Privacy Policy

This Privacy Statement describes how Fly & Dive manages personal data and personal information, and respects your privacy. This policy may be amended from time to time. We encourage visitors to and users of our sites to regularly review our Privacy Policy.

All “Personal Information” (which is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains) that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. To update your information and preferences, see the section entitled “Updating Your Personal Information and Privacy Preferences.”

Fly & Dive is made up of different legal entities. This privacy notice is issued on behalf of the Fly & Dive group of companies. When we refer to “Fly & Dive”, “we”, “us” or “our” in this privacy notice, we mean the Fly & Dive entity that acts as the controller or processor of your information, as explained in more detail in the “Entities Collecting Personal Information” section below.

Collection of Personal Information

As a visitor to the Site, you can engage in many activities without providing any Personal Information.

However, when you register to use a Fly & Dive site and order products or services as a Fly & Dive subscriber in order to provide the services to you, we may collect the following Personal Information from you:

• Contact information such as your name, phone and fax numbers, address and email address; and
• Billing information such as the number, expiration date, card type and billing address of your credit card;
• Demographic information such as your job title, job description and company name and company type; and
• Profile data, including your username and password, details about your purchases and the Content that you license from us.

If you submit content to Fly & Dive for licensing, you may be asked to provide the following information:

• Contact information such as your name, phone number, primary address, and email address.
• Payment and contributor information including, but not limited to, payout method, payout email, desired display name, content focus, camera equipment, and information about your skill level and creative process.

Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

As is true of most websites, when you use the Site, Fly & Dive or third party subprocessors contracted by Fly & Dive may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol (IP) address of your computer. We use these environmental variables to facilitate and track your use of the Site and its services. Fly & Dive also uses such environmental variables to measure traffic patterns on the Site. To better understand the needs of our visitors to the Site we may occasionally match such information with your Personal Information.

In order to reduce errors in our database, authenticate our users, and prevent abuse of our system, we may on occasion supplement the Personal Information you submit to us with information from third-party sources. For example, we may supplement your contact information with address information provided by the Andorra Postal Service to qualify your information and prevent errors in our database. We may supplement the information that we collect directly from you with information stored in third-party databases, such as demographic information or company information in order to make it more likely that any marketing communications we send will be relevant and of interest to you.

Updating Your Personal Information and Privacy Preferences

Upon request Fly & Dive will provide you with information about and access to your Personal Information that we process. To request this information please contact us at contact@flyandive.com.

You have the right to access and correct, or delete your Personal Information and privacy preferences at any time.

How Your Personal Information Is Used

Fly & Dive collects your information in order to provide services to you, comply with our legal obligations, and to improve our products and services. We do not sell, rent or share your personally identifiable information to or with third parties in any way other than as disclosed in this Privacy Policy. Fly & Dive may use this information to:

• Authenticate and provide access to the Fly & Dive websites, mobiles applications, and services.
• Process your financial transactions.
• Send you order / renewal confirmations.
• Register your rights, if any, to technical support or other benefits that may be made available to registered users.
• Respond to customer service requests, questions and concerns.
• Administer your account.
• Send you requested product or service information.
• Keep you informed about special offers and services of Fly & Dive and selected third parties.
• Administer promotions and sweepstakes you enter and notify you of the results.
• Investigate, prevent or take action regarding illegal activities and/or violations of our Terms of Service.
• Meet our research and product/service development needs and to improve our Site, services and offerings; and
• Customize your experience, including targeting our services, search results, and offerings to you.

We store information that we collect through cookies, log files, transparent images, and/or third-party sources to create a summary of your preferences. We tie your personally identifiable information, and/or your membership usage history, to information in the summary, in order to provide tailored promotions and marketing offers, to improve the content of the site for you and/or to determine your preferences.

In certain situations, Fly & Dive may be required to comply with legal obligations to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Where required by law (e.g., to comply with a subpoena, warrant, court order, or legal process served on Fly & Dive), and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you in order to comply with our legal obligations if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

Legal Bases for Processing

For individuals located in European Economic Area (EEA) and UK, we rely on the following legal bases for the processing of your personal data:

• Where processing is necessary to perform our contract with you:
• Providing access to the Fly & Dive websites, mobiles applications, and services to fulfill the terms of your contract;
• Customizing your experience, including targeting our services, search results, and offerings to you.
• Providing information so that you can make decisions about Fly & Dive services;
• Processing your financial transactions and sending you order / renewal confirmations;
• Register your rights, if any, to technical support or other benefits that may be made available to registered users;
• Responding to your customer service requests, questions and concerns;
• Administering your account.
• Processing is necessary to protect the vital interests of the data subject or another natural person:
• Investigating and protecting against intellectual property infringement;
• Confirming the validity of licenses to Fly & Dive content;
• Investigating, preventing or taking action regarding violations of our Terms of Service.
• Processing in furtherance of Fly & Dive’s legitimate interests:
• Providing, improving and customizing our website and services;
• Administering our operations and meeting our contractual obligations to our customers and contributors;
• Analyzing and understanding how our online platforms are being used;
• Maintaining the security and integrity of our websites, mobile applications and other services;
• Sending you requested product or service information and keeping you informed about special offers and services of Fly & Dive and selected third parties;
• Administering promotions and sweepstakes ;
• Research and product/service development for the improvement of our Site, services and offerings.
• Processing is necessary for compliance with Fly & Dive’s legal obligations, including:
• Investigating and protecting against intellectual property infringement, fraud, spam, harassment, crime and security risks;
• Compliance with money laundering, bribery, corruption, and applicable sanctions laws and regulations; and
• Meeting financial reporting and other obligations under applicable securities laws.

Information Sharing with Service Providers / Agents

Fly & Dive uses one or more outside credit card processing companies to bill you for our goods and services. To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any other purpose.

We also share Personal Information with certain companies that perform services on our behalf. We only share the Personal Information which is necessary for them to perform those services. We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services for Fly & Dive. You may find a list of these third-party subprocessors here.

We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.

Data Retention and Data Portability

We will retain your information for as long as your account is active and your information is needed to provide you services, as necessary to validate or enforce the licenses to use Content, or as required to fulfill our legal obligations. If you wish to delete your account or request that we no longer use your information to provide you services by visiting the “My Account Preferences” link on the site and following the instructions under the section “Delete My Account”. If you are unable to access your account, please contact contact@flyandive.com. We will respond to your request within 30 days. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Your Choices (Opt Out)

Fly & Dive does not sell your personal data or personal information to any third party. We do use third party advertising services to manage the advertisements that we place on other sites. Our third-party partner may use technologies such as cookies and trackers to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests.

Fly & Dive will only use your personal information for the purposes described in this Privacy Statement and will not use your personal information for a purpose that is materially different without your express authorization.

You may request the deletion of your Personal Data from our systems and/or opt-out of further processing of your Personal Data by visiting the “My Account – Preferences” page and following the instructions under the section titled “Delete My Personal Data”. If you are unable to access your account, please contact contact@flyandive.com

Protection of Your Personal Information

The Personal Information that you provide in connection with the use of the Site is protected in several ways.

• Access by you to your account profile is available through a password and unique customer ID selected by you. This password is encrypted. You should strive to use a strong, alpha-numeric password which you should not divulge to anyone.
• Your Personal Information resides on secure servers that only selected Fly & Dive personnel and contractors have access to via password.
• Your Personal Information is encrypted whenever it is transmitted to Fly & Dive.
• When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using transport layer security technology

We strive to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we take into account the sensitivity of the Personal Information we collect, process and store, and the current state of technology to use these measures protect your Personal Information, we cannot guarantee its absolute security.

If you have any questions about security on our Web Sites, you can send email to us at contact@flyandive.com.

Cookie and Tracking Technologies

The Site may automatically collect information as you browse, such as Internet Service Provider, browser type and version, operating system and device type, average time spent on our site(s), pages viewed, information accessed, the Internet Protocol (IP) address used to connect your computer to the Internet and other relevant statistics. Such information is sometimes referred to as web analytics and/or clickstream data.

We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and provide site functionality.

Technologies such as: cookies, beacons, tags and scripts are used by Fly & Dive and our affiliates, analytics services and service to provide site features and functionality. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

• A cookie is a small, unique text file that a website can send to your computer when you visit a site. We may use session cookies, which terminate when a user closes his or her browser, and/or persistent cookies, which remain on the user’s computer until manually deleted. Most web browsers can either alert you to the use of cookies or refuse to accept cookies entirely. If you do not want us to deploy cookies to your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie on your computer. Rejecting cookies may affect your ability to use the Site.
• We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests.

You can find more information about the cookies and third party advertising partners in our Cookie Statement

We enable you to create a profile for accessing blogs or online communities for sharing information such as messages, photos and videos. Please note that we cannot control the actions of others with whom you may choose to share your pages and information. Any information you post to a public bulletin board or chat room, such as the Forum For Contributors (the “Forums”), is available to all persons accessing that location. To request removal of your personal information from our blog or community forum, contact us at contact@flyandive.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Alternatively, if you used a third party application to post such information, you can remove it, by either logging into the said application and removing the information or by contacting the appropriate third party application.

Changes in Privacy Policy

Fly & Dive reserves the right to amend the Privacy Policy from time to time at its sole discretion and will provide notice by email or on the home page of the Site when we make material changes to this Privacy Policy prior to the change becoming effective. If as the result of such changes, you want to alter the ways in which Fly & Dive is allowed to use your Personal Information, you can do so by following the procedure described in the section entitled “Updating Your Personal Information and Privacy Preferences.”

You will be deemed to have been made aware of, and will be subject to, any material changes to the Privacy Policy after such notice has been posted with the following exception: If at the time you provide Personal Information to Fly & Dive you are given the opportunity (as you currently are) to limit how such information will be used to communicate with you, either by Fly & Dive or by third parties, Fly & Dive will not change your preference in this regard without your express consent. However, if Fly & Dive is acquired by or merged with another entity, Fly & Dive may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent, but Fly & Dive will provide notice of such asset sales, acquisitions, or mergers on this Site.

Non-Discrimination

Fly & Dive will not discriminate against any user who exercises rights under the California Consumer Privacy Act or other privacy or data protection law. We will not deny services from users who exercise rights under a privacy law and we do not charge different prices to users who choose to exercise rights under applicable privacy law.

Links to third party sites

Our Site includes links to other Web sites whose privacy practices may differ from those of Fly & Dive. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.

Social Media Widgets

Our Web sites may include Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Entities Collecting Personal Information

Data Controller (Location of Incorporation or Organization):

Fly & Dive, SL
Avinguda Doctor Mitjavila, numéro 29
ANDORRA LA VELLA, AD500
Phone: +336 42 34 92 72
Email: contact@flyandive.com

Privacy Complaints

Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Personal Data, seek to update, delete or correct this Information, and request to restrict further processing of your Personal Data.

You may request the deletion of your Personal Data from our systems and/or opt-out of further processing of your Personal Data by visiting the “My Account – Preferences” page and following the instructions under the section titled “Delete My Personal Data”

If you wish to make any other objection to the processor of your personal data, you may also object to processing by emailing contact@flyandive.com

Fly & Dive takes its users’ privacy concerns seriously. If you have any questions about this Privacy Policy, or if you believe that Fly & Dive has not complied with this Privacy Policy with respect to your Personal Information, you may contact the Data Protection Officer at contact@flyandive.com

In case of a claim between the two parties, it will be dealt in the courts of the Principality of Andorra.

Data Controller (Location of Incorporation or Organization)

For individuals located in the US, Canada, and India:

Fly & Dive, SL
Avinguda Doctor Mitjavila, numéro 29
ANDORRA LA VELLA, AD500
Phone: +336 42 34 92 72
Email: contact@flyandive.com

For individuals located outside of the United States, Canada and India, the data controller is:

Fly & Dive, SL
Avinguda Doctor Mitjavila, numéro 29
ANDORRA LA VELLA, AD500
Phone: +336 42 34 92 72
Email: contact@flyandive.com

Subject to applicable law, you also have the right to lodge a complaint with your local data protection authority or the Principality of Andorra:

Fly & Dive, SL
Avinguda Doctor Mitjavila, numéro 29
ANDORRA LA VELLA, AD500
Phone: +336 42 34 92 72
Email: contact@flyandive.com