At Aqualung, as data controller, we are extremely cautious and concerned by the privacy of our clients and users. We are proud to work hard to ensure that our processing operations comply with all regulations applicable to protect your privacy.
It is important that you understand how we look after your Personal Data (as defined in section 2 below) and how we make sure that we meet our legal obligations to you under the applicable data protection laws (including associated guidance) (the "Data Protection Laws") which include the Data Protection Act 2018 and the General Data Protection Regulation ("GDPR").
The present document applies to the processing activity carried out by us on your Personal Data when you navigate or share Personal Data with us on the Aqualung websites:; www.apeksdiving.com, www.aqualung.com, www.aquasphereswim.com, www.michaelphelps.com, www.aqualungsport.com, www.aqualungpartnercenters.com, www.omersub.com and hereinafter, the "Website") and describe the conditions under which your Personal Data is collected and processed by our company on the Website.
Aqua Lung Australia Pty Ltd.
9a Vernon Ave
Heidelberg West, VIC 3081
We are a controller of your information, which means that we are responsible for looking after it. We will use your Personal Data fairly, lawfully and in a transparent manner, and in accordance with the Data Protection Laws.
2. THE PERSONAL DATA COLLECTED ON THE WEBSITEBy using our Website, you will transmit data to us, some of which are likely to identify you ("Personal Data"). This is particularly the case when you fill in forms to contact us. This information shall contain in particular the following data:
- Your first name and surname;
- Your email address;
- Your phone number;
3. PURPOSES OF THE PROCESSING ACTIVITY OPERATED ON YOUR PERSONAL DATA ON THE WEBSITESWe process your Personal Data through our Websites for the following purposes:
- to be able to answer your queries;
- to manage and track your orders;
- to allow you to participate in interactive features on our websites, our apps, and in relation to our services, when you choose to do so;
- to administer our websites and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to analyze how you use the Website (including behavior patterns and the tracking of visits across multiple devices) to improve our own goods and services;
- to establish more about our website users; and
- to create and assist us in managing your account, improve your Website experience and ensuring that the Website content is presented in the most effective manner for you and for your computer;
- to measure, understand or monitor the effectiveness of advertising, promotions, marketing material and content and any joint initiatives with our affiliates, suppliers, partners, subcontractors and other selected third parties;
- to make suggestions and recommendations to you and other users of our Website or services about goods or services that may interest you or them; and
- to comply with our legal and regulatory obligations and for the purposes of assisting with the prevention and detection of crime;
- to answer your queries related to you rights as described in Section7.
- you have given consent to the processing of your Personal Data for one or more specific purposes, in which case you have the right to withdraw your consent for those specific purposes at any time;
- the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; and
- the processing is necessary for our legitimate business interests, and we consider that the processing is reasonable (without unreasonably intruding on your privacy) to:
- provide you with goods and services as requested by you;
- to carry out research to understand our customers and how they use our products and services;
- develop and improve our services to you and to our other Website users; and
- the processing of your Personal Data is necessary for compliance with a legal obligation to which we are subject.
|Answer your queries||The legal basis could be either your consent or the performance of the contract|
|To manage and track your orders||The legal basis is the performance of the contract|
|Allow you to participate in interactive features||The legal basis is your consent|
|Administer our websites and for internal operations||The legal basis is our legitimate interests|
|Analyse how you use the Website||The legal basis could be either your consent or our legitimate interests|
|Establish more about our website users||The legal basis could be either your consent or our legitimate interests|
|Assist us in creating and managing your account||The legal basis is the performance of the contract|
|Measure, understand or monitor the effectiveness of advertising||The legal basis is your consent|
|Make suggestions and recommendations to you about goods or services that may interest you||The legal basis is your consent|
|To comply with our legal and regulatory obligations with the prevention and detection of crime||The legal basis is the compliance with legal obligations|
|Answer your queries related to your rights||The legal basis is the compliance with legal obligations.|
4. RECIPIENTS OF YOUR PERSONAL DATAUnder this policy, "Aqualung Affiliates" means all the companies controlled directly or indirectly, by Alizé Capital (1ère Avenue 14ème rue 06513 Carros Cedex, France), Alizé Development (1ère Avenue 14ème rue 06513 Carros Cedex, France) and Aqua Lung International (1ère Avenue 14ème rue 06510 Carros Cedex, France).
We may disclose your personal information:
- to business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you, for example where we use a third party to provide services to enable us to deliver goods and/or services to you;
- to analytics and search engine providers and other selected third parties that assist us in the improvement and optimization of our Website;
- to our regulators, law enforcement or fraud prevention agencies, as well as our advisors (including legal advisors and auditors), courts, any other authorized bodies, for the purposes of investigating any actual or suspected criminal activity or other regulatory or legal matters etc;
- in the event of a merger, acquisition or other similar event, to a prospective buyer or otherwise of our business or assets, in which case we will disclose your personal data to such prospective buyer or otherwise of such business or assets;
- to legal advisors and otherwise in connection with legal proceedings in order to enforce or apply our rights under any contract.
- We do not share your information with third parties for marketing purposes.
5. WHERE WE STORE YOUR PERSONAL DATA
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot fully guarantee the security of the Internet during the transmission of your data to our websites; such transmission is at your own risk.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access, including keeping security patches up to date wherever possible, and by constantly investigating new ways to keep data secure
Transfers outside of the European Economic Area
The data that we collect from you may occasionally be transferred to, and stored at, a destination outside the EEA, for example to a member of Aqua Lung based in the United States.
- We signed Standard Contractual Clauses within Aqua Lung and Aqua Lung Affiliates (an "appropriate safeguard") to ensure an adequate level of data protection;
- We control that transfers made by our Data Processors are made in compliance with the GDPR.
6. RETENTION OF YOUR PERSONAL DATA
More precisely: We will keep your personal data for as long as we need it to provide you with your requested service(s) or to meet our commercial or legal obligations. To determine the retention period of your personal data, we consider several criteria to make sure that we do not keep your personal data for long than is necessary or appropriate. These criteria include:
- The purpose for which we keep your personal data;
- Our legal and regulatory obligations in relation to that personal data;
- Whether our relationship with you is ongoing, for example, you have an active account with one or more of our brands, you continue to receive marketing communications,
- Whether you are no longer actively participating or engaging with our brands, for example, you do not have an active account, open our emails, visit our websites, or share user generated content;
- Any specific requests from you in relation to the deletion of your personal data; and
- Our legitimate business interests in relation to managing our own rights, for example the defense of any claims. When we no longer need to retain your personal data, it will be deleted or be anonymized so that you can no longer be identified from it.
7. EXERCISING YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATAUnder the GDPR, you have the right to access, to rectify, to restrict and, where applicable, to delete your Personal Data. You also hold the right to data portability.
You may also be entitled, on legitimate grounds, to object to the processing of any Personal Data relating to you.
|You have the right to request access to your Personal Data||You have the right to request confirmation that your Personal Data is being processed, access to your Personal Data (through us providing a copy) and other information about how we process your Personal Data.|
|You have the right to ask us to rectify your Personal Data||You have the right to request that we rectify your Personal Data if it is not accurate or not complete.|
|You have the right to ask us to erase your Personal Data||You have the right to ask us to erase or delete your Personal Data where there is no reason for us to continue to process your Personal Data. This right would apply if the processed Personal Data are no longer necessary regarding the purposes for which we collected them, where you withdraw your consent for us to process special categories of your Personal Data, or where you object to the way we process your Personal Data (see the section "You have the right to object…" within this table below).|
|You have the right to ask us to restrict or block the processing of your Personal Data||You have the right to ask us to restrict or block the processing of your Personal Data that we hold about you. This right applies where you believe the Personal Data is not accurate, you would rather we block the processing of your Personal Data rather than erase your Personal Data, where we don need to use your Personal Data for the purpose we collected it for but you may require it to establish, exercise or defend legal claims.|
|You have the right to port your Personal Data||You have the right to obtain and reuse your Personal Data from us to reuse (in a structured, commonly used and machine readable format) for your own purposes across different services. This allows you to move Personal Data easily to another organization, or to request us to do this for you.|
|You have the right to object to our processing of your Personal Data||You have the right to object to our processing of your Personal Data on the basis of our legitimate business interests, unless we are able to demonstrate that, on balance, our legitimate interests override your rights or we need to continue processing your Personal Data for the establishment, exercise or defense of legal claims. However, you also have the absolute right to object to our processing of your Personal Data for direct marketing purposes.|
|You have the right not to be subject to automated decisions||You have the right to object to any automated decision making, including profiling, where the decision has a legal or significant impact on you.|
|You have the right to withdraw your consent||You have the right to withdraw your consent to our processing of your Personal Data.|
You can exercise these rights, with a proof of your identity, by simple written request sent by email to: GDPR-AU@aqualung.com
Or by mail at the following address:
Aqualung Australia and New Zealand
c/o GDPR Representative
9a Vernon Ave
Heidelberg West, VIC 3081
We will respond to any request received from you within one month from the date of the request. If your request is not sufficiently precise or does not include all elements enabling us to answer your request, Aqualung may ask you to provide additional elements.
8. COOKIESWe use various cookies on the Website for website analysis and improvement. When you visit our Website, cookies may be placed on your computer or smartphone.
What is a cookie? A "cookie" is a small text file placed in your browsing software to facilitate your browsing through our Website.
Different types of cookies are placed on the Website:
- Technical cookies required to run the Website in the best possible manner. You may refuse and delete, as specified below, these cookies through your browser's parameters, but your user experience will necessarily be disrupted. These technical cookies include:
- Session cookies, which allow the ordinary browser session and use of the Website (for instance, allowing the authentication in the personal user area). Session cookies are only set temporarily: when you close the browser, the cookies will be removed;
- Functional cookies, which allow the user to browse the Website according to a set of selected criteria (for instance, products selected for the purchase) in order to improve the service provided.
- Analytics cookies, aimed at adapting the Website to the users' needs, assessing the number of visits and pages viewed as well as the activity of our users. These cookies help us enhance our services to offer you the best possible user experience.
- List of cookies:
|cookieconsent_status||allow||Cookies consent status|
Each web browser has its own cookie management settings. The procedures are described in the Help Menu of the software:
- For Internet Explorer™: click here
- For Safari™: click here
- For Chrome™: click here
- For Firefox™: click here
- For Opera™: click here
This policy was last reviewed and updated on December 2021.