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New Wave Divers Boracay dive shop on White Beach, Station 1
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Privacypolicy.

How the personally identifiable information you may provide on our website is collected, protected and used — the choices available to you, and how you can access and update your information.

Last updated · October 2025

This privacy policy ("Policy") describes how the personally identifiable information ("Personal Information") you may provide on the newwavediversboracay.com website ("Website" or "Service") and any of its related products and services (collectively, "Services") is collected, protected and used. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it. This Policy is a legally binding agreement between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood and agree to be bound by its terms. This Policy does not apply to companies we do not own or control, or to individuals we do not employ or manage.

1. Automatic collection of information

When you open the Website, our servers automatically record information that your browser sends. This may include your device's IP address, browser type and version, operating system type and version, language preferences, the webpage you were visiting before you came to us, the pages of the Website and Services you visit and the time spent on them, what you search for, and access times and dates. This information is used only to identify potential cases of abuse and to establish statistical information about the usage and traffic of the Website and Services. It is not aggregated in a way that would identify any particular user.

2. Collection of personal information

You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you. If you wish to use some of the features, you may be asked to provide certain Personal Information (for example, your name and email address). We receive and store any information you knowingly provide when you fill in any online forms. Some information is collected directly from you; however, we may also collect Personal Information about you from other sources, such as public databases and our joint marketing partners. You can choose not to provide your Personal Information, but you may then be unable to take advantage of some features. If you are uncertain about what information is mandatory, you are welcome to contact us.

3. Use and processing of collected information

In order to make the Website and Services available to you, or to meet a legal obligation, we need to collect and use certain Personal Information. If you do not provide it, we may not be able to provide you with the requested products or services. Any of the information we collect may be used to help run and operate the Website and Services.

How we process your Personal Information depends on how you interact with us and where you are located, and applies where: (i) you have given consent for one or more specific purposes; (ii) provision is necessary for the performance of an agreement with you or for pre-contractual obligations; (iii) processing is necessary for compliance with a legal obligation; (iv) processing relates to a task carried out in the public interest or in the exercise of official authority vested in us; or (v) processing is necessary for the legitimate interests pursued by us or a third party. We will be happy to clarify the specific legal basis that applies, including whether the provision of Personal Information is a statutory or contractual requirement.

4. Disclosure of information

Depending on the Services requested or as necessary to complete a transaction or provide a service you have requested, we may — with your consent — share your information with trusted third parties that work with us, and with affiliates and subsidiaries we rely on to operate the Website and Services. We do not share Personal Information with unaffiliated third parties. These service providers are not authorised to use or disclose your information except as necessary to perform services on our behalf or to comply with legal requirements, and only where their privacy practices are consistent with ours. We will disclose Personal Information if required or permitted by law — for example, to comply with a subpoena or similar legal process — and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

5. Retention & transfer of information

We retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes and enforce our agreements, unless a longer retention period is required or permitted by law. Once the retention period expires, Personal Information is deleted, and the rights of access, erasure, rectification and data portability cannot be enforced after that point. Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis for transfers to a country outside the European Union, or to any international organisation governed by public international law, and about the security measures we take to safeguard your information.

6. The rights of users

You may exercise certain rights regarding the information we process. In particular, you have the right to: (i) withdraw consent where you have previously given it; (ii) object to processing carried out on a legal basis other than consent; (iii) learn whether information is being processed by us, obtain disclosure about certain aspects of the processing, and obtain a copy of the information; (iv) verify the accuracy of your information and ask for it to be updated or corrected; (v) restrict the processing of your information in certain circumstances, in which case we will only store it; (vi) obtain the erasure of your Personal Information in certain circumstances; and (vii) receive your information in a structured, commonly used and machine-readable format. Where Personal Information is processed for the public interest, in the exercise of official authority, or for our legitimate interests, you may object by providing a ground related to your particular situation.

7. GDPR & California privacy rights

If you are a resident of the European Economic Area (EEA), you have data protection rights and we aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Information. These include the right to request access to your Personal Information; to request correction or completion of it; to request erasure under certain conditions; to object to our processing; to seek restrictions on processing; to be provided with a copy of your information in a structured, machine-readable and commonly used format; and to withdraw your consent at any time where we relied on it. You also have the right to complain to your local Data Protection Authority about our collection and use of your Personal Information.

California residents who provide Personal Information to obtain products or services for personal, family or household use are entitled to request and obtain from us, once a calendar year, information about the Personal Information we shared (if any) with other businesses for their own marketing uses — including the categories of Personal Information and the businesses with which it was shared in the prior calendar year. To obtain this information, please contact us.

8. How to exercise your rights

Any request to exercise your rights can be directed to the Operator through the contact details provided in this document. We may ask you to verify your identity before responding. Your request must provide sufficient information to allow us to verify that you are the person you claim to be (or their authorised representative), and sufficient detail to let us understand and respond to it. We cannot respond to your request or provide you with Personal Information until we have verified your identity or authority and confirmed that the Personal Information relates to you.

9. Privacy of children

We do not knowingly collect any Personal Information from children under the age of 18. If you are under 18, please do not submit any Personal Information through the Website and Services. We encourage parents and legal guardians to monitor their children's internet usage and to help enforce this Policy by instructing their children never to provide Personal Information without their permission. If you believe that a child under 18 has provided Personal Information to us, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow a parent or guardian to do so on your behalf).

10. Cookies & Do Not Track signals

The Website and Services use cookies to help personalise your online experience. A cookie is a text file placed on your hard disk by a web page server; cookies cannot be used to run programs or deliver viruses, are uniquely assigned to you, and can only be read by a web server in the domain that issued them. We may use cookies to collect, store and track information for statistical purposes. You can accept or decline cookies — most browsers accept them automatically, but you can usually modify your browser settings to decline them. Some browsers offer a Do Not Track feature; the Website and Services do not track visitors over time and across third-party websites, although some third-party sites may track your activity when they serve you content.

11. Information security & data breach

We secure the information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use or disclosure, and we maintain reasonable administrative, technical and physical safeguards. However, no data transmission over the internet or a wireless network can be guaranteed; you acknowledge the security and privacy limitations of the internet which are beyond our control. In the event we become aware that the security of the Website and Services has been compromised, we reserve the right to take reasonably appropriate measures — including investigation, reporting and cooperation with law enforcement — and will make reasonable efforts to notify affected individuals where there is a reasonable risk of harm or where notice is otherwise required by law.

The Website and Services contain links to other resources that are not owned or controlled by us. We are not responsible for the privacy practices of those third parties, and we encourage you to be aware when you leave the Website and Services and to read the privacy statements of every resource that may collect Personal Information.

13. Changes & acceptance of this policy

We may modify this Policy from time to time at our discretion, and will notify you of any material changes to the way we treat Personal Information by revising the "last updated" date above. Any updated version is effective immediately upon posting unless otherwise specified, and your continued use of the Website and Services constitutes your consent to the changes. By accessing and using the Website and Services you agree to be bound by this Policy; if you do not agree, you are not authorised to use the Website and Services.

To understand more about this Policy, or for any matter relating to your individual rights and Personal Information, contact us on WhatsApp, email dive@newwavediversboracay.com, or visit us on White Beach, Station 1, Boracay. See also our Terms & Conditions.

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