Effective Date: 01 September 2021
Cyber Dive operates a service that allows parents and legal guardians to monitor the activities of their children through our devices, mobile application, and our website https://www.cyberdive.co/ (the “Services”). Any of our Services which are utilized by anyone to whom you provide a CYBER DIVE devices and is used under your direction and/or supervision are also covered under this Policy.
Your use of our Services is subject to this Policy and any other terms and conditions of service associated with your device (“Terms”) including the indemnification and limitations of liability provisions contained therein. By using our Services, you acknowledge that you have read, understand, and agree to this Policy and Terms. We do not require you to provide your personal information to us to enjoy some of our Services. However, if you do not provide certain personal information, you may not be able to use or access portions of our Services, such as the device, account features, or account information.
CYBER DIVE reserves the right to change this Policy by publishing new terms on its website at any time. When we do, we will revise the effective date above. Your continued use of our Services after such changes means you accept the Policy as revised. Please periodically review this Policy to stay informed about how we collect, process, and share your personal information.
Categories and Types of Personal Information We Collect
Through the CYBER DIVE Services, we collect personal information, which is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. We collect this information to offer services, complete transactions, and maintain the highest level of customer service for all of our customers and website visitors. The personal information we collect and process depends on how, where, and why you interact with us. Some of the personal information we collect or may collect include:
Identifiers are any personal information that can be associated with a specific individual, entity or device. Examples of these identifiers include customer name, alias, postal address, telephone number, e-mail address, partial or full social security number, and other similar identifiers.
Categories of Personal Information.
These are other types of the personal information collected from the customer to facilitate business transactions. These include, for example, telephone numbers, signature, credit or debit card information, credit or debit card expiration dates, and other financial or medical records.
Characteristics of Protected Classification.
Other information that CYBER DIVE may receive and store is information viewed as characteristics of protected classification under state or federal law. Typically, this information is received as ancillary to other information, such as date of birth to reveal the customer’s age. Information that may be included in this category includes age, gender, marital status, disability, medical information, and military or veteran status. For identification and verification purposes, CYBER DIVE may ask the customer to provide a copy of their driver’s license. By doing so, CYBER DIVE may see, but does not actively collect, other information about the customer including race, color, religion, or national origin.
Commercial or Transaction Information.
To complete transactions and for the convenience of our customers, CYBER DIVE collects credit card information, including account numbers, card holder names, and addresses. Also, CYBER DIVE will have records of the phone or other devices purchased or leased, activation, and records of information of products or services placed into the customer’s online cart.
Customer Proprietary Network Information (CPNI) and other Electronic Activities.
As a wireless services provider, CYBER DIVE is required to collect certain personal information in connection with your wireless services. CPNI, for example, is a subset of the personal information that is generated in connection with the telecommunications services we provide to our customers. CPNI includes, for example, call detail records, call location information, technical configuration, and information about your rate plans and features. We may de-identify your CPNI and, if we do so, we will maintain and use the data in a non-individually identifiable form and will not attempt to re-identify the data.
Additionally, CYBER DIVE maintains several internet webpages and mobile apps to inform customers about plans, services, and help complete transactions. As part of this, CYBER DIVE will collect certain information including browsing history, search history, interaction with website and apps, and interaction with advertisements
Network, Device, and Geolocation Information.
We may collect information about your use of your device and our network, how you use or access our service or website, Wi-Fi usage, geographic locations, and performance information. Some examples of this type of information include internet protocol (IP) addresses, the type of internet browser you are using, the type of operating system you have configured on your computer or mobile device, the domain name of the website and/or Internet Service Provider (ISP) from which you are linked to our website, the model of device you are using, device identifier (“UDID”), web browsing and wireless application use information, date and time stamp, and clickstream data to analyze trends in aggregate and administer our website. CYBER DIVE may also collect aggregated network strength data. This data may combine geolocation information, signal data, and other information to help CYBER DIVE monitor the strength and reliability of the services we provide to our customers.
Educational, Professional, and Employment Information.
CYBER DIVE does not actively seek educational or employment information about our customers. However, this information may be submitted to CYBER DIVE as part of our services. If submitted for verification purposes, once the information is verified, CYBER DIVE will delete such information as required by law.
CYBER DIVE always seeks to provide the best service, products, and selections to our customers. As part of this, we may develop profiles on our customers to determine which service, prices, and offers would best suit their needs. As such, CYBER DIVE may have inferential information on our customers including preferences, predispositions, and behavior to see what wireless plans or offerings would be competitive in the marketplace.
CYBER DIVE may obtain health information if you or your family member voluntarily provide the information. Through our Services we may provide health features to help our customers better understand changes in physical or mental health. We will only retain such voluntarily provided information as required by law.
Online and Application Engagement.
The device you select will allow CYBER DIVE to gather and collect data and information about how you use applications and engage with the various features available on applications and websites. We actively gather this data to provide the Services to you.
Note: CYBER DIVE will have access to the content of private e-mail communications, text messages, private or direct messages, and other in-app communications that are transmitted using CYBER DIVE Services.
How Personal Information is Collected
Personal Information Submitted to Us.
We collect personal and non-personal information from you based upon our business relationship with you. You supply information to us when you use our products and services, when you visit our website, when you make a purchase from us, or when you establish or modify an online account. Additionally, you may also provide us with information when you interact with our customer service representatives, participate in online surveys, or engage with our marketing programs.
Your device may have pre-installed applications or portions of applications that, because of their limited utility, do not appear as separate icons on your device screen. These applications are used by us and our partners to collect network strengths, performance, coverage, and quality, as well as for marketing purposes. Additionally, these applications may collect information regarding your device, such as device identifiers, features, and software versions installed, for campaign management such as push notifications or to preinstall certain applications.
Automatically Collected Personal Information.
We also automatically collect information associated with you through your use of your device and our products and services. When you visit our website, we may store information on your computer that allows us to identify you immediately. This process is often referred to as "cookie" technology. More specifically, a cookie is a commonly used Internet standard which stores, in a very small text file on the customer's hard disk, information specific to the customer.
How Personal Information is Used
Business Relationship Purposes.
CYBER DIVE uses your personal information for various purposes, including but not limited to, billing purposes such as an auto-renew program, to provide or change service, to anticipate and resolve problems with your service, for fraud prevention purposes, to comply with legal requirements, to communicate with you, to manage and administer our websites and services, for auditing and accounting purposes, to collect and process transactions, or to inform you of products and services that better meet your needs.
Interest Based Advertising.
Mobile Analytics Software.
CYBER DIVE uses mobile analytics software to better understand the functionalities of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and location where the application was downloaded. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
How Personal Information is Shared
Third Party Service Providers.
We may share your personal information with our third-party business partners, vendors and consultants who perform services on our behalf or who help us provide our Services, such as accounting, managerial, technical, marketing or analytic services, and to other third-party partners or service providers who contractually agree to process personal information solely as necessary to provide services or features to our users.
We share personal information and usage data gathered from the device user with you as part of the Services we provide. By using a CYBER DIVE device you understand that we will share detailed information with you regarding how the user interacts with the device, applications, and web browsers. Data and information may be of a personal nature and may be publicly available on the internet or only available through person-to-person interfaces.
CYBER DIVE may further share customer personal information in the following situations:
With affiliated and unaffiliated service providers who help us perform and deliver our Services, subject to confidentiality agreements where reasonably feasible, including: service and sales fulfillment; form processing; website management and hosting providers; information technology and security providers; customer service; email and newsletter delivery services; background check providers; credit agencies; advertisement partners and corporate sponsors; and auditing providers;
With third parties to investigate and help prevent fraud, other unlawful activity or activity that threatens a service network;
With legal, governmental, or judicial authorities as instructed or required by those authorities and applicable laws, or in relation to legal activity, such as to comply with a subpoena, request by public authorities for meeting national security or law enforcement requirements, or other similar legal process;
With the appropriate government and law enforcement authorities, 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;
With persons or any third party of your choosing and at your discretion; and
With necessary third parties in connection with, or during negotiations for, a merger, acquisition, or sale of all or a portion of CYBER DIVE’s assets.
Software Application for Services and Devices.
CYBER DIVE also works with other companies who supply software applications for use on our websites, mobile applications, and devices. The software is used to monitor, review, evaluate, collect, and store the Information from web sessions, application interaction, and device use. This information is used by CYBER DIVE to provide the Services and may be shared with authorized third parties to provide updates, patches, and analysis.
How Long Your Personal Information is Retained
We will retain your personal information as long as it is needed for business, tax, retention, and legal purposes. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Your information will be deleted when all of the following conditions are met:
• once it is no longer needed;
• when there is no legal obligation to retain it;
• at the end of CYBER DIVE’s information retention period; and
• upon receipt of a verified request and can be deleted without affecting CYBER DIVE’s legal obligations or ongoing business needs.
Absent a specific request to delete your personal information, as permitted by law, CYBER DIVE will delete your information per its normal business processes and procedures.
How Customers Can Restrict the Sharing of Personal Information Used in E-Mail Marketing
Declining E-mail Offers.
CYBER DIVE will only send our customers e-mails regarding promotional offers or other news if a customer grants us permission to do so by providing an email address. If a customer does provide us an email address, we may use it to communicate with the customer including sending promotional offers or other information.
Opting-Out of E-Mail Offers.
A customer always has the right to choose not to receive CYBER DIVE e-mail direct marketing communications by opting-out or unsubscribing. A customer can opt-out or unsubscribe from our e-mail list by clicking on the unsubscribe link found at the bottom of every message or promotion delivered electronically to our customers. Upon such election and within a reasonable time thereafter, CYBER DIVE (a) will not contact that customer directly with CYBER DIVE promotional messages, and (b) will not use personal information obtained from that customer's registration to contact that customer with CYBER DIVE product messages.
How Personal Information is Secured
CYBER DIVE uses administrative, organizational, technical, and physical safeguards to protect the personal information it collects and processes. Nonetheless, CYBER DIVE cannot guarantee your personal information will be perfectly secure at all times. Our security controls are designed to maintain data confidentiality, maintain data integrity, and give us an appropriate level of access to your data. For example, when you enter sensitive personal information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). CYBER DIVE, based on its reasonable judgment, will continue to enhance its security procedures as new technology becomes readily available.If you have any questions about security on our website, you can contact us at firstname.lastname@example.org.
Links to Other Websites
Third Party Links.
CYBER DIVE's Services may contain links to other websites that are not owned, operated, or controlled by CYBER DIVE. Any personal information collected by such third-party websites is not governed by this Policy. We recommend that you examine the privacy policies of such third-party websites prior to submitting any personal information.
In some instances, our website content is also featured on other websites with differing or non-existent privacy policies. These websites may collect personal information from website visitors that may or may not be used in conjunction with our website information. Prior to supplying personal information to any third-party company linking to our website, please read and understand their privacy policies.
Outside The United States Consent To Processing And Transfer Of Information
If you access CYBER DIVE’s website or mobile application, or use one of our devices outside of the United States, you fully understand and unambiguously consent to the transfer of your personal data to, and the collection and processing of such personal data in the United States. The recipients of the personal data disclosures described in the "When We Share Your Personal Data with Third Parties" section above may be located in the United States or elsewhere in the world. Privacy laws in these countries may not provide protections equivalent to those of your country of residence, and your government may or may not deem such protections adequate.
Policy Regarding Information Obtained from Children
CYBER DIVE’s Services are not structured to attract children under the age of 13. CYBER DIVE does not knowingly, directly, or passively collect information from children under the age of 18 without explicit authorization from the parent or legal guardian. Ordering online products and services from CYBER DIVE is limited to adults (ages 18+). Of course, wireless devices and services purchased for family use may be used by minors without the knowledge of CYBER DIVE. If that happens, any information collected from the usage will appear to be the personal information of the actual adult subscriber and treated as such under this Policy.
Our website offers publicly accessible blogs. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. You should not provide personally identifiable information in any publicly accessible blog.
To request removal of your personal information from our blogs contact us at email@example.com, and we will do our best to comply with the request. 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.
We allow you to refer your friends and contacts to CYBER DIVE. If you choose to utilize these features, we’ll use and store the information provided only for purposes of sending the invitation emails or notifications you have requested. If you utilize these features, the friends or contacts that you refer may contact us at the contact information listed below to request that we delete their personal data.
If you purchase a gift, we will ask you for the recipient’s name, and mailing address in order to ship product to the individual. CYBER DIVE does not retain the recipient’s information or use it for any other purpose.
Social Media Features
Occasionally, we may conduct surveys on our website. Surveys are conducted at random and are completely voluntary to our website visitors. The survey may require a customer to provide personal information in exchange for the information or services provided by the survey. We may use this information in an aggregate manner to better tailor the types of services, information, and advertising that are provided on our website.
The CYBER DIVE app may send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you do not wish to receive these types of communications, you may turn them off at the device level.
You may opt-out of location-based services at any time by editing the location services setting at the device level.
How Customers And Visitors Can Access And Update Personal Information
You can verify your account and manage your personal information by logging into your CYBER DIVE portal or by contacting Customer Service. To manage your personal account online, log into the CYBER DIVE portal and select the Settings link (Gear Icon in the bottom navigation). Delete or change your personal information from the form and select “Submit."
If you do not remember or are unable to use your information to log into the CYBER DIVE portal, please contact a customer care representative by emailing firstname.lastname@example.org. All requests for changes or deletion of account information require account verification by answering security questions.
In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information to continue providing a service.
Data Subject Rights And Your Choices
Cyber Dive Account Review.
You may access, review, correct, and delete certain of your personal data by logging into your Cyber Dive Account.
All analytics services used on the Cyber Dive Service are anonymized.
Your Legal Rights.
Individuals in the European Union and other jurisdictions outside the United States, and residents of designated U.S. states have certain legal rights to request that we:
• confirm whether we hold personal data about them,
• provide access to personal data we hold about them (including, in some cases, in portable form),
• update, amend and/or correct personal data we hold;
• delete certain personal data in appropriate circumstances; and/or transfer personal data to a third-party provider of services.
To exercise any of the above rights (or any other rights under applicable law), please contact us via email@example.com. In addition to the rights above, residents of the European Economic Area also have the right to lodge a complaint with your relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.
You can opt out of receiving marketing emails by following the unsubscribe instructions included in each email. Please note you may not opt out of certain transactional emails, such as when we email you to address account issues or communicate about customer support.
From time to time, we use push notifications in our mobile applications to send you messages about CYBER DIVE or your Cyber Dive Account. You may opt out from receiving push notifications through your device settings.
California "Do Not Track" Notice
FOR CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
The California Consumer Privacy Act (CCPA), enacted in 2018, creates new consumer rights relating to the access to, deletion of, and sharing of personal information that is collected by businesses. We do not sell your personal information. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our Supplemental Privacy Notice for California Residents below.
FOR NEVADA RESIDENTS: YOUR NEVADA PRIVACY RIGHTS
Nevada consumers have a right to submit a request to opt-out of sale of personal information, referred to under the Nevada Privacy Law as “covered information.” Upon receipt of a verified request, both as to the submission and the identity of the consumer, CYBER DIVE will ensure that no covered information, as defined under the Nevada Privacy Law, is sold. CYBER DIVE will further notify the customer within 60 days after receipt that the request has been processed. At this time, Nevada residents can only submit this request by firstname.lastname@example.org.
How to Contact Us
You may contact us at email@example.com, or also by sending a letter to the following address:
Director of Privacy
4140 E. Baseline Rd. #101
Mesa, AZ 85206
SUPPLEMENTAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
A real name, postal address, unique personal identifier, online identifiers, Internet Protocol addresses, email addresses, account name, or other similar identifiers. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, address, telephone number, education, employment, employment history, credit card number, debit card number, or any other methods of payment for our products, or medical information. Some personal information included in this category may overlap with other categories. Protected classification characteristics under California or federal law. Age (40 years or older), medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), veteran or military status.
These categories are ONLY collected in very limited circumstances where the consumer voluntarily and knowingly provided the information.
Records of products or services purchased, obtained, or considered.
Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Physical location or movements.
Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal information does not include de-identified or aggregated consumer information.
Sources of Personal Information Collected.
We obtain the categories of personal information listed above from the following categories of sources: directly from you, such as when you complete forms, indirectly from you, such as observing your actions on our website, and from publicly available sources.
Disclosures for a Business or Commercial Purpose.
In the preceding 12 months, Cyber Dive has disclosed the types of personal information listed above to its service providers for business purposes.
No Sale of Personal Information.
In the preceding 12 months, we have not sold any personal information.
“Do Not Sell” Rights
We may disclose your personal information for the following purposes, which are not a sale: (i) if you direct us to share personal information; (ii) to comply with your requests under the CCPA; (iii) as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.
YOUR CCPA RIGHTS
You may request access to the personal information that we have collected and maintained about you (along with information regarding its use and disclosure) over the past twelve (12) months upon appropriate verification. You may only make such requests twice (2) per every twelve (12) months.
You have the right to request that we delete personal information collected and maintained about you, subject to certain exceptions. Once your request is verified and we have determined that we are required to delete that information in accordance with applicable law, we will delete your personal information accordingly. Your request to delete your personal information may be denied if it is necessary for us to retain your information under one or more of the exceptions listed in the CCPA. Please note that a record of your deletion request may be kept pursuant to our legal obligations. NOTE: If you request a deletion, if you have an active account your request will remain pending until you close or delete your account.
Exercising Your Rights
To exercise the access and deletion rights described above, please submit a request to us by either:
Emailing us at firstname.lastname@example.org
Calling us at +1 888-669-6071.
If you choose to exercise any of these rights, we will not deny goods or services to you or provide different quality of services.
Verifying Your Request
Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. In the case of access and deletion, your request must be verifiable before we can fulfill such request.
Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or a person authorized to act on your behalf (e.g., previous transactions of person to whom request relates).
We will only use the personal information that you have provided in a verifiable request in order to verify your request. As stated above, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority.
Please note that we may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive, or manifestly unfounded.
Your California Privacy Rights under the "Shine the Light" Law
Pursuant to Section 1798.83 of the California Civil Code (a separate law from the CCPA), residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact us at email@example.com.
California Legal Notice
Do Not Sell My Personal Information
Do Not Track
We currently do not respond to any Do Not Track signals or similar signals.
If you have any questions regarding our privacy practices as it relates to this CCPA Policy, please contact us at:
4140 E Baseline Rd. #101
Mesa, AZ 85206
firstname.lastname@example.org with the subject line, "CCPA Policy."