PRIVACY POLICY IN TERMS OF THE GENERAL DATA PROTECTION REGULATIONS (“GDPR”)

This policy sets out the Privacy Policy for “Underwater Africa Foundation”. The protection of personal data is essential to the management of Underwater Africa Foundation, and we have determined that the Underwater Africa Foundation group is a “data controller” for the purposes of the General Data Protection Regulation (“GDPR”). Our website may be used without disclosing any personal data however if a potential customer (a “data subject”) wants to make use of services via our website, the processing of their personal data may be necessary. We generally will obtain the consent for such processing where the is no legal or statutory basis for such data processing.

The processing of personal data, which may include the data subject’s name, address, email address, or telephone number, or other information required for travel or visa regulations, such processing shall always be in line with the General Data Protection Regulation (“GDPR”), and following the country-specific data protection regulations applicable to Underwater Africa Foundation. In this Privacy Policy, Underwater Africa Foundation would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process, and to inform data subjects of the rights to which they are entitled and how any enquiries in this regard may be directed.

This privacy policy applies to all employees, job applicants, workers and sub-contractors and all customers, potential customers, as well as general users of our Underwater Africa Foundation group websites.

As the Data Controller, Underwater Africa Foundation has implemented numerous technical and organisational measures to ensure the complete protection of personal data processed through this website. It needs to be noted; however, that internet-based data transmissions may have security gaps inherent in the technology, so we cannot guarantee absolute data protection. As a result of this, every data subject is, therefore, free to transfer personal data to Underwater Africa Foundation via alternative means, e.g. by telephone, fax or mail etc.

Definitions

The Privacy Policy of Underwater Africa Foundation is based on the terms used by the European Union legislator for the adoption of the GDPR. Our Privacy Policy should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, the following terms and definitions that we use are explained below.

In this Privacy Policy, we use, inter alia, the following terms:

1. a) Personal data: means any information relating to an identified or identifiable natural person (see Data Subject below). An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. b) Data subject: any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
3. c) Processing: any operation or set of services which is performed on personal data or sets of personal data, whether by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
4. d) Restriction of processing: the marking of stored personal data to limit their processing in the future.
5. e) Profiling: means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyse or predict issues concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
6. f) Pseudonymisation: the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
7. g) Controller or controller responsible for the processing: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
8. h) Processor: a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
9. i) Recipient: a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of an enquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

• j) Third-party: a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
• k) Consent:Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by an explicit affirmative action, signifies agreement to the processing of personal data relating to him or her.

The Data Protection Officer

The Data Protection Officer of the controller is:

Mr Graeme Warrack

Underwater Africa Foundation

Address: No.1 Tofo bay Inhambane Province Inhambane Mozambique 1300

Telephone: +27 71 205 9767 / +293 29007

Email: admin@beb.cfv.mybluehost.me

Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.

Collection of Data

Underwater Africa Foundation’s website collects a series of general data and information when a data subject or automated system calls up the website. This public data and information are stored in the server log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the site, (6) an Internet protocol address, (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, Underwater Africa Foundation does not draw any conclusions about the data subject. Instead, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Underwater Africa Foundation, therefore, analyses anonymously collected data and information statistically, to increase the data protection and data security of our company, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

Routine Erasure and Blocking

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators of laws or regulations to which Underwater Africa Foundation is subject to.

In respect of our data subjects who are Volunteer Tourists, it is Underwater Africa Foundation’s policy to erase non-statutory personal data six months after the date of departure of these customers, and only to retain statutory data which we have to retain for statutory compliance with, for example, taxation, or local or cross border banking regulations etc.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased following legal requirements.

Rights of the Data Subject

1. a) Right of confirmation:

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.

1. b) Right of access:

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

1. The purposes of the processing.
2. The categories of personal data concerned.
3. The recipients or categories of recipients to whom the personal data have been or will be disclosed, recipients in third countries or international organisations.
4. Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period.
5. The existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing.
6. The existence of the right to lodge a complaint with a supervisory authority.
7. Where the personal data are not collected from the data subject, any available information as to their source.
8. The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.

1. c) Right to rectification:

Each data subject shall have the right granted by the European legislator to obtain from the controller, without undue delay, the rectification of inaccurate personal data concerning him or her. Considering the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including utilising providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of AFRICAN IMPACT.

1. d) Right to erasure (Right to be forgotten):

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have an obligation to erase personal data without undue delay where one of the following grounds applies if the processing is not necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the reasons above applies, and a data subject wishes to request the erasure of personal data stored Underwater Africa Foundation, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Underwater Africa Foundation or another employee shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of Underwater Africa Foundation or another employee will arrange the necessary measures in individual cases.

1. e) Right of restriction of processing:

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead of the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing according to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the conditions above is met, and a data subject wishes to request the restriction of the processing of personal data stored by Underwater Africa Foundation, he or she may at any time contact our Data Protection Officer or another employee of Underwater Africa Foundation. The Data Protection Officer of Underwater Africa Foundation or another employee will arrange the restriction of the processing.

1. f) Right to data portability:

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent according to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract according to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability according to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by Underwater Africa Foundation or another employee.

1. g) Right to object:

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profilling based on these provisions.

Underwater Africa Foundation shall no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If Underwater Africa Foundation processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Underwater Africa Foundation to the processing for direct marketing purposes, Underwater Africa Foundation will no longer process the personal data for these purposes.

Besides, the data subject has the right, on grounds relating to his or her situation, to object to the processing of personal data concerning him or her by Underwater Africa Foundation for scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject may directly contact the Data Protection Officer of Underwater Africa Foundation or another employee. Besides, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

1. h) Automated individual decision-making, including profiling:

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, if the decision:

(1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision:

(1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Underwater Africa Foundation shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Data Protection Officer of Underwater Africa Foundation or another employee of the controller.

1. i) Right to withdraw consent:

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our Data Protection Officer of Underwater Africa Foundation or another employee of the controller.

Data Protection for Job Applications

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case if an applicant submits corresponding application documents by email or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased one year after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure.

Legal Basis for Processing

Consent basis

Art. 6(1)(a) of the GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose.

Contractual Basis

If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are required for the supply of goods or to provide any other service, the processing is based on Article 6(1)(b) of the GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example, in the case of inquiries concerning our products or services.

Legal Obligation Basis

If our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1)(c) of the GDPR.

Vital Interests Basis

In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a person were injured on our premises and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or another third party:  the processing would be based on Art. 6(1)(d) of the GDPR.

Legitimate Interests Basis

Finally, processing operations could be based on Article 6(1)(f) of the GDPR. This legal basis is used for processing operations which are not covered by any of the legal grounds above, if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. The European legislator considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 of the GDPR).

Legitimate Interests

Where the processing of personal data is based on Article 6(1) lit, f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.

Storage Period

The measures used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, if it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

Provision of Personal Data

The provision of personal data may be required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer will clarify to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

Transfers of Personal Data to a Third-Party Country

The data processor will not process personal data in any country, territory or specified sector within that country outside of the European Economic Area (“third party country“) that is not recognised by the European Commission as ensuring an adequate level of protection and/or have personal data processed in any third party country (including by a sub-processor), including for onward transfers of personal data from a third-party country to another third party country, in any manner whatsoever, without specific prior written approval.

The data processor will not host and/or subcontract the hosting of personal data in a third-party country without consent.

Where such specific prior written approval has been granted, the data processor shall:

• execute, with the data controller, the standard contractual clauses for the transfer of personal data between data controllers and processors as set out in the European Commission decision of February 5, 2010 (C (2010) 593) (“Standard Contractual Clauses”); the Standard Contractual Clauses incorporated into by reference form part of this Agreement; the processor shall comply with the data importer’s obligations set out in the Standard Contractual Clauses and the data controller will comply with the data exporter’s obligations as laid down in the said Standard Contractual Clauses; or
• if previously and expressly agreed in writing with the data controller, implement alternative means to the Standard Contractual Clauses to ensure an adequate level of protection of personal data for the purpose of applicable data protection law.
• Warrant that any duly authorised sub-processor processing personal data in any third-party country shall comply with the same obligations as set forth in articles a) or b) hereabove; the data processor shall justify that its duly authorised sub-processors comply with the said same obligations upon controller’s first request.

The data processor shall provide an exhaustive and accurate list of the third-party countries at stake.

Automated Decision-making

Underwater Africa Foundation does not make use of automatic decision-making or profiling.