Last updated: August 23, 2005

Scubamart.com knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting Scubamart.com, you are accepting the practices described in this Privacy Notice.

ScubaMart.com is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build user’s trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the site ScubaMart.com. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first contact Ryan Koonce at info@scubamart.com . If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily address, you should contact TRUSTe at TRUSTe WATCHDOG LINK. TRUSTe will then serve as a liaison with us to resolve your concerns.

What Personal Information About Customers Does Scubamart.com Gather?

The information we learn from customers helps us personalize and continually improve your shopping experience at Scubamart.com. Here are the types of information we gather.

• Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.

• Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses Scubamart.com. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at Scubamart.com if we cannot recognize you, we want you to be aware that these tools exist.

• E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Scubamart.com if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences in Your Account.

• Information from Other Sources: We might receive information about you from other sources and add it to our account information.

What About Cookies?

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide storage of items in your Shopping Cart between visits.

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of Scubamart.com's best features, and we recommend that you leave them turned on.

We do/do not link the information we store in cookies to any personally identifiable information you submit while on our site.

Does Scubamart.com Share the Information It Receives?

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries Scuba Holdings, LLC (Scubamart.com's parent company) controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

• Agents: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

• Promotional Offers: Sometimes we send offers to selected groups of Scubamart.com customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust your Customer Communication Preferences in Your Account.

• Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Scubamart.com, Inc., or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

• Protection of Scubamart.com and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Scubamart.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.

• With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

Choice/Opt-out

We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at info@scubamart.com. We also offer an opportunity to opt-out of certain communications on your Account page, or you may contact us at 800-49-SCUBA to opt-out.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Access to Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on our Account information page or by emailing our Customer Support at info@scubamart.com or by contacting us by telephone or postal mail at the contact information listed below.

How Secure Is Information About Me?

The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link http://www.verisign.com/products-services/security-services/ssl/ssl-information-center/faq/index.html.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can send email us at info@scubamart.com

• We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

• We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

• It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

Which Information Can I Access?

Scubamart.com gives you access to a broad range of information about your account and your interactions with Scubamart.com for the limited purpose of viewing and, in certain cases, updating that information. All this information can be accessed via Your Account.

What Choices Do I Have?

• As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such Scubamart.com features.

• You can add or update certain information on pages such as those listed in the "Which Information Can I Access?" section above. When you update information, we may keep a copy of the prior version for our records.

• If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences in Your Account. (If you do not want to receive Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of Scubamart.com, and it is your responsibility to review them for changes.)

• The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, you will not be able to use important features if you do not use cookies. The Federal Trade Commission provides useful information about online privacy on its own Web site, Site Seeing on the Internet.

Children

Scubamart.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Scubamart.com only with the involvement of a parent or guardian.

Conditions of Use, Notices, and Revisions

If you choose to visit Scubamart.com, your visit and any dispute over privacy is subject to this Notice and our Terms and Conditions, including limitations on damages, arbitration of disputes, and application of the law of the state of California . If you have any concern about privacy at Scubamart.com, please contact us with a thorough description, and we will try to resolve it.

Our business changes constantly, and our Privacy Notice and the Terms and Conditions will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Information You Give Us

You provide most such information when you search, buy, post (if applicable), participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; place an order through Scubamart.com; provide information in Your Account (and you might have more than one if you have used more than one e-mail address when shopping with us); communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; compile Wish Lists or other gift registries; provide employer information when opening a corporate account; provide and rate Reviews; and employ other Personal Notification Services. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; e-mail addresses of other people; content of reviews and e-mails to us; personal description and photograph and financial information, including Social Security and driver's license numbers.

Automatic Information

Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type and version, operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers to create features; the full Uniform Resource Locator (URL) clickstream to, through, and from our Web site, including date and time; cookie number; products you viewed or searched for; and the phone number you used to call our 800 number. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

Information from Other Sources

Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information, or for which we provide technical, fulfillment, advertising, or other services; search term and search result information from some searches conducted through the Web search features; search results and links, including paid listings (such as Sponsored Links from Google); and credit history information from credit bureaus, which we may use to help prevent and detect fraud and to offer certain credit or financial services to some customers.

Information You Can Access

Examples of information you can access easily at Scubamart.com include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password, communications preferences); payment settings; e-mail notification settings; shopping lists and gift registries; and your Your Account area.

Mailing Address:

3765 Redwood Highway
San Rafael , CA 94903
800-49-SCUBA

Privacy Notice © 1993-2005, Scubamart.com