Terms and Conditions and Data Privacy Policy of Turtle & Ray Productions

The terms and conditions and data privacy policy is issued by Turtle & Ray Productions N.V. with trade name Turtle & Ray (hereby T&R) and is addressed to individuals with whom we interact, including individual customers, dive centers, production companies, vendors, employees and other recipients of our services (together, “you”).

This policy describes our terms and conditions and how we collect, hold, use and disclose personal information that you provide, is provided on your behalf or is collected by us. We are subject to the privacy and data protection laws that may be applicable in Curaçao. This policy should not be viewed as a supplement to such local privacy laws and will not vary or diminish our obligations under the applicable local privacy laws. To the extent this policy conflicts with any provisions of local privacy laws, such local privacy laws will take precedence over this policy.

This policy may be amended or updated at our discretion from time to time to reflect changes in our practices incl. with respect to the processing of personal data, or any changes in applicable law.

Please be aware that the original English version may have been translated into other languages. The only accepted legal version remains the original English version; and not the web-translated version(s).

  1. Your consent
    By using our site and products & services, as well as employment opportunities, you fully consent to our terms and conditions and data privacy policy. You have the right to consent to the use of your images on commercial platforms.

  2. Purchase Orders
    All purchase orders will be confirmed upon paying in full (see no. 5 for payment options). Bank transfer costs for payments are for the sender. The contents of each purchase order will be agreed upon directly between the customer and T&R representative, or an intermediary in direct contact with T&R management.

  3. Refunds
    Any purchase order fulfilled and delivered to the customer will not be entitled to any refund, under any circumstance. Any cancellation of a purchase order before delivery of package contents may incur up to a 50% fee on the total cost. Customers may be entitled to a 100% refund in the sole event that the content is lost or damaged and therefore unable to be delivered.

  4. Electronic Waiver
    All customers must fill out and sign an electronic waiver including their full name, email address, package option, total amount to be paid, and consent for use of images for marketing purposes. In the event that the purchase order is completed online, a T&R staff member may complete the waiver on behalf of the customer. This document will be shared digitally with the customer, T&R, and associated dive center, if any, with regard to the corresponding experience. Should you and/or your group not have received a digital copy of waiver, kindly contact     turtleandray@gmail.com.

  5. Payment options
    We accept American Dollars, Netherlands Antillean Guilders, Debit and Credit Cards.

  6. Personal data
    The categories of personal data about you that we may process, subject to applicable law, are as follows:

  • Personal details: name(s); photos; images.

    1. Contact details: email address; telephone number; local accommodation details.

    2. Financial details: company name; billing address; bank account numbers; credit card numbers; cardholder or accountholder name and details.

    3. Electronic identifying data: IP addresses; cookies; activity logs; online identifiers; unique device identifiers; and geolocation data.

  1. Collection of personal data
    We collect or obtain personal data about you from a variety of sources as follows:

  • Directly from you; or

    1. Via a third party service provider i.e. booking agent, intermediary; or

    2. When you visit our website or use any features or resources available on or through our website. When you visit our website, your device and browser may automatically disclose certain information i.e. via cookies (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site and other technical communications information), some of which may constitute personal data; or

    3. When you complete and submit our electronic waiver; or

    4. Via one of our staff; or

    5. Via other guests participating in activities; or

    6. Cookies – a cookie is a small file that is placed on your device when you visit a website (including our website). It records information about your device, your browser and, in some cases, your preferences and browsing habits. We may process your personal data through cookie technology.

  1. The legal basis for processing your personal data
    We seek to collect or otherwise process your personal data, for the following legal basis:

  • The processing is necessary for compliance with a legal obligation under a contract with you;

    1. We have, in accordance with applicable law, obtained your explicit consent prior to processing your personal data (as above, this legal basis is only used in relation to processing that is entirely voluntary – it is not used for processing that is in any way necessary or obligatory); or

    2. Processing is necessary for reasons of substantial public interest and occurs the basis of an applicable law that is proportionate to the aim pursued and provides for suitable and specific measures to safeguard your fundamental rights and interests.

  1. Purposes for which we may process your personal data
    The purposes for which we may process personal data are:

  • Providing you with information or assistance that you request from us;

    1. Providing you with the services requested;

    2. Notifying you about changes to our services;

    3. Utilizing images for marketing or social media purposes, when consented upon;

    4. Complying with our legal and regulatory requirements (incl. as employer).

  1. Disclosure of personal data to third parties
    We will not intentionally disclose or transfer (and will take reasonable steps to prevent the unauthorized or accidental disclosure of) your personal data to third parties without your consent. As long as those parties agree to keep this information confidential, we may disclose your personal data, to:

  • Accountants, auditors, financial advisors, lawyers and other outside professional advisors;

    1. Trusted third party processors, who assist with operating the website; with payment services providers incl. PagaDirect and its affiliates and/or service providers; with electronic waiver service providers incl. Electronic Works LLC (waiverelectronic.com) and its affiliates and/or service providers; etc.

We may also disclose your information with the third party operation corresponding to your experience, only as consented upon by you, the customer.

We may also disclose your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

  1. Data security
    We have implemented appropriate technical and organizational security measures designed to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of processing, in accordance with applicable law.

  2. Retention of your personal data
    We will retain your personal data in accordance with our data retention policy.

  3. Rights to access, rectification, erasure, restriction of processing
    Subject to applicable law, you may have the right on legitimate grounds to request access, rectification, erasure, and/or restriction of processing to your personal data.

  4. Disclaimer website
    The data contained in this website     www.turtleandray.comis intended to provide general information to the public incl. you. Reasonable skill and care has been used in producing the website and keeping the data updated. However, we do not guarantee that all data on the website is accurate, complete or up-to-date. We accept no responsibility or liability for any errors, omissions, or inaccuracies, in the information provided, nor for any loss, damage, injury or expense, suffered or incurred as a result of reliance on the information on this website. The data on the website does not constitute legal advice nor is intended to address the specific circumstances of any particular legal or natural person.

This website may be amended or updated at our discretion from time to time without notice in order to provide accurate content. If you find a mistake or something that should not be there, please contact turtleandray@gmail.com.

This website www.turtleandray.com and any content contained herein may not be copied, modified, transmitted, distributed, sold, displayed, licensed, or reproduced in any way by you without our express written permission.

  1. Jurisdiction
    All agreements and legal relationship with you, is under the Curaçao law. Venue for any and all disputes that may arise between you and Turtle & Ray Productions will be submitted to a court of competent jurisdiction in Willemstad, Curaçao.

  2. Contact details
    If you have any comments, questions or concerns including about our processing of personal data, please contact     turtleandray@gmail.com. Turtle & Ray Productions N.V. with trade name Turtle & Ray Productions can be reached on +5999 5102701.