Terms of use

By accessing Skaphandrus.com, the user declares having read, understood and accepted the Terms of use hereby described and not requiring an express agreement at a posterior date.

1. Site content and intellectual property

“Site content” implies all the information present in this site, including marks, drawings, logos, texts, images, photos, illustrations, audio or video clips, webdesign and software. The intellectual property rights of all the contents at the Skaphandrus.com website which are not supplied for external sources and identified as such are property of Skaphandrus and are protected under the general legal rights of national and international law of intelectual property protection, author’s rights and related rights, and also the cybercrime law. This site also includes texts, illustrations and photographs which cannot be copied, altered or distributed except with explicit consent of the respective authors. Skaphandrus and/or its directors and workers waive of any responsibility of the usurpation or illicit use of the above mentioned elements. Copy, alteration, reproduction, exhibition, broadcast, distribution, transmission or use of the licensed and identified contents by any means and for any purpose without previous explicit consent of Skaphandrus or its authors is explicitly prohibited. Skaphandrus reserves the right to legally engage against the authors of any unauthorized copy, reproduction, broadcast and commercial exploration or any other illicit use of the site contents and rejects any responsibility for any illicit use of the site by third parties.

1.1. Content submitted or made available for inclusion on the site Skaphandrus does not claim ownership of Content its users submit or make available for inclusion on the Service. However, with respect to Content its users submit or make available for inclusion on publicly accessible areas of the Service, the users grant Skaphandrus the following worldwide, royalty-free, transferable and non-exclusive license(s), as applicable:

(a) With respect to Content the users submit or make available for inclusion on publicly accessible areas of Skaphandrus, the license to use, distribute, reproduce, modify, adapt, publish, broadcast, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Skaphandrus section to which such Content was submitted or made available, including illustrating species content in allied services such as Ocean Life ID. This license exists only for as long as the user elects to continue to include such Content on the Service and will terminate at the time the user removes or Skaphandrus removes such Content from the Service.

(b) With respect to photos, graphics, audio or video the users submit or make available for inclusion on publicly accessible areas of the Service other than Skaphandrus, the license to use, distribute, reproduce, modify, publish, broadcast, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as the user elects to continue to include such Content on the Service and will terminate at the time the user removes or Skaphandrus removes such Content from the Service.

(c) With respect to Content other than photos, graphics, audio or video the user submits or makes available for inclusion on publicly accessible areas of the Service other than Skaphandrus, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, broadcast, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

(d) "Publicly accessible" areas of the Service are those areas of the Skaphandrus network of properties that are intended by Skaphandrus to be available to the general public. By way of example, publicly accessible areas of the Service would include Skaphandrus.com and portions of Ocean Life ID that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Skaphandrus that are limited to members, Skaphandrus services intended for private communication such as the internal Messenger feature, or areas off of the Skaphandrus network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Skaphandrus.

(e) The user acknowledges that by transmitting or making available Content through the Service, he or she is assuming the risk that others may reproduce or otherwise make use of the Content. The user agrees not to hold Skaphandrus liable for any third-party reproduction or use made of such Content, whether or not the user has consented to such reproduction or use.

2. Security

Notwithstanding the commitment to confidentiality of personal data by Skaphandrus and the applications of security measures against unauthorized third party intrusions, the users of Skaphandrus.com declare knowledge of the characteristics, constraints, limitations and risks of the Internet namely that data and information transmission over the Internet, which circulates in heterogeneous networks with distinct specifications, have limited technical reliability. These constraints can affect and disrupt the access during certain periods. The users recognise and accept the risks any website is subject to of intromission by unauthorized third parties which can subsequently become disrupted, and also that the information circulating over the Internet is not protected against possible viruses, redirections (free access) and than any person is susceptible to create a link accessing the website and/or to elements therein contained. Skaphandrus and/or its directors and workers cannot in any case be liable for accidental or voluntary damage to the users caused or not by third parties within the scope of the use of services provided by the website or by other sites on the Internet accessed to which they accessed through it. Skaphandrus and/or its directors and workers decline any responsibility for any damage caused by the use of its services including virus contamination. Notwithstanding its policy of privacy (which should be considered as an obligation of means) concerning the usage of personal data, Skaphandrus alerts its users to the risks inherent to the Internet and data bases, and that it is possible that personal information in the portal is captured and/or transferred by third parties, namely in countries where the personal data protection systems are incipient and where the protection offered is scarce or ineffective. By accessing this site the users agree on taking those risks involved in their activities of Internet browsing, namely the eventual risk of transferring unencrypted data.

3. Contents and responsibility

The information contained in this website was included in good faith and serves the purpose of directly inform its users who have the sole responsibility for its usage.

Skaphandrus complies to the personal data protection rules but reserves the right to change, correct, suspend, disrupt or close the site whenever it find appropriate without the need for previous warnings and for as long as it finds suitable for any technical, administrative or other reasons, thus declining any responsibility should such events arise.

Skaphandrus and/or its directors and workers waive of any responsibility and cannot be found responsible for existing links from its contents or services to third party websites. These links are only provided for the convenience of its users. Skaphandrus and or its directors and workers are not responsible for the content of the aforementioned third party sites and users accessing such sites do it at their own risk and responsibility.

Skaphandrus and/or its directors and workers waive of any responsibility for the privacy policies of third party websites and the eventually existing links do not imply the acceptance of the respective contents not an association with their partners and owners by Skaphandrus.

Skaphandrus may update the terms of use and the privacy policy according to changes and developments in technological and legal areas.

Skaphandrus and/or its directors and workers do not assume responsibility or obligation for any transmitted action or content by the user or with any third parties in or outside of the site and although keeping attention on editorial content it does not nor cannot control all messages.

Skaphandrus and/or its directors and workers do not assume responsibility nor can be held responsible for the truthfulness and accuracy of of the data and content directly placed by the user for which he or she should hold entire responsibility.

The user agrees on not transmitting to the site any illicit, insultuous, racist, discriminatory, accusatory, defamatory, offensive, obscene, scandalous or pornographic or any other content which can constitute or encourage violence or illicit acts and Skaphandrus reserves the right to remove any message with such content.

The user also commits not to engage in any operations which can affect the functionality of public areas of the site or access an area or account and respective contents without the respective authorization, test, evaluate or break the vulnerabilities of the installed security measures, install or attempt to install viruses or programs which damage and/or contaminate, trigger denial of service (DOS) attacks or advise third parties to do so.

The user agrees on not adding advertisement messages (except on those cases explicitly authorized by Skaphandrus, in which case the user is obliged to follow the applicable law, namely the Code of Advertising) or for personal promotion. The use of the site for illegal purposes or any other purposes which can be considered as damaging to the reputation of Skaphandrus is explicitly prohibited.

The disrespect for ethical rules and proper conduct imply the removal of the user of the above mentioned services and usurpation, counterfeiting, misuse of illicitly obtained or counterfeit content, illegitimate identification and unfair competition will be prosecuted to the extent of the applicable law.

Skaphandrus will cooperate with any legitimate and competent authorities for the application of the law and judicial decisions which solicits or demands the identification or help on the identification or location of someone transmitting illicit content.

The user will be held responsible for complying to these Terms of Use according to the applicable law and penalty. Following received information or external reports Skaphandrus will verify the compliance of any user submitted content and determine its removal.

The user of this site agrees to defend, compensate and exempt of any responsibility the directors and/or workers of Skaphandrus against any claim or demand presented by third parties and also any obligations, damage, costs and associated expenses (including but not limited to reasonable lawyer fees) which may be applied as consequence and/or related to the use of this site by the user, contents transmitted to the site by the user, third party rights infringements by the user and/or non-compliance by the user to these Terms of Use.

4. Jurisdiction

The Terms of Use and Privacy Policy are ruled and interpreted according to the Portuguese law. The user accepts irrevocably the jurisdiction of the Portuguese courts to settle any conflicts arising and/or related with these Terms of Use and the Privacy Policy and/or the usage of this site.

Privacy policy

The information collected by Skaphandrus.com from its users is done according to its Privacy Policy so that adequate care is taken on handling personal information namely which information is collected, how it is used and with whom it is shared.

Collected information

Skaphandrus.com collects and stores users’ personal information with the objective of providing a personal and customized service. When users register on Skaphandrus.com, their usernames and email addresses are stored, along with other information.

Use of information

Any information supplied by the user will be handled according to the Portuguese law of Personal Data Protection (“Protecção de Dados Pessoais”). The stored information will be used to establish a communication channel with the user through which one can send institutional information, newsletters and marketing operations according to the user’s personal interests. The user can cancel such communication at any time.

Sharing of information

The collected information will be used exclusively by Skaphandrus.com and its companies and Skaphandrus certifies the information is not conceeded to third parties.

1. Confidentiality and registry

Skaphandrus is committed on protecting the privacy of its site users and only collects personal information which are voluntarily provided and used exclusively for the purposes they’re destined to. The personal data collected through the Skaphandrus.com website are automatically processed by Skaphandrus and have the purpose of managing their registration, preferences and requests. These elements are integrated in a database registered with the National Commission on Data Protection (“Comissão Nacional de Protecção de Dados CNPD”), process # 1033/2016, its processing is authomated, organized and mantained directly by Skaphandrus.com according to the Portuguese law 67/98 of the 26th of October. The collection and treatment of personal data has the purpose of: personal registry for website management, activating services and participating in contents such as forums, comments, votings and assitional marketing actions by Skaphandrus; Processing subscriptions; access the Ocean Life ID species identification services.

Users ynder 18 years old should obtain permission from their parents, tutors or legal guardians before providing personal data on the website.

2. Corrections or cancelling subscriptions

Under the applicable law, the user has the right to access, rectify and oppose under the specific conditions for collecting or processing data, which can be exercised by letter sent to the Systems Administrator, EDET – Espaço para o Desenvolvimento Empresarial e Tecnológico, Gabinete 4, Rua dos Mercadores, nº63, 9500-092 Ponta Delgada, São Miguel - Açores, Portugal or by email email with reading receipt to support@skaphandrus.com. The collected personal data can also be corrected by the user him or herself directly on the website and using his or her personal permissions. Any user can freely opt to provide, or not, any personal individual information. Under these terms, in case the user wishes not to receive communications from or on behalf of Skaphandrus.com, even after providing his or her data, he or she should alter his or her specific authorizations on the respective websites and registration records or address by writing to the Systems Administrator, EDET – Espaço para o Desenvolvimento Empresarial e Tecnológico, Gabinete 4, Rua dos Mercadores, nº63, 9500-092 Ponta Delgada, São Miguel - Açores, Portugal, or by email with reception confirmation to support@skaphandrus.com.

3. Security and use of information

a) Skaphandrus.com assures that adequate measures to protect and organize personal data against drestruction, change and/or accidental or illicit unauthorized broadcast, as far as it is possible in websites such as this. Any attempt to violate the database of the website will result in penal action and prosecution as provided by the Portuguese law regarding data bases and can result in criminal and civil responsibilities.

b) By using the Facebook app, the user will acknowledge and agree with the terms and conditions of this application as described in: https://www.facebook.com/legal/copyright.php

4. Keeping personal information

After collecting individual personal information voluntarily supplied by the user, Skaphandrus will keep and maintain it for as long as needed for its processing under the terms communicated to CNPD until instructed otherwise or until law demands its elimination. Keeping such information will allow Skaphandrus to proceed with providing personalized serviced without interruption unless expressedly communicated by the user.

5. Cookies

Skaphandrus.com uses cookies on its websites to improve performance and user experience. Below you will find how it is done.

What are cookies?

Cookies are small text files a website places on users’ computers and mobile devices through their browser when they visit the websites. Placing cookies will help the website recognising the users’ devices on their next visit. We use the term cookies in these Terms and Conditions to refer all files which collect information in this manner. The used cookies do not collect information which identifies the user. The cookies collect generic information such as the way the users access the websites or the area of the country through which the access the website, etc. The cookies only retain information related to the user’s preferences. At any moment, the users can use their browser’s preferences receive notifications about receiving cookies or block their reception on their systems. Refusing to use cookies from the website can result on unavailability of some areas or receiving personalized information.

What are cookies used for?

Cookies are used to determine the usefulness, interest and the number of usages of the wensite, thus allowing a faster and more efficient browsing and eliminating the need to repeatedly introducing the same informations.

What types of cookies do we use?

Our cookies have different usages:

- Essential cookies - Some cookies are essential to access specific areas of our websites. They allow website browsing and using its applications and also accessing secure areas through login. Without these cookies, the services hosted by Skaphandrus are not provided.

- Analytical cookies - We use these cookies to analyse the way users use the website and monitor its performance. This allows to provide a high quality experience by customizing our offer and quickly diagnosing and correcting any problems which may arise. For instance, we use performance cookies to know which pages are more popular, which is the most effective way to connect between them or why some pages may be getting error messages. Based on the website’s usage we can also use those cookies to provide highlights to services which we find mind interest the user. These cookies are used solely for statistical purposes and do not collect personal information.

- Functionality cookies - We use functionality cookies to remember user’s preferences. For instance, cookies allow the user to type the username and password whenever they access the website. We also use functionality cookies to provide advanced services to the user such as making comments to an image. To summarize, functionality cookies keep the user’s preferences regarding the website so the user is not asked to configure it every time he or she visits the website.

- Third party cookies - These serve to measure the success of the applications and the effectiveness of publicity by third parties.

- Publicity cookies - These serve to direct the publicity according to the interests of each user thus allowing the number of times the advert is seen to be limited. They also help to measure the effectiveness of publicity. They do not identify the user.

The cookies can also be:

- Permanent cookies - These stay stored on the web browser of your devices (PC, mobile and tablet) and are used whenever the user visits the website. They are used to redirect navigation according to the interests of the user so a more personalized service can be provided.

- Session cookies - Temporary cookies which are stores on the browser until the user leaves the website. They contain information which helps to identify problems and provide a better browsing experience.

The use of cookies can be blocked

As explained above, cookies help you to better enjoy and experience our websites. After authorizing the use of cookies, the user can always partial or totally deactivate our cookies. Please check the “How to manage cookies” section of this document. Please be reminded that cookie deactivation may cause parts of our website not to function correctly.

Using cookies when opening our newsletters

For statistical purposes, our newsletters can contain a single pixel so we can know if they’re opened and to verify clicks or adverts inside the newsletter. The users can disable the reception of newsletters on their personal area or the website.

More information on cookies You can find more information about cookies on the following link: www.allaboutcookies.org

How to manage cookies

Cookies help users to better enjoy our website. Every browser enables users to accept, reject or erase cookies by managing their preferences. Should the user deactivate cookies, some internet services may not function properly and the browsing experience can be affected partial or totally on the website.

How to activate and deactivate cookies on your browser

Google Chrome

To activate, deactivate and manage your cookies on Google Chrome, please follow the procedures in the product website: https://support.google.com/accounts/answer/61416?hl=en

Microsoft Internet Explorer

To activate, deactivate and manage your cookies on Internet Explorer, please follow the procedures in the product website: http://windows.microsoft.com/en-us/windows7/block-enable-or-allow-cookies

Mozilla Firefox

To activate, deactivate and manage your cookies on Mozilla Firefox, please follow the procedures in the product website: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Safari

To activate, deactivate and manage your cookies on Safari, please follow the procedures in the product website: https://support.apple.com/kb/ph19214?locale=en_US

Other browsers

Please refer to your browser’s Help menu or contact the publisher.

6. Responsible entity

The entity responsible for processing the database is Skaphandrus:

Skaphandrus S.A.

EDET – Espaço para o Desenvolvimento Empresarial e Tecnológico, Gabinete 4

Rua dos Mercadores, nº63

9500-092 Ponta Delgada, São Miguel - Açores, Portugal

NIF 510 985 637

Capital Social € 123.560,55 - Registered on the Conservatória de Registo Comercial de Ponta Delgada

Anyone interested in contacting Skaphandrus is free to do so through the following contacts: Street address: EDET – Espaço para o Desenvolvimento Empresarial e Tecnológico, Gabinete 4, Rua dos Mercadores, nº63, 9500-092 Ponta Delgada, São Miguel - Açores, Portugal

E-mail: support@skaphandrus.com