Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for you to access our Service or parts of our Service.
• Application means the software program provided by the Developer downloaded by you on any electronic device, named FreeDive Ultra.
• Developer (referred to as either "the Developer", "We", "Us" or "Our" in this Agreement) refers to Alexis Argent.
• Country refers to: United Kingdom
• Device means any device that can access the Application, including but not limited to Apple Watch and iPhone.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Application.
• Service Provider means any natural or legal person who processes the data on behalf of the Developer. It refers to third-party companies or individuals employed by the Developer to facilitate the Service, to provide the Service on behalf of the Developer, to perform services related to the Service or to assist the Developer in analysing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself.
• You refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

To provide key features while using our Service, with your consent, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Your Personal Data is only used to provide services to you and will not be sold to third parties or external entities. Personally identifiable information may include, but is not limited to:

• Email address (optional, if provided during onboarding or in account settings)
• First name and last name (optional, if provided)
• Usage Data
• Geolocation Data (dive site GPS coordinates, saved locations, dive spots and route tracking, only if you sign in to an account and keep dive locations in your backup)
• Dive sensor data (depth, water temperature, collected automatically during sessions)
• Heart rate data (surface intervals only, via Apple HealthKit with your permission)
• Session photos (selected by you from your photo library)

Usage Data

Usage Data is collected automatically when using the Service. When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Information Collected While Using the Application

While using our Application, to provide features of our Application, we may collect, with your prior permission:

• Information regarding your GPS location to record dive data
• Names and email addresses, if you choose to provide them, to allow us to identify your account and contact you for support or marketing purposes

We use this information to provide features of our Service and to improve and customise our Service. These features, including GPS location, can be enabled or disabled at any time through your device settings. If enabled, location data will be saved to the cloud and your device. Dive data will always be saved on the cloud and your device.

Email Address Storage

If you provide your email address (by creating an account, or in account settings), it is stored as part of your account (see Accounts and Cloud Backup below). We use it to identify your account, to send you essential account emails such as confirmation and password reset, and, if you opt in, to send occasional product updates. You may delete your account, or request removal of your data, at any time by contacting us at support@freediveultra.com.

Location Features and Your Choice

Two GPS features are on by default and can be turned off at any time in Dive Settings:

• Saved Locations, which saves a GPS waypoint when you ask for one during a dive session
• Route Tracking, passive GPS recording during sessions, capturing your approximate path through the water

Privacy first: dive spots, saved locations, routes and place names are recorded on your watch and kept on your iPhone and in your private iCloud. They never reach us unless you sign in to an account and keep "Back up GPS data too" ticked, or "GPS data in backup" switched on in Account. With it on, they are in your private backup so they can show on your web logbook; we never share or publish them. With it off, they never reach us at all. Switching it off removes them from your account and web logbook and stops them being backed up; your dives stay backed up and nothing on your device changes.

Diagnostic Reports

When you request a support diagnostic report from within the Application, a summary of your device information, app settings, and session statistics is compiled. This report is never sent automatically. You must choose to share it with us via email. Diagnostic reports do not include dive data, GPS locations, photos, or health information.

Push Notifications

If you opt in to notifications, we register a push notification token for your device so we can send you messages such as product news, new-feature announcements, and occasional updates about FreeDive Ultra. A push token is a device identifier and is treated as personal data. Alongside it we process limited, non-identifying information to keep these messages relevant: your subscription status (Free or Pro), your app version, and your device's region and language.

We rely on your consent, the notification permission you grant, as the legal basis for these messages, and you can withdraw it at any time by turning off notifications for FreeDive Ultra in your device settings. We do not use your dives, location history, or health data for this purpose. We keep your push token while the app is installed. If you remove the app, the token stops working and is automatically removed from our records. If you turn off notifications, no further messages appear on your device.

Apple Services Integration

The Application integrates with the following Apple services to provide its functionality:

Accounts and Cloud Backup (Optional)

FreeDive Ultra can be used without an account. Your dive data is always stored on your device and, if you use iCloud, in your private Apple iCloud container. Creating a free account is optional and adds a second, independent backup of your data to our own secure cloud, so you can restore it on a new device or if you do not use iCloud.

You can create or sign in to an account using Sign in with Apple, Google, Facebook, or an email address and password. When you sign in, we store your account details (your email address and name, an optional small profile photo, and your newsletter preference) together with a secure backup of your FreeDive Ultra data, your dive log, saved dive spots, and app settings. The specific types of dive data are those already described under Types of Data Collected above. Your dive session photos are not uploaded to our backend; they remain only on your device and in your iCloud container.

You can delete your account at any time from the Account screen in the app. Deleting your account permanently erases your account and its cloud backup from our backend. You can also sign out without deleting anything, which pauses cloud backup while keeping your data on your device.

Shared Dive Cards

When you share a dive card from the Application (for example, to WhatsApp, iMessage, or another messaging app), the Application uploads a rendered image of the card to our hosting provider, Vercel Blob, so that recipients can preview it via a public link in the format https://freediveultra.com/d/<id>.

The uploaded image contains only what is visible on the card you chose to share, typically a dive stat (depth, duration, temperature) and the FreeDive Ultra branding. No GPS coordinates, route data, photos, heart rate, names, email addresses, or account identifiers are included in the upload, beyond what is rendered on the card itself.

Each shared card is assigned a short random identifier (8 characters). The link is unguessable but public. Anyone with the link can view the image. You can delete a shared card at any time from the Application; deletion removes both the image and its link. Shared cards have no expiry and remain available until you delete them.

Vercel Blob is provided by Vercel Inc. and is subject to Vercel's Privacy Policy. Vercel may process server logs (IP address, user agent, request timestamp) when the link is fetched, in line with standard web hosting practice.

Third-Party Analytics and Crash Reporting

The Application uses the following third-party services to improve reliability and understand how the Application is used:

Firebase Crashlytics and TelemetryDeck do not collect your name, email, dive data, GPS locations, or health information. All three services process data in accordance with their own privacy policies and applicable data protection laws.

Website Analytics and Cookies

The FreeDive Ultra website (freediveultra.com) uses Google Analytics (GA4) to understand how visitors use the site: which pages are visited, where traffic comes from, and how visitors interact with the site.

When you first visit the website, a cookie consent banner asks whether you accept or decline cookies. If you decline, neither Google Analytics nor any advertising measurement tag loads, and no cookies are set. Your choice is remembered for future visits. You can clear your preference at any time by clearing your browser's local storage for freediveultra.com.

Google Analytics and the advertising measurement tags are used on the website only. The FreeDive Ultra app does not use Google Analytics and does not set any cookies. It does include measurement software from Meta (Facebook and Instagram) and TikTok, described below.

Use of Your Personal Data

The Developer may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage your Account: to manage your registration as a user of the Service.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Service.
• To contact you by email or other equivalent forms of electronic communication, such as push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including security updates.
• To provide you with news, special offers and general information about other goods, services and events which we offer. You may opt out of marketing communications at any time.
• To attend and manage your requests to us.
• For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of our assets.
• For other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service.

Sharing Your Personal Information

We may share your personal information in the following situations:

• With Service Providers: We may share your personal information with Service Providers to monitor and analyse the use of our Service.
• For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of assets, financing, or acquisition of all or a portion of our business to another company.
• With your consent: We may disclose your personal information for any other purpose with your consent.

Retention of Your Personal Data

Dive session data is retained on your device and in your iCloud account indefinitely until you choose to delete it. You can delete individual sessions from the logbook at any time, or delete all data from the Application's settings.

Email addresses provided for updates are retained until you request removal. Crash reports and analytics signals are retained by their respective service providers (Firebase Crashlytics and TelemetryDeck) according to their own retention policies.

You may request that we erase all of your Personal Data at any time by contacting us at support@freediveultra.com. You may also export your dive data in UDDF format from within the Application at any time.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Developer's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Developer will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Developer is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law Enforcement

Under certain circumstances, the Developer may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other Legal Requirements

The Developer may disclose your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Developer
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

All user data is securely stored and transferred via encrypted methods, and protection systems are compliant with industry standards. The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. In the event of any breach in security, users will be promptly notified if any Personal Data has been compromised.

Children's Privacy

We request individuals under the age of 13 in the UK and under the age of 16 in the rest of the world not provide us personal data. We do not knowingly collect personally identifiable information from anyone under these ages. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 in the UK or under the age of 16 in the rest of the world without verification of parental consent, we take steps to remove that information from our servers.

If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent's consent before we collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Your Rights Regarding Personal Data

If you are a registered user of our Service, you may request to receive information regarding Personal Data you have provided to us, including requesting a copy of an exported file of your data, if possible. You may request that we correct or erase any personal data we hold about you. While we will not sell or share your Personal Data, you retain the right to opt-out or object to any third party sharing, selling, and/or targeted advertising, if applicable. Any requests can be made by contacting us with the email provided below.

Under UK GDPR and data protection law, you have the following rights:

• Right to be Informed
• Right of Access
• Right to Erasure
• Right to Rectification
• Right to Data Portability
• Right to Object
• Notification of Data Breach
• Rights in Relation to Automated Decision Making and Profiling

Contact Us

If you have any questions or concerns about this Privacy Policy, you can contact us:

By email: support@freediveultra.com