Privacy Statements

We collect your personal information because it helps us deliver you a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. Your personal information helps us keep you posted on the latest product announcements, special offers, and events that you might like to hear about. In addition, we may use your personal information for marketing research that we may conduct or have conducted for us in the future.

If you would prefer not to be contacted by Kirby Morgan, except in the event of a product safety issue, please contact us to notify us of your preferences.

Personal information under this Statement is personal information directly associated with a specific person such as the person’s name, address, phone number, fax number, email address, account information (e.g., member account, credit card information and online registration), online activities, or other specific personal information. Personal information under this Statement also includes information about Kirby Morgan products you may own, such as their serial numbers, and dates of purchase. Additional personal information such as a person’s age and physical characteristics may also be required for support or service issues.

There are a number of situations in which your personal information may help us give you better service. For example, we may ask for your personal information when you’re discussing a service issue on the phone with an associate, or registering your product. At such times, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences. We also collect personal information to better serve our customers, to allow us to transact business with our customers, and for market research to gain a better understanding of our customers and thus provide you with more valuable service. This helps us to determine how best to provide useful information to our customers and to understand which parts of our websites and Internet services are of most interest to you.

Kirby Morgan takes your privacy very seriously. Be assured that Kirby Morgan does not sell or rent your contact information to other marketers. Furthermore, Kirby Morgan will not use your personal information, or make it available to others, to “spam” your e-mail account(s).

To help us provide you with superior service, your personal information may be shared with entities within the Kirby Morgan group globally who will safeguard it in accordance with Kirby Morgan’s privacy policy. There are also times when it may be advantageous for Kirby Morgan to make certain personal information about you available to companies that Kirby Morgan has a strategic relationship with, or that perform work for Kirby Morgan to provide products and services to you on our behalf. These companies are also obligated to protect your personal information in accordance with Kirby Morgan’s policies. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the Kirby Morgan website.

Kirby Morgan may also disclose your personal information to an outside marketing consultant for purposes of conducting marketing research specifically for Kirby Morgan. The outside marketing consultant will be obligated to protect your personal information in accordance with Kirby Morgan’s policies.

Kirby Morgan may permit third parties to advertise on the Kirby Morgan website. Your personal information will not be disclosed to such third party advertisers.

At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, such disclosure is necessary.

Kirby Morgan takes precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.

You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, guard your credit card numbers, and make sure you use a secure web browser.

Kirby Morgan has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. Naturally, you have the right to access and correct the personal information you have provided. And, you can request a copy of your personal information, your product registration history, and your interactions with our sales and support agents by contacting us at the email address below.

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site, and to gather demographic information about our user base as a whole. Kirby Morgan will not use the information collected to market directly to that person.

In some of our email messages we use a “click-through URL” linked to content on the Kirby Morgan website. When a customer clicks one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

As indicated, Kirby Morgan takes protecting your privacy very seriously. To make sure your personal information is secure, we communicate these guidelines to Kirby Morgan employees and strictly enforce these privacy safeguards within the company. We do not knowingly solicit personal information from minors or send them requests for personal information.

Kirby Morgan’s website has links to the sites of other companies. Kirby Morgan is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

Kirby Morgan knows how much our customers care about the safety of their personal information. Kirby Morgan is likewise concerned about the safety and security of our customers and their personal information. Accordingly, we have put technological protections in place to ensure that our online transaction process is extremely safe and that our customers’ personal information is secure. We also encourage our customers to take their own measures in safeguarding their own personal information by, for example, not allowing others to have access to credit card numbers or passwords.

We strive to keep your financial information safe and secure. Credit card transactions occur in a secure area of our web site to protect you from any loss, misuse, or alteration of information collected. So, you can buy online from Kirby Morgan with confidence.

The security of your information is very important to Kirby Morgan. We use Secure Socket Layers (SSL), a commonly used method of transferring sensitive information, to secure your online order information and process your orders. SSL encrypts your order information, including your name, address(es), as well as the date and your credit card information, into a highly difficult to decipher code, which is then able to be decoded only by Kirby Morgan so that your orders can be processed immediately.

When you've finished shopping and begin the checkout process, you will move into the secure area of our site. A warning window may pop up to notify you that you are entering this “safe” area. Once you\'ve entered, the page address (URL) will change from http to https, to let you know you are in a secure area. Also, a key or a closed lock may appear in the lower left hand corner of your screen to notify you of this change. You will remain in this secure zone for the entire checkout process. In addition, you should consult the rules established by your browser to learn about other possible features that indicate that you are on a secure internet page. Except for this “safe” area during the checkout process, you should assume that the remainder of the Kirby Morgan website (including e-mail) is not encrypted such that sensitive information should not be included in such portions of our website.

While we implement these and other security measures on our site, please note that 100% security is not always possible. As you know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

By accessing or using any features on or in our website, www.kirbymorgan.com, you agree to be bound by the terms set forth in this Statement. We may periodically change these terms without providing prior notice. So, we recommend that you read these terms carefully each time you use this website.

Kirby Morgan reserves the right to amend its pricing at any time, and does not guarantee the prices listed on its website. While Kirby Morgan strives to maintain its website as updated as possible, there may be occasions when a price has changed, but the change has yet to be reflected on the website.

Any dispute relating to the www.kirbymorgan.com website or use or inability to use the kirbymorgan.com website (collectively, “Dispute”) will be governed by the laws of the United States and the State of California, without regard to (i) its conflict of law provisions, (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods, or (iii) any provision of the Uniform Computer Information Transaction Act as it may be enacted in California or any other jurisdiction. Kirby Morgan Dive Systems, Inc. will not be liable for, and you may not recover, consequential, punitive, special, incidental, and/or indirect damages from any claim relating to your use of the www.kirbymorgan.com website. Any disputes arising out of this Policy shall be adjudicated in a court of competent jurisdiction in the Central District of California. Any translation of this Statement is done for local requirements. In the event of a dispute between the English and any non-English versions, the English version of this Statement shall govern.

If you have questions or concerns about Kirby Morgan’s Privacy and Security Statement or data processing, please feel free to contact us:

Kirby Morgan Dive Systems, Inc.
1430 Jason Way
Santa Maria, California 93455
Telephone: 805.928.7772
Fax: 805.928.0342
E-mail: kmdsi@kirbymorgan.com

Kirby Morgan may update its privacy and security policies from time to time. When we change the policy(ies) in a material way, a notice will be posted on our website along with the updated policy.