Updated: March 7, 2020
- What personal data we collect, including from our websites, including www.prideofmaui.com, www.prideofmaui.com/blog, www.mauiboattrips.com, www.mauiwhalewatching.com, www.snubamaui.com and www.savethereefs.com (collectively, the “Application”);
- How we use the data;
- With whom we may share the personal data;
- Legal bases for processing data;
- Storage and protection of your data;
- Your Privacy Rights, Choices and Disclosures, including those for Europe and California;
THE COMPANY IS LOCATED IN THE UNITED STATES. IF YOU ARE LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND OR UNITED KINGDOM, YOU CONSENT TO THE TRANSFER OF YOUR PERSONAL DATA TO THE UNITED STATES.
TYPES OF DATA COLLECTED
The Application captures some information about you (or “User”) automatically utilizing background local storage and session storage technologies (“Cookies”). Examples of Usage Data collected in this way are your IP address, the browser you are using, the operating system you are using and the pages on the Site that you visit. You may refrain from providing, or withdraw, your consent for some Cookies via your browser and mobile settings.
You can deactivate Google Analytics using a browser add-on if you do not wish the website analysis to take place. You can download the add-on here: https://tools.google.com/dlpage/gaoptout. You may also indicate opt-out preferences for Google’s advertising features through your browser and mobile settings (Ads Settings) as well as through the NAI’s consumer opt-out at http://optout.networkadvertising.org.
The Application also collects information that you provide to us voluntarily, including when you communicate with us via email, telephone or other means, when you request information about our services and when you purchase services from us. We utilize a contact form in order to provide you information or services that you request. By filling in the contact form with your Personal Data, you authorize us and this Application to use these details to reply to requests for information or quotes, provide the services you request or provide any other kind of request as indicated by the form’s header. When you telephone the Company, the conversation may be recorded with advance notice to you for quality assurance and training purposes, and we may capture some analytics information, such as the date and time of the call, the origin of the call, specific keywords used during the call and its duration, for internal business purposes.
You may be asked to provide certain information about yourself including, without limitation, your name, physical address, e-mail address, phone number and payment card information. Please do not submit to us any sensitive personal information.
Failure to provide certain Personal Data may make it impossible for us and the Application to provide the services you are requesting.
The User assumes responsibility for the Personal Data of third parties published or shared through this Application and represents and warrants that he or she has the right to communicate such data to us or to post data or images on the Application. Please see the Terms and Conditions at https://www.prideofmaui.com/about/terms-and-conditions/ for more information on User content.
THE USE OF THE COLLECTED DATA
We use the Data we collect to respond to your inquiries, provide or enhance the services you request, perform our contractual obligations, provide updates and other important information related to your activity on the Application, inform you of new services or changes in services, inform you of events or promotions you may be interested in, administer the Application, enter into contracts for services, to fulfill legal obligations we have to our customers, governmental authorities or other third parties, and for other legitimate business purposes. You will have the opportunity to opt out of any electronic marketing communications you may receive from us.
LEGAL BASIS FOR PROCESSING DATA
We rely on the following legal grounds to process your Data:
Performance of a contract. We may need to collect and use your Data to enter into a contract with you or to perform a contract that you have with us.
PROTECTION AND STORAGE OF THE DATA
We take reasonable administrative, physical and technical precautions to protect your personal data and communications between us. This includes, when required or as we deem appropriate and feasible under the circumstances, written commitments from third parties that may have access to your data that they will protect the data with safeguards that are substantially equivalent to those used by us. No Internet or e-mail transmission is ever fully secure or error free, however. We therefore cannot guarantee absolute security of your data, and we are not responsible for processes and networks that we do not control. Users assume the risk of security breaches and the consequences resulting from them. Please be careful in deciding what information you send to us via email or over the Internet.
If you have any questions about security on our Site, you may email your questions to firstname.lastname@example.org.
We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected and to perform our contractual and legal obligations and for any applicable statute of limitations periods. Persistent cookies are retained for approximately two years, while the session cookies used on our Site are set to expire when the browser session ends.
THE RIGHTS AND CHOICES OF USERS
This section is subject to specific disclosures on privacy rights set forth below. We are committed to facilitate the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale of your personal information (as applicable). We will do our best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, contact us at email@example.com.
You may opt out of receiving electronic marketing communications from us by clicking on the “unsubscribe” link on the communication or contacting us at firstname.lastname@example.org.
Some non-marketing communications are not subject to a general opt-out, such as communications about transactions, disclosures to comply with legal requirements, software updates and other support-related information.
Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your Personal Data, such as the right to complain to your local data protection authority.
You may be able to disable Cookies through your browser settings, but if you delete or disable Cookies, you may experience interruptions or limited functionality in certain areas of the Application.
2. Your European Privacy Rights and Choices.
If you reside or otherwise find yourself in the territory of Europe, your privacy rights under the European data protection law include:
- Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or need additional information you can contact us any time.
- Right of access, restriction of processing, erasure. You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal, ethical and contractual obligations. To make a request or to ask us a question about our data practices, please contact us via email at email@example.com.
- Right to withdraw your consent at any time. When we process your personal data based on your consent, you have the right to withdraw it at any time.
- Right to object at any time. You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in commercial e-mails or by contacting us, as well as the right to object to any processing of your personal data based on your specific situation. In the latter case, we will assess your request and provide a reply in a timely manner, according to our legal, ethical and contractual obligations. Some non-marketing communications are not subject to a general opt-out, such as communications about transactions and disclosures to comply with legal or ethical requirements.
- Right to data portability. You have the right to data portability of your own personal data by contacting us.
- Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your personal data that may negatively impact you.
- Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according the European Privacy regulation, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.
3. California Disclosures
California Consumer Privacy Act Disclosures. The California Consumer Privacy Act is effective on January 1, 2020. As of that date, California residents have the right to request:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information is collected;
- The business or commercial purpose of collecting or selling personal information;
- The categories of third parties with whom we share or sell personal information;
- The categories of personal information about you that we have sold;
- The specific pieces of personal information we have collected about you.
Additionally, you have the right to request deletion of your personal information, the right to opt out of the sale of your information (if applicable) and the right not to be discriminated against for exercising any of your CCPA rights.
California Information-Sharing Disclosure: California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by email to firstname.lastname@example.org with “California Privacy Rights” in the subject line.
DEFINITIONS AND LEGAL REFERENCES
Personal Data (Or Data): Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Usage Data: Information collected automatically from this Application (or third party services employed in this Application ), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
User: The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
Data Subject: The legal or natural person to whom the Personal Data refers to.
Data Controller (or Application Owner, or Owner): The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
Cookie: Small piece of data stored in the User’s device which is downloaded or stored on your computer or other device, that can be tied to information about your use of our Application (including certain third party services and features offered as part of our Application).