Effective as of: August 9, 2019
This policy applies to information we collect:
- On our Site.
- In email, text, and other electronic messages between you and this Site.
- When you interact with our advertising and applications on third-party Sites and services, if those applications or advertising include links to this policy.
- Through any mobile and desktop applications that you download from this Site or other third party Sites, which provide dedicated non-browser-based interaction between you and our Site.
- From our marketing and advertising partners as well as other service providers (including Google and Facebook and any affiliate links) in connection with your visit to our Site.
It does not apply to information collected by:
- Us offline.
- Any other Site or services.
- Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site.
Age of Consent
Our Terms and Conditions require that for you to be using our Site, you are at least 13 years of age and at least 18 years of age to make a purchase on our Site, or that you have given us your consent to allow any of your minor dependents to use this site. If this is not the case, please DO NOT USE OUR SITE OR USE OR BUY OUR PRODUCTS OR SERVICES. To comply with the Children’s Online Privacy Protection Act (COPPA) if you believe we might have any information from or about a child under the age of 13, please contact us at firstname.lastname@example.org. If we learn we have collected or received personal information from a child under the age of 13, we will delete that information.
Active Collection of Personal Information.
By registering and using our Site, you will be providing us with different types of Personal Information and IP address information. You are not required to provide the Personal Information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.
(1) What is Personal Information?
“Personal Information” is information that can be used to identify a specific individual. Examples of Personal Information we may collect through the Site include, without limitation: name, gender, birthday, age, current city, phone number, payment card information, email address, social media profile picture, physical or geographic location data, beauty brand preferences, physical attributes (e.g. skin type), product and other feedback, how you found out about us or our products, and information about your use of the Sites, such as the content in your forum posts. You may elect not to submit Personal Information; however, as a result, you may not be able to use some of the Site's features or functionality.
(2) Some Examples of Personal Information. The information you provide to us through our Site may include:
- Directly from you when you provide it to us, including any feedback on our products or services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Site.
- Automatically as you navigate through the Site, including without limitation:
- Details of transactions you carry out through our Site and of the fulfillment of your orders.
- Financial information prior to placing an order through our Site.
- Any search inquiries on the Site.
- We may collect this directly or through third parties, including without limitation, Shopify which hosts our Site and online shop.
- Directly and automatically from you when you use our products and services.
(3) Limitations on Expectation of Privacy for your User Contributions. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
(4) Limited Ability to Protect your Personal Information for Breaches of our Terms and Conditions. Posting inappropriate User Contributions may be in breach of our Terms and Conditions and result in the suspension of your account and privileges. Our ability to prosecute abusers of our Terms and Conditions may be inadequate after your Personal Information has been used in an inappropriate or illegal manner, and we may not be able to protect unauthorized use of Personal Information by anyone who breaches our Terms and Conditions.
Our Site and Online Store is Hosted by Shopify’s E-Commerce Platform.
You may be asked to provide your Personal Information any time you are in contact with Hanalei, Shopify or any respective affiliated company or third-party vendor. Each of Hanalei, Shopify and its respective affiliates or third-party vendors may share this Personal Information with one another. We may also combine Personal Information with other information to provide and improve our products, services, content, and advertising.
Passive Collection of Information; Online Tracking by Third Parties.
In addition to the Personal Information that you actively provide to us, we, together with our third party service providers, and our business partners may use a variety of technologies to automatically collect certain information about your use of the Site. Some of these vendors may include payment gateways and other payment transaction processors, which have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.
This information may be used, among other things, to help us compile website metrics and analytics, and thereby improve and customize your experiences on the Site, to target advertisements for products and services in which you might be interested based on your visits to the Site, to prevent you from seeing the same advertisements too many times, or to conduct research regarding the usefulness of certain advertisements to you. We may share information about visitors to our Site with third party companies for the same purposes.
For these third party providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. As technology advances and as our business develops and scales, we may change our third party vendors from time to time. Some of these third party vendors currently include: Shopify, Smile.io, Google Analytics, Facebook, YOTPO, PushOwl, Sumo, Klaviyo, and Route.io.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of each jurisdiction in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your Personal Information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Tracking Technologies that Track Your Data
The technologies that we, our service providers and other third parties may use to automatically collect data may include the following:
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your Interactions with the Site. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Site, and is deleted or deactivated thereafter.
- Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).
- Location Identifying Technologies. We may use GPS (global positioning systems) software and other location-based technologies such as iBeacons (as defined below) to locate you so we may verify your location and deliver relevant content to you based on your location. In addition to traditional GPS location-based services, some of the service providers and others with whom we work may install low power Bluetooth, Wi-Fi, radio transmitters, or other devices in physical locations, which emit a signal that to help pinpoint your location or otherwise interact with the service offered through our Site (“iBeacons”).
We may send you product promotions that we think you may be interested in receiving based on passively-collected information.
Use of Personal Information
We may use your Personal Information: (i) to provide you with access to the Site and to process transactions that you have requested or agreed to receive; (ii) to process your registration with the Site, including verifying that your email address(es) are active and valid; (iii) to improve the Site or other products and services; (iv) to customize your experience with the Site, or to serve you specific content that is relevant to you; (v) to contact you with regard to your use of the Site and, in our discretion, changes to our policies; (vi) to provide you with Site related notices; (vii) to conduct surveys and promotions regarding the Site and other Hanalei products and services; (viii) to promote products and services; and (ix) for purposes disclosed at the time you provide your Personal Information or with your consent, or as described elsewhere in this Policy.
In addition, we (or service providers we use or advertisers) may employ information collected through the Site (such as IP addresses, geolocation, cookie-related data, and other information described above), aggregated with information collected from various unaffiliated websites, or mobile applications, and various devices or browsers, in order to provide content and advertisements about goods and services of interest to you across those devices and browsers. If you would like more information about this practice and to know your choices with respect to it, please visit www.aboutads.info/choices.
How We Respond to Do Not Track Signals.
Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.
How We Use Your Information.
We use information that we collect about you or that you provide to us, including any Personal Information:
- To present our Site and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account, e-mail subscription list or our loyalty program, including expiration and renewal notices.
- To communicate with you via e-mail.
- To promote products we think might be of interest.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Site or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Site, including any user forums or customer feedback.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
How We Share Your Information.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose Personal Information that we collect or you provide as follows:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and to any third party who is bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. Such third parties may perform certain services for us, such as website hosting, delivery of promotional materials and product offers, or performing other services on our behalf.
- To third-party advertising companies which may collect information about you and your online activities on our Site, over time and across third-party websites and applications and on line services. These companies use the information they collect to help advertisers identify and serve ads to you that are more relevant to you.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Site users is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your Personal Information:
- In the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required or permitted by law.
- At the request of governmental authorities conducting an investigation;
- To enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Sweepstakes, Contests, and Promotions.
We may offer sweepstakes, contests, and other promotions (each, a “Promotion”) that may require registration. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion, such as in connection with winner selection, prize fulfillment, and as required by law. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor or other parties to use your name, voice or likeness in advertising or marketing materials. We may offer opportunities to enter a contest or sweepstakes or other feature that we offer jointly with a third party. As a result of your participation in such feature, your information may be shared with the third party that is jointly offering the feature, which will be disclosed at the time your information is collected. In conducting a Promotion, we may use the services of a third party provider, and remember that they may be collecting and tracking your own Personal Information.
The Site may provide you the opportunity to participate and post content publicly through chatrooms, forums, interactive features, or other communication functionality (“Community Features”). We may provide functionality for you to submit or post text (including questions, comments, and suggestions), photographs, audio, videos, or other content (collectively, "User Content") through Community Features, by linking the Site to a third party service, or otherwise. Please note that any information you submit through the Community Features may be publicly displayed on the Site along with your User Content. User Content consisting of uploaded files may contain metadata, which may contain Personal Information or other information about or relating to you. You may wish to remove metadata from your file(s) before transmitting such file(s). Note that anything you post through Community Features is public --- others will have access to your User Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information, that information will be considered public information. If you submit User Content, it may be published online or offline at any time. In addition, we may use your User Content and any excerpt from your User Content in connection with our advertising, marketing, publicity and promotional activities.
Certain functionality on the Site may permit interactions that you initiate between the Site and a third party Site or service (“Social Features”). Examples of Social Features include enabling you to “like” or “share” Site content to other Sites or services; to log-in to the Site using your username and password for a third party site or service; to transmit content to the Sites from your account on a third party Site or service; and to otherwise connect the Sites to a third party Site or service-describe more specifically to your functionality. If you choose to use Social Features, information you post or provide access to may be publicly displayed on the Site or by the provider of the Social Feature that you use.
Similarly, if you post information on a third party platform that references the Site (e.g., by using a hashtag associated with the Company or its properties in a tweet or status update), your post may be published on the Site in accordance with the terms of the third party Site or service. Also, both the Company and the third party may have access to certain information about you and your use of the Site and the third party site or service. In addition, we may receive information about you if other users of a third party Site give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connections’” web pages, profile pages, or similar pages on a social networking or other third party Site or interactive service.
Choices About How We Use and Disclose Your Information.
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Opt-Out of Online Behavioral Advertising. We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. For information about opt out programs that third party advertising companies participate in, and to opt out of the use of website browsing data for interest-based advertising by companies that participate in these programs, you can visit the DAA Consumer Choice Page at http://www.youradchoices.com and download AppChoices free of charge to enable desktop and mobile data collection control. You can also visit http://www.networkadvertising.org to access the Network Advertising Initiative opt-out. Please Note: that when using the ad industry opt-out tools described above, we may still collect some data about your online activity for operational purposes (such as fraud prevention) and you will continue to receive ads but those ads will be less relevant because they won’t be tailored to your interests. The ads might, for instance, be randomly generated or based on the web page you are visiting. In addition, if you use multiple browsers or devices you may need to execute this op out on each browser or device.
- [Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to HERE. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. [This opt out does not apply to information provided to the Company as a result of a post to the Site, enrollment in our loyalty program, product purchase, product service experience or other transactions.]
- Geo-Location Information. When you use the Service on your mobile device, you may choose not to share your geo-location details with us by adjusting the device’s location services or Bluetooth settings. Most likely, these controls are located in the device's settings menu. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
- E-mail. We may send you e-mails based on information provided by you, both online and through your transactions with us. These e-mails may come directly from us or from a company we have engaged on our behalf. You can opt-out of receiving our marketing e-mails by following the opt-out instructions included at the bottom of the marketing e-mail. When we send you e-mail, we may use your e-mail address to identify information about your receipt of the e-mail, including whether the communication was opened, how many times it was viewed and whether you clicked on an embedded hyperlink to reach a particular web page. This information is used to measure response rates to e-mail communications as well as enhance your Site experience.
Consent to Transfer Information.
This Site is operated primarily in the United States and your Personal Information will be processed and stored within the United States, Canada as well as other jurisdictions throughout the world. Please be aware that information we collect, including Personal Information will be transferred to, processed and stored in the United States, Canada and elsewhere. By using or accessing the Sites or providing us with any information through the Sites, you consent to this transfer, processing and storage of your information that might occur outside of your local jurisdiction.
Retention, Correction and Deletion of Your Information
Some of your Information may remain in cached or back-up storage even if you ask us to delete it or may have been copied or stored by third parties. We may also archive some or all of your Information as we believe may be required by law or for legitimate business purposes. Please note that if you do opt-out of receiving marketing-related e-mails from us, we may still send you messages for administrative or other purposes directly relating to your account or products or services purchased or subscribed to by you, and you cannot opt-out from receiving those messages.
We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Contributions, is governed by our Terms and Conditions.
Your California Privacy Rights.
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request and receive from us, once per year and free of charge, certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes during the previous calendar year, and a description of the categories of information shared. To make such a request, please send an email to email@example.com including the phrase, “California Privacy Request” in the subject line, and provide us with your name, postal address and e-mail address or write us at the address listed below.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site, including giving feedback or reviews. The information you share in public areas may be viewed by any user of the Site.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. After a transaction, your credit card information will not be stored on our servers.
Our business changes constantly, and our Privacy Notice and the Terms and Conditions will change also.
HANALEI BEAUTY COMPANY LLC
3615 Harding Avenue #409
Honolulu, HI 96816 USA