2. Interpretation and Definitions
The words of which the initial letter is capitalized 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.
- Account means a unique account created for you to access our service or parts of our service.
- Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects consumers personal information and determines the purposes and means of the processing of consumers personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers personal information, that does business in the state of California.
- Company (referred to as either “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to Hawaii Island Transport Service, 3015 Koapaka St. For the purpose of the GDPR, the Company is the data controller.
- Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
- Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
- Country refers to: Hawaii, United States
- Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the company as the legal person which alone or jointly with others determines the purposes and means of the processing of personal data.
- Device means any device that can access the service such as a computer, a cellphone or a digital tablet.
- Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the US Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
- Personal Data is any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, generic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.
- Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information to another business or a third party for monetary or other valuable consideration.
- Service refers to the website.
- Service Provider means any natural or legal person who processes the data on behalf of the company. It refers to third-party companies or individuals employed by the company to facilitate the Service or to assist the company in analyzing how the service is used. For the purpose of the GDPR, service providers are considered data processors.
- Usage Data refers to data collected automatically, either generated by the use of the service or from the service infrastructure itself (for example, the duration of a page visit).
- Website refers to Hawaii Island Transport Service, accessible from hitsoahu.com
- You means 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 under GDPR (General Data Protection Regulation). You can be referred to as the data subject or as the user as you are the individual using the service.
3. Collecting and Using Your Personal Data
3.1 Type of Data Collected
While using our service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identity you personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data is collected automatically when using the service.
Usage Data may include information such as your device’s internet protocol address (e.g. IP address), browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages unique device identifiers and other diagnostic data.
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.
We may also collect information that your browser sends whenever you visit our service or when you access the service by or through a mobile device.
Tracking Technologies and Cookies
- Flash Cookies certain features of our service may use local storage objects (or Flash Cookies) to collect and store information about your preferences or your activity on our service. Flash cookies are not managed by the same browser settings as those used for browser cookies. For more information on how you can delete flash cookies. Please read “where can I change the settings for disabling or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our service and our emails 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 website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline while session cookies are deleted as soon as you close your web browser. You can learn more about cookies here: Cookies by TermsFeed Generator.
We use both session and persistent cookies for the purposes set out below:
- Necessary/ Essential Cookies
Type: Session Cookies Administered by: Us Purpose: These cookies are essential to provide you with services available through the website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
- Cookies Policy/ Notice Acceptance Cookies
- Functionality Cookies
Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices you make when you use the website, such as remembering your login details or language preference. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the website.
- Tracking and Performance Cookies
Type: Persistent Cookies Administered by: Third-Parties Purpose: These Cookies are used to track information about traffic to the website and how users use the website. The information gathered via these cookies may directly or indirectly identify you as as individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the website. We may also use these cookies to test new pages, features or new functionality of the website to see how our users react to them.
3.2 Use of Your Personal Data
The Company 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. The personal data you provide can give you access to different functionalities of the service that are available to you as a registered user.
- 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: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates when necessary or reasonable for their implementation.
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
- To manage your requests: To attend and manage your requests to us.
- For business transfers: We may use your information to evaluate or conduct 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 data held by us about our service users is among the assets transferred.
- For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our service, products, services, marketing and your experience. 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 analyze the use of our service, for payment processing to contact you.
- For business transfers: We may share or transfer your personal information in connection with or during negotiations of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company
- With business partners: We may share your information with our business partners to offer you certain products, services or promotions.
- With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With your consent: We may disclose your personal information for any other purpose with your consent.
Retention of Your Personal Data
The company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our service or we are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including personal data is processed at the company’s operating offices and in any other places where the partners 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.
Disclosure of Your Personal Data
Under certain circumstances, the company 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 company 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 company
- 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
The security of your personal data is important to use, 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.
4. Detailed Information on the Processing of You Personal Data
The service providers we use may have access to your personal data. These third-party vendors collect, store, use, process and transfer information about your activity on our service in accordance with their privacy policies.
We may use third-party service providers to monitor and analyze the use of our service.
- Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic.
5. GDR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process personal data under the following conditions:
- Consent: You have given your consent for processing personal data for one or more specific purposes.
- Performance of a contract: Provision of personal data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing personal data is necessary for compliance with a legal obligation to which the company is subject.
- Vital interests: Processing personal data is necessary in order to protect your vital interests or of another natural person.
- Public interest: Processing personal data s related to a task that is carried out in the public interest or in the exercise of official authority vested in the company.
- Legitimate interests: Processing personal data is necessary for the purposes of the legitimate interests pursued by the company.
In any case, the company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The company undertakes to respect the confidentiality of your personal data and to guarantee you can exercise your rights.
- Request access to your Personal Data. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the personal data we hold about you.
- Request correction of the personal data what we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected
- Object to processing of Your personal data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your personal data on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes.
- Request erasure of your personal data. You have the right to ask us to delete or remove personal data when there is no good reason for us to continue processing it.
- Request the transfer of your personal data. We will provide to you or to a third party you have chosen, your personal data in a structured commonly used machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw Your consent. You have the right to withdraw your consent on using your personal data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the service.
Exercise of Your GDPR Data Protection Rights
You may exercise your rights of access, rectification, cancellation and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request. We will try our best to respond to you as soon as possible.
You have the right to complain to a data protection authority about our collection and use of your personal data. For more information, if you are in the European Economic Area(EEA), please contact your local data protection authority in the EEA.
6. CCPA Privacy
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonable be linked, directly or indirectly, with a particular consumer or device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve(12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if you provided such personal information directly to us.
- Category A: Identifiers. Examples: A real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, driver’s license number, passport number or other similar identifiers collected: Yes.
- Category B: Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples: A name, signature social security number physical characteristics or description address telephone number passport number drivers license or state identification card number insurance policy number, education, employment history, bank account number, credit card number, debit card number or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Collected: Yes.
- Category C: Protected classification characteristics under California or federal law. Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, generic information (including familial genetic information). Collected: No.
- Category D: Commercial information. Examples: Records and history of products or services purchased or considered. Collected: Yes.
- Category E: Biometric information. Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait or other physical patterns, and sleep, health or exercise data. Collected: No.
- Category F: Internet or other similar network activity. Examples: Interaction with our service or advertisement. Collected: Yes.
- Category G: Geolocation data. Examples: Approximate physical location. Collected: No.
- Category H: Sensory data. Examples: Audio, electronic, visual, thermal olfactory or similar information. Collected: No.
- Category I: Professional or employment-related information. Examples: Current or past job history or performance evaluations. Collected: No.
- Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf such as grades, transcripts, class lists, student schedules, student identification codes, students financial information or student disciplinary records. Collected: No.
- Category K: Inferences drawn from other personal information. Examples: Profile reflecting a persons preferences characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Collected: No.Under CCPA, personal information does not include:
- Publicly available information from government records
- Deidentified or aggregated consumer information
- Information excluded from the CCPA’s scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
- Personal information covered by certain sector-specific privacy laws, including the fair credit reporting act (FRCA) the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Drivers Privacy Protection Act of 1994
Source of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you. For example from the forms you complete on our service preferences you express or provide through our service or from your purchases on our service.
- Indirectly from you For example from observing your activity on our service.
- Automatically from you. For example through cookies we or our service providers set on your device as you navigate through our service.
- From Service Providers. For example, third party vendors to monitor and analyze the use of our service, third party vendors for payment processing or other third party vendors that we use to provide the service to you.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose personal information we collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:
- To operate our service and provide you with our service.
- To provide you with support and to respond to your inquiries including to investigate and address your concerns and monitor and improve our service.
- To fulfill or meet the reason you provided the information. For example, if you share your contact information to ask a question about our service. We will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service. We will use that information to process your payment and facilitate delivery.
- To respond to law enforcement requests and as required by applicable law, court order or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA
- For internal administrative and auditing purposes.
- To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity including when necessary to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information please refer to the “Use of Your Personal Data” section.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
- Category A: Identifiers
- Category B: Personal information categories lasted in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When we disclose personal information for a business purpose or a commercial purpose. We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Sale of Personal Information
As defined in the CCPA “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available transferring or otherwise communicating orally in writing or by electronic or other means a consumers personal information by the business to a third party for valuable consideration. This means that we may have received some kind of benefit in return for sharing personal information but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the following categories of personal information:
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
Share of Personal Information
We may share your personal information identified in the above categories with the following categories of third parties:
- Service providers
- Payment processors
- Our affiliates
- Our business partners
- Third party vendors to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
Sale of Personal Information of Minors Under 16 Years of Age
We do not sell the personal information of consumers we actually know are less than 16 years of age unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out you (or your authorized representative) may submit a request to us by contacting us.
If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information please contact us with sufficient detail to enable us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their personal information if you are a resident of California you have the following rights:
- The right to notice. You have the right to be notified which categories of personal data are being collected and the purposes for which the personal data is being used.
- The right to request