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PRIVACY POLICY

Last updated: August 24, 2024 (12:43 GMT)

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use Our Website and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to maintain and improve Our Website. By using Our Website, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

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.

Definitions

For the purposes of this Privacy Policy:

• You means the individual accessing or using Our Website, or the company, or other legal entity on behalf of which such individual is accessing or using Our Website, as applicable.

• Company (referred to as either "the Company", "We", "Us", "Our Company", or "Our" in this Agreement) refers to Aloha Bay, P.O. Box 539, Lower Lake, CA 95457.

• Account means a unique account created for You to access Our Website or parts of Our Website.

• Our Website refers to https://www.alohabay.com

• Country refers to: California, United States

• 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 Our Website, to provide Our Website on behalf of the Company, to perform services related to Our Website (including shipping services for fulfilling orders placed through Our website) or to assist the Company in analyzing how Our Website is used.

• Personal Data is any information that relates to an identified or identifiable individual.

  For the purposes of the CCPA (California Consumer Privacy Act), 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.

• 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 their many uses).

• Usage Data refers to data collected automatically, either generated by the use of Our Website or from Our Website infrastructure itself (for example, the duration of a page visit).

• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. 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.

• 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.

• Sale of Your Personal Data, 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.

• Your Device means the technical means You are using to access Our Website. This includes desktop computers, tablets, and mobile devices, any any other technological means capable of accessing Our Website.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

In compliance with CalOPPA (the California Online Privacy Protection Act), we will now list all information we collect about visitors to Our Website.

While You use the forms on Our Website, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify 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, Country
• Time zone
• Resale number
• Store name

We collect personally identifiable information voluntarily through the following interactive forms on Our Website:

• Form for Contacting Us By Phone. Link:
  https://alohabay.com/contact/index.php
  This form is enables visitors to Our Website to schedule a phone call with our staff. The form collects the following Personal Data:
  first name, last name, phone, time zone.

• Form for Contacting Us Electronically. Link:
  https://alohabay.com/contact/index.php
  This form is enables visitors to Our Website to contact us and enables us to reply. The form collects the following Personal Data:
  first name, last name, address (including city, state, zip/postal code, country), phone, email address.

• Retailer Application Form. Link:
  https://alohabay.com/dealers/application.php
  This form is limited to those visitors to Our Website who have their own stores and are applying to open a "Retailer Account" on Our Website as an Aloha Bay wholesaler. The form collects the following Personal Data:
  resale number, first name, last name, email address, store name, address (including city, state, zip/postal code, country), phone, and fax.

• Retailer Account Forms. Once visitors to Our Website have created a Retailer Account, they are eligible to use the following forms:

  • Retailer Login Form. Link:
    https://alohabay.com/cgi-bin/dealers/loginform.cgi. The form collects the following Personal Data: email address and password.

  • Retailer Forgot Password Form. Link:
    https://alohabay.com/dealers/forgotpassword.php. This form enables Retailer Account holders to log back into their account. The form collects the following Personal Data: email address.

  • Edit My Account Form. This form enables Retailer Account holders to change their password. The form collects the following Personal Data: new password.

• Importer Application Form. Link:
  https://alohabay.com/importers/application.php
  This form is limited to those non-US site visitors who would like to distribute our products internationally, as an Aloha Bay importer. The form collects the following Personal Data:
  business name, business type, website URL, first name, last name, address (including city, state zip/postal code, country), phone, time zone, and email address.

Usage Data

In contrast with interactively collected Personal Data, Usage Data is collected automatically whenever Our Website is used. We use such Data for maintaining and improving our website.

Unlike CalOPPA (the California Online Privacy Protection Act), the CCPA (California Consumer Privacy Act) extends the definition of "Personal Data" to include Usage Data. So in compliance with the CCPA, we now describe our Usage Data Policy.

When You visit Our Website, Our Website may automatically log the standard Usage Data provided by Your web browser. This data is considered non-identifying information, as it does not personally identify You on its own, and we do nothing to try to identify You from this data. It may include Your computer's Internet Protocol (IP) address, Your browser type and version, the pages You visit, the time and date of Your visit, the time spent on each page, and other details.

We may also collect data about the Device You are using to access Our Website. This data may include the device type, operating system, the type of mobile Internet browser You use, unique device identifiers, the IP address of Your mobile device, device settings, and geo-location data. What we collect can depend on the individual settings of Your device and software. We recommend checking the policies of Your device manufacturer or software provider to learn what information they make available to us.

Tracking Technologies and Cookies

Many websites use Cookies and similar tracking technologies to track a wide variety of user activity on the website. Our Website uses cookies for one very restricted purpose that is strictly necessary to the functioning of the website: if You are an Aloha Bay Wholesaler who has logged into his or her Retailer Account, cookies are used to remember that, so that our product pages show You discounted prices and enable special volume purchases. Anyone not logged in to a Retailer Account, sees the ordinary prices and has no access to special volume purchases.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You are an Aloha Bay Wholesaler and You do not accept Cookies, You will not be able to receive Wholesaler discounts and You will not be able to make special volume purchases using Our Website.

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.

Our Website uses session Cookies only for the restricted purposes we have described: enabling Aloha Bay Retailers to see a different version of each of our product pages (with different price options), and to enable retailers to have access to special pages and materials.

Note: Distinct from Our Website, our ecommerce service provider, Americommerce, also uses session Cookies when you are on their website (e.g., on their shopping cart page or their checkout page) to keep track of the details of Your order.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To maintain and improve Our Website, assisted by monitoring the usage of Our Website by our site visitors.

• To manage Your Retailer Account – to manage Your registration as a Aloha Bay Wholesaler user of Our Website. The Personal Data You provide can give You access to different functionalities of Our Website that are only available to You as a registered user.

• To enable a purchase of any products You have purchased through Our Website.

• To contact You by email, telephone calls, or other forms of electronic communication.

• 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 Us.

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 Website, to contact You, to acquire Your order from You (through ecommerce functions such as "add to cart"), to process Your payment for Your order, or to deliver Your order to 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.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain Your data to comply with applicable laws, e.g., the laws associated with an IRS audit), resolve disputes, and enforce our legal agreements and policies.

To fulfill Your order, we do not store Your payment card details on our computers or in any electronic form; this prevents any security breach via the Internet. Instead, staff members read your payment information from the PCI-certified website of our ecommerce service provider (Americommerce) and directly enter it into the PCI-certified "virtual terminal" website of our payment processor (Sage/Paya).

The Company will also retain Usage Data for internal analysis purposes, and improvement of Our Website and our business.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating office in Lower Lake, and in any other places where service providers 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 Company 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 organization 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 Company 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 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 Our Website
• Protect the personal safety of Users of Our Website or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us. For this reason, every page on Our Website is secured with the Secure Sockets Layer (SSL) protocol. In particular, all Personal Data entered into any form on Our Website is encrypted. The encryption process protects Your Personal Data by scrambling it before it is sent to us from Your computer.

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.

Service Providers

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You, including:

• Constant Contact

  Constant Contact is an email marketing service provided by Constant Contact, Inc.

  For more information on the privacy practices of Constant Contact, please visit their Privacy policy: https://www.constantcontact.com/forward/privacy-center

Ecommerce, Payment Processing, and Ecommerce Accounts

Our Website provides products for purchase. For this reason, we use third-party services for ecommerce functions and payment processing.

Our Website makes use of the following third-party service for ecommerce functions (including shopping cart, checkout, and ecommerce accounts for returning customers):

• Americommerce

  AmeriCommerce is PCI-certified, ensuring the security of data in the shopping cart, the checkout process, and Americommerce's data center.

  For more information on the privacy practices of Americommerce, please visit their Privacy policy:
  https://www.americommerce.com/privacy-policy

Our Company's operating office in Lower Lake makes use of the following third-party service for payment processing of Your order on Our Website:

• Paya Virtual Terminal

  Paya Virtual Terminal is located on the Sage website, https://sageterminal.net. Paya is PCI-certified, ensuring the security of data entered in their Virtual Terminal.

  For more information on the privacy practices of Paya, please visit their Privacy policy:
  https://paya.com/privacy-policy/

  For more information on the privacy practices of Sage, please visit their Privacy policy:
  https://www.sage.com/en-us/legal/privacy-and-cookies/

Shipping

We may use Your Personal Data to ship to You an order You placed through Our Website. We may use Shipping Services to deliver our orders, including:

• UPS

  For more information on the privacy practices of UPS, please visit their Privacy policy: https://www.ups.com/us/en/help-center/legal-terms-conditions/privacy-notice.page
  and their additional page, "Your California Privacy Rights":
  https://www.ups.com/us/en/help-center/legal-terms-conditions/privacy-notice.page#Your+Options

CCPA Privacy Rights

Your Data Protection Rights under the CCPA

Under this Privacy Policy, and by law if You are a resident of California, You have the following rights:

• The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.

• The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party's direct marketing purposes.

• The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. (In our case, we do not sell or rent Your personal data to marketers or third parties.)

• The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:

  • The categories of Personal Data collected
  • The sources from which the Personal Data was collected
  • The business or commercial purpose for collecting or selling the Personal Data
  • Categories of third parties with whom We share Personal Data
  • The specific pieces of Personal Data we collected about You

• The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months.

• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer's rights, including by:

  • Denying goods or services to You
  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
  • Providing a different level or quality of goods or services to You
  • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact us:

• by using the forms on the Contact Us page on Our Website:
  https://alohabay.com/contact/index.php

• by mail:
  ALOHA BAY
  P.O. Box 539
  Lower Lake, CA 95457

The Company will disclose and deliver the required Personal Data free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when this is reasonable and necessary, and with prior notice. If You request Your Personal Data to be deleted, we will erase it from our system within 45 days.

Sale of Your Personal Data

We do not sell or rent Your personal data to marketers or third parties. The Service Providers we partner with — Constant Contact, Americommerce, Paya/Sage, and UPS — also do not sell or rent Your personal data to marketers or third parties.

"Do Not Track" Policy

In compliance with CalOPPA (California Online Privacy Protection Act), we describe our "Do Not Track" Policy.

Our Website does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Children's Privacy

Our Website does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. 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 without verification of parental consent, We take steps to remove that information from Our servers.

We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of Our Website to these users.

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.

Limits of Our Policy

This Privacy Policy only covers our own collecting and handling of data. We only work with partners, affiliates and third-party providers whose privacy policies align with ours. However, we cannot accept responsibility or liability for their respective privacy practices.

Our Website 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. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices. We strongly advise You to review the Privacy Policy of every site You visit.

Note: Most site visitors who place an order through Our Website are alternating between the pages on Our Website and pages on the website of our ecommerce service provider, Americommerce. When you visit a product page, you are on Our Website. When you visit the shopping cart page or the checkout page, you are on the Americommerce website, and are subject to Americommerce's Privacy Policy.

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 (if You have added Yourself to our mailing list) and/or via a prominent notice on Our Website, prior to the change becoming effective and we will update the "Last updated" date and time at the top of this Privacy Policy page.

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.

Contact Us

If You have any questions about this Privacy Policy, You can contact us:

• by using the forms on the Contact Us page on Our Website:
  https://alohabay.com/contact/index.php

• by mail:
  ALOHA BAY
  P.O. Box 539
  Lower Lake, CA 95457