- What personal data we collect, including from our website, www.kona5k.com, (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;
- The rights and choices you may have, including with regard to access, correction and deletion of your data;
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
Failure to provide certain Personal Data may make it impossible for us and the Application to provide the services you are requesting.
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.
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://kona5k.com/terms-and-conditions.com 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.
WITH WHOM WE SHARE THE DATA
We are a provider of services headquartered in the United States. Access to the Data may be available to our affiliated companies (which are located in the United States) who may process data on behalf of the Controller-affiliate), data processors (within or outside your country of residence) such as employees involved with the processing, or to external parties providing services to the Data Controller, such as third party technical service providers, mail carriers, hosting providers, IT companies, communication agencies and payment card processors. The updated list of these parties may be requested from the Data Controller at any time.
We may disclose information (within or outside your country of residence) if we have a good faith belief that disclosure is necessary by law or the legal process, to protect and defend our or others’ interests or property, or to enforce agreements you enter into with us.
We may disclose your information to medical or rescue personnel and with our marine insurance policy in the event that you sustain physical injury while on a charter or cruise.
Your Data may be transferred to another company (within or outside your country of residence) in connection with a merger or in the event that our business is acquired in whole or part by another company.
We may share aggregated and de-identified information with third parties (within or outside your country of residence) for analytical, research or other similar purposes.
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 email@example.com
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
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons which requests we will do our best to honor subject to any legal and contractual obligations. Requests should be sent to the Data Controller at the contact information set out above.
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. To opt out of Google analytics, please see: https://tools.google.com/dlpage/gaoptout.
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 email@example.com with “California Privacy Rights” in the subject line.
Jurisdiction: The Application and our business is controlled and operated from the United States. If you are an individual from the European Union, Canada or any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that we may store the information we collect in the United States or in other countries where we or our third party service providers have operations. Personal data may also be transferred from the country of your residence to other countries, including the United States.
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).