PRIVACY & SECURITY

Thank you for visiting the Pacific Whale Foundation™ and PacWhale Eco-Adventures™ website located at www.pacificwhale.org (the “Site”). The Site is an Internet property of Pacific Whale Foundation and PacWhale Eco-Adventures (collectively, “Company” “we,” “our” or “us”). The following Pacific Whale Foundation™ and PacWhale Eco-Adventures™ Website Privacy Policy (“Privacy Policy”) sets forth our policy with respect to the collection, storage and usage of your “Personal Data.” For purposes of this Privacy Policy, “Personal Data” means any information concerning the personal or material circumstances of an identified or identifiable individual. This includes information such as your name, your address, your phone number and your email address.

Users with disabilities who wish to access this Privacy Policy in an alternative format can contact us by calling us at: (808) 249-8811; emailing us at: reservations@pacificwhale.org; or sending us U.S. mail to: Pacific Whale Foundation, 300 Maʻalaea Road, Suite 211, Wailuku, HI 96793.

Please note, Company is considered the “Data Controller” in connection with the Personal Data collected pursuant to this Privacy Policy for purposes of applicable data protection laws, including the General Data Protection Regulation (“GDPR”).

We collect Personal Data that you provide to us, e.g. during the registration and check out process, to fulfill your request to receive additional information and promotions or for the purpose of handling the contractual relationship that you have with Company. We also collect personal information from you passively. We use tracking tools like browser cookies and web beacons to provide and support our Site. Third-party analytics services may use cookies and web beacons through our Site to provide us with information about how you use and interact with our Site and, where we have your consent, to deliver advertisements to you. Cookies help us to track your use of the Site and enable us to recognize you when you return to the Site so that you do not need to input your log in information during each visit. Cookies are also used for security purposes and help us to detect certain kinds of fraud.

We only use and store your Personal Data if we have a legal basis for doing so, including where you have given us your express consent, where we have a legitimate business interest or pursuant to the contractual relationship between you and Company.

This Privacy Policy covers our treatment of Personal Data and other information that we collect when you: (a) access or use the Site; (b) access and/or download any of the blog posts, events calendar, publications, guides, text, audio, video, photographs, graphics, artwork, testimonials and/or other content featured on the Site (collectively, “Content”); (c) register to receive the Company newsletter or other promotional information about the Company’s offerings (“Newsletter”); (d) access text, video, links and/or other information pertaining to career opportunities with Company including, where available, job listings (“Careers Content”); (e) access links to Pacific Whale Foundation’s™ social media pages/accounts on third-party social media websites, such as Facebook®, Instagram®, TripAdvisor®, Twitter®, Yelp® and YouTube® (collectively, “Social Media Pages”); (f) access links to third-party environmental and other resources and/or information (“Third-party Links”); (g) purchase Company and third-party merchandise featured on the Site (collectively, “Merchandise”); (h) make a donation to the Pacific Whale Foundation™ (“Donation Services”); (i) book a cruise or eco-outing as offered by PacWhale Eco-Adventures™ (“Booking Services”); and/or (j) purchase a Pacific Whale Foundation™ membership (“Membership” and together with the Site, Content, Newsletter, Careers Content, Social Media Pages, Third-party Links, Merchandise, Donation Services and Booking Services, the “Site Offerings”).

IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.

Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). TripAdvisor® is a registered trademark of TripAdvisor, Inc. (“TripAdvisor”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Yelp® is a registered trademark of Yelp, Inc. (“Yelp”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that Company is not in any way affiliated with Facebook, Google, TripAdvisor, Twitter or Yelp, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.

Shine the Light. Company will never share, sell, rent, exchange or barter your Personal Data to or with any third-party for financial gain or marketing purposes. Nevertheless, we may, in certain limited instances, share your Personal Data with third parties who perform administrative functions on our behalf. If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: Reservations@pacificwhale.org; call us at: (808) 249-8811; or send us U.S. mail to: Pacific Whale Foundation, 300 Maʻalaea Road, Suite 211, Wailuku, HI 96793.

California Consumer Privacy Act of 2018 (“CCPA”). In addition to the foregoing, if you are a resident of the State of California certain other privacy-related rights may apply to you in accordance with the CCPA, including the right to opt-out of our sale of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our “Privacy Provisions for California Residents” below for a more complete description of your rights under the CCPA as a California resident.

Below are links to key sections of our Privacy Policy:

Your Nevada Privacy Rights

Personal Data Collected

Use and Sharing of Personal Data

Non-Personal Data Collection and Use

Behavioral Tracking

Security of Your Personal Data

Children’s Privacy

Opt-Out/Unsubscribe

Individual Rights: Deleting, Modifying and Updating Your Personal Data

Changes to this Privacy Policy

Contact Us

If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please call us at: (808) 249-8811; e-mail us at: reservations@pacificwhale.org; or send us U.S. mail to: Pacific Whale Foundation, 300 Maʻalaea Road, Suite 211, Wailuku, HI 96793.

Please see our Privacy Provisions for California Residents below for additional details regarding the categories of Personal Data collected.

We collect Personal Data when you access certain of the Site Offerings and complete the required information request form and/or otherwise provide such information to us. The information that you must supply on the applicable form may include, without limitation: (a) your name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your credit card information (where purchasing Merchandise, using the Donation Services, using the Booking Services and/or purchasing a Membership); and/or (f) any other information requested by us on the applicable registration form. For purposes of this Privacy Policy, item (e) in the preceding sentence shall be considered “Sensitive Information.”

Please see our Privacy Provisions for California Residents below for details regarding our use and sharing of Personal Data.

Company will never share, sell, rent, exchange or barter your Personal Data to or with any third-party for financial gain or marketing purposes. By making that Personal Data available Company, you grant Company the right, subject to applicable law, to use that Personal Data (other than Sensitive Information) to contact you by telephone and email regarding your use of the Site Offerings (including in connection with the Booking Services, Membership, Donation and/or purchase of any Merchandise). If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message or see the “Opt-Out/Unsubscribe” section below.

We will also use your Personal Data for customer service, to provide you with information that you may request, to customize your experience with the Site Offerings and/or to contact you when necessary in connection with your use of the Site Offerings. We may also use your Personal Data for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users’ Personal Data solely as needed to perform these functions for us, but we do not permit them to use user Personal Data for other purposes.

At times, we may want to contact you via telephone regarding your use of the Site Offerings. To enable us to contact you by telephone regarding your use of the Site Offerings, you agree that by submitting your Personal Data by and through the Site Offerings, and where you provide your consent as required under the GDPR, such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

At times, we may want to contact you via your mobile device regarding your use of the Site Offerings. To enable us to contact your mobile device, you agree that, where you provide your consent as required under the GDPR, and where you have provided your “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Site Offerings, and your consent simply allows Company to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Company of the Phone Number Change via e-mail at: Reservations@pacificwhale.org, or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past Personal Data, including Sensitive Information: (i) in the event that we believe that the Site Offerings are being or have been used in material violation of the Site’s Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Data pursuant to a subpoena; (iii) to comply with a legal obligation, including sharing your name/e-mail address with third-parties to assist you with your opt out requests in compliance with applicable law, including the GDPR and the CAN-SPAM Act of 2003, as amended from time-to-time; (iv) to protect and defend the rights or property of Company and/or its users; (v) to act in urgent circumstances to protect the personal safety of our users or the public; or (vi) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Company is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Data, as well as any choices that you may have regarding your Personal Data.

Company utilizes third-party service providers to provide credit card payment processing services. If you choose to purchase Merchandise, a Membership, use the Booking Services and/or make a donation using the Donation Services, the credit card information provided will either be collected directly by such third-party service provider, or we will share that payment information with our contracted third-party service provider(s). Company requires that its third-party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party payment processing service provider(s).

If you engage in any interaction with Company, other users or any third-party on any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Company responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Company’s social media accounts. We are not responsible for the personal information that you choose to submit on any Social Media Websites.

In addition, the Site contains Social Media Website widgets and buttons (“Widgets”), such as the Facebook® and Twitter® share buttons. These Widgets may collect your IP address, as well as which page you are visiting on our Site, and may set a Cookie on your browser to enable the Widget to function properly. The Widgets are owned and operated by the applicable Social Media Websites. The Social Media Websites operate independently from Company, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices.

Your interactions with the Social Media Pages and Widgets are governed by the privacy policies of the applicable Social Media Websites. We encourage you to review the privacy policies and settings of the Social Media Pages and/or Widgets with which you interact to help you understand those Social Media Websites’ respective privacy practices. If you have questions about the security and privacy settings of any Social Media Pages and/or Widgets that you use, please refer to the applicable Social Media Website’s privacy notices or policies.

Please see our Privacy Provisions for California Residents below for more details regarding the categories and types of non-Personal Data collected.

We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.

When a user visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable user’s computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Site Offerings, including for storing user preferences and tracking Site-user trends (such as pages opened and length of stay at the Site).Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a user rejects a Cookie, he or she may still use the Site Offerings; provided, however, that certain functions of the Site Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.

Other than as expressly set forth in this paragraph, neither Company, nor any third-party, uses Cookies, pixels and other tracking technology on the Site for purposes of tracking users’ activities after they leave the Site. Only where you have provided your affirmative express consent, when you visit the Site, we may use cookies, pixels and other tracking technology for purposes of serving you Company-related advertisements after you leave the Site and visit social media websites including, without limitation, Facebook®, as well as websites that run Google® advertising applications. You may be able to opt out of some of this tracking by utilizing the options associated with Google Ads®, by Clicking Here. You can opt-out of all of this tracking by contacting us at: Reservations@pacificwhale.org. Users may also be able to disable some or all of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers.

Company tracks users’ use of the Site Offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your Site Offerings experience. Company may collect certain of your personal information across various devices. If you would like to opt-out of having your use of the Site Offerings tracked across multiple devices, please e-mail us at: Reservations@pacificwhale.org. Please be advised that where you opt-out of having your use of the Site Offerings tracked across devices, you may need to upload certain information multiple times and/or input your log-in information multiple times.

Company reserves the right to transfer and/or sell aggregate or group data about users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Site Offerings users as a group, without disclosing personally identifiable information.

The Site may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites. Company is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Company has no responsibility or liability relating to them.

We endeavor to safeguard and protect our users’ Personal Data. When users make Personal Data available to us, their Personal Data is protected both online and offline (to the extent that we maintain any Personal Data offline). Where our registration/application process prompts users to enter Personal Data, and when we store and transmit such Personal Data, that information is encrypted with advanced TLS (Transport Layer Security).

Access to your Personal Data is strictly limited, and we take reasonable measures to ensure that your Personal Data is not accessible to the public. All of our users’ Personal Data is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need the Personal Data to perform a specific job are granted access to Personal Data. Our employees are dedicated to ensuring the security and privacy of all user Personal Data. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store Personal Data on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Data under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Data, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Data; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Data will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless network, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Data. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Visitors under eighteen (18) years of age are not permitted to use and/or submit their Personal Data at the Site. Company does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Company encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Please see our Privacy Provisions for California Residents below for instructions on how California Residents can opt-out of the sale of their Personal Data to third parties.

To opt-out of receiving e-mail communications from us, you can follow the instructions at the end of the applicable e-mail message or e-mail us at: Reservations@pacificwhale.org. To restrict the processing of your Personal Data, please e-mail us at: Reservations@pacificwhale.org.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to: (a) the fulfillment of our contractual relationship (including in connection with your purchase of a Membership, purchase of Merchandise, use of the Donation Services and/or use of the Booking Services); (b) your request for Site Offerings; and (c) to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from Company, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to Company, as applicable.

Please see our Privacy Provisions for California Residents below for instructions on how California Residents can access and/or delete Personal Data that we have collected.

At your request, we will: (a) inform you of what Personal Data we have on file for you, in a machine-readable format; (b) amend the Personal Data that we have on file for you; and/or (c) completely remove Personal Data that you have provided to us, or that we have collected, from our servers/databases. You may make such a request by e-mailing us at: reservations@pacificwhale.org. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.

Please be advised that deleting your personal information may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the personal information that we have on file for you.

Company reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use Personal Data changes, Company will notify users by: (a) sending the modified policy to our users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

If you have any questions about this Privacy Policy, you can utilize the options made available on the Site’s “Contact Us” page, or e-mail us at: Reservations@pacificwhale.org; call us at: (808) 249-8811; or send us mail to: Pacific Whale Foundation, 300 Maʻalaea Road, Suite 211, Wailuku, HI 96793.

Filing a Complaint with the Federal Trade Commission

To file a complaint regarding our privacy practices, please Click Here.

The security of your payment information is important to us. We use industry standard encryption technology to make the transfer of data secure for all our ecommerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read while in transit. Your credit card information is not stored on the Site’s server(s).

Authorize.Net Merchant

We are proud to display the Authorize.Net Verified Merchant Seal on the Site. Our customers can be confident that their ecommerce transactions on the Site are being processed securely by Authorize.Net, one of the most trusted names in the online payments industry. Click on the seal on the right to verify our active status.

THIRD-PARTY SECURITY TESTING

As part of our continued emphasis on security, the Site undergoes third-party scanning and testing of our servers. Please click the Security Metrics badge on the right to learn more about how we keep your information secure by meeting PCI data security requirements.

These Privacy Provisions for California Residents (“Provisions”) supplement, and do not limit in any way, the Privacy Policy set forth above. These Provisions apply solely to residents of the State of California (“CA Users”). We adopt these Provisions in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in these Provisions. Users with disabilities who wish to access these Provisions in an alternative format can contact us by calling us at: (808) 249-8811; emailing us at: reservations@pacificwhale.org; or sending us U.S. mail to: Pacific Whale Foundation, 300 Maʻalaea Road, Suite 211, Wailuku, HI 96793.

Categories of Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular CA User or device (“personal information”). In particular, we have collected the following categories of personal information from CA Users within the last twelve (12) months:

• Publicly available information from government records.
• De-identified or aggregated CA User 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; and
  • 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 Driver’s Privacy Protection Act of 1994.

• Directly from our CA Users. For example, from online registration forms that our CA Users submit to us related to the products and/or services that we (and our third party service providers) offer by and through the Site. (Categories A, B, C and D)
• Indirectly from our CA Users. For example, through information we collect from our CA Users in the course of providing our products and/or services to them. (Categories A, B, C, D and F)
• Directly and indirectly from activity on the Site. This includes the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet Service Provider. In addition, we obtain certain Site usage details and analytics as same are collected automatically by us and our third party partners. (Category F)
• From surveys and other questionnaires that we ask CA Users to complete. (Categories A, B, C and D)
• From third-parties that interact with us in connection with the products and/or services that we offer to our CA Users. For example, third party entities that assist us in sending direct and electronic mail, removing duplicate information from CA User lists, analyzing data and providing marketing analysis. (Categories A, B, C and D)

Use of Personal Information

We may use or disclose the personal information that we collect for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis):

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in connection with your request for information regarding tour/travel opportunities, as well as information regarding the other products and/or services featured on the Site, we will use that personal information to better provide you with the requested information. (Categories A, B, C, D and F)
• To provide you with information, products or services that you request from us. (Categories A, B, C, D and F)
• To create, maintain, customize and secure your account with us. (Categories A, B, C, D and F)
• To provide you with e-mail, direct mail and telemarketing messages concerning certain Company products and/or services, as well as third-party products and/or services, that we believe may be of interest to you. (Categories A, B, C, D and F)
• To deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. (Categories A, B, C, D and F)
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the Site’s Terms and Conditions. (Categories A, B, C, D and F)
• To improve the Site and better present its contents to you. (Categories A, B, C, D and F)
• For customer service purposes and to respond to inquiries from you. (Categories A, B, C and D)
• For testing, research, analysis and product development. (Categories A, B, C, D and F)
• As necessary or appropriate to protect our rights, property or safety, and that of our clients or others. (Categories A, B, C, D and F)
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Categories A, B, C, D and F)
• As described to you when collecting your personal information or as otherwise set forth in the CCPA. (Categories A, B, C, D and F)
• 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 information held by us is among the assets transferred. (Categories A, B, C, D and F)

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you with notice.

Sharing Personal Information

We may share your personal information with third parties for the business purposes set forth above.

When we disclose personal information to a third party service provider or other entity, we enter into a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract. Please note, we do not collect information from CA Users that we actually know are less than eighteen (18) years of age and we do not share or sell the personal information of CA Users that we actually know are less than eighteen (18) years of age. Without limiting the foregoing, we have not shared or sold the personal information of CA Users that we actually know are less than sixteen (16) years of age in the preceding twelve (12) months.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Commercial information.
Category D: Protected classification characteristics under California or federal law.
Category F: Internet or other similar network activities.
Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis):

• Service providers. (Categories A, B, C, D and F)
• Third parties to whom you authorize us to disclose your personal information in connection with the products and/or services that we provide to you. (Categories A, B, C, D and F)

In the preceding twelve (12) months, we have not sold personal information to third parties.

Your Rights and Choices

The CCPA provides CA Users (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Opt-Out from the Sale of Your Personal Information

We do not sell your personal information to third parties. If we determine in the future that we would like to sell your personal information, we will only do so when you affirmatively opt-in to such sales, and we will provide you with the means to opt-out of such sales as required by the CCPA.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable CA User request, we will disclose to you:

• The categories of personal information we collected about you.
• The specific pieces of personal information we collected about you (also called a data portability request).
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we have disclosed that personal information.
• A list identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable CA User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech rights, ensure the right of another CA User to exercise their free speech rights or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with CA User expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability and Deletion Rights

To exercise your access, data portability and/or deletion rights described above, please submit a verifiable CA User request to us by either:

• Clicking here
• Calling us at: (808) 249-8811;
• Emailing us at: reservations@pacificwhale.org; or
• Sending us U.S. mail to: Pacific Whale Foundation, 300 Maʻalaea Road, Suite 211, Wailuku, HI 96793.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable CA User request related to your personal information.

You may only make a verifiable CA User request for access or data portability twice within a 12-month period. The verifiable CA User request must:

• Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable CA User request does not require you to create an account with us. We will only use personal information provided in a verifiable CA User request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to all verifiable CA User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12) month period preceding the receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable CA User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; and/or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to these Provisions

We reserve the right to amend these Provisions in our discretion and at any time. When we make changes to these Provisions, we will notify you by email or through a notice on the Site’s homepage.

Contact Information

If you have any questions or comments about these Provisions, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by either:

• Calling us at: (808) 249-8811;
• Emailing us at: reservations@pacificwhale.org; or
• Sending us U.S. mail to: Pacific Whale Foundation, 300 Maʻalaea Road, Suite 211, Wailuku, HI 96793.