Privacy Policy

Effective/Updated as of July 22, 2019

Table of Contents:

• Introduction
• Information we collect
• How we use your personal information
• How we disclose your personal information
• Your choices
• How we safeguard your personal information
• Applicable law
• California residents
• Individuals located in the EEA

The Koloa Rum Company (“KRC”) is committed to protecting the privacy of personal information that may be collected from you when you access this website, koloarum.com, or kukuibrand.com (collectively, the “Site”).

This Privacy Policy (“Policy”) is designed to describe how we collect, use, and disclose personal information that you may submit or that we may obtain when you visit this Site.

The terms of this Privacy Policy govern your use of this Site. By visiting the Site, you are indicating you understand that the collection, use, and sharing of your information is subject to this Policy (which includes our Cookie Policy.  Please read this Policy carefully before using the Site or submitting information to us. If you do not agree with this Policy, please do not use this Site.

Changes to this Policy. We reserve the right to change this Policy at any time. Any changes will be effective immediately upon posting to the Site and will apply to your use of the Site after the “effective date” listed above.  You understand and agree that your continued use of the Site after the effective date means that the collection, use, and sharing of your information is subject to the updated Policy.

Except to the extent we receive your authorization or as permitted or required by applicable law, we will handle your data in accordance with the terms of the Policy in effect at the time of the collection.

Contact Us. If you have any questions regarding this Policy, your privacy, or our policies in the event of a compromise of your information, you may contact us at:

privacycontact@koloarum.com

Koloa Rum Company
2-2741 Kaumualii Hwy., Ste. C
Kalaheo, HI, USA

Information We Collect. We may collect information from a variety of sources to operate the Site, carry out our business, comply with law and other purposes described herein.

Information You Provide.

When you contact us, request information, sign up for our newsletter or promotions, or report a problem on our Site, you may provide :

• Your name
• Email Address
• Address
• Phone number
• Date of birth

When you buy or receive products, you may provide:

• Your name
• Email Address
• Address
• Phone number
• Age
• Payment information (e.g. your payment card number, authentication information and other billing and account details)
• Marketing and communication preferences
• And other types of information that you choose to provide to us or that we may obtain about you.

You do not have to provide the above information to access or use the other sections of the Site.  At no time will we ask you to provide sensitive data (e.g., race, ethnicity, political opinions, religious/philosophical beliefs, trade union membership, physical/mental health, sexual orientation, or criminal record) in connection with your use of the Site.

Statistical Data.  To monitor utilization of the Site and continuously improve its quality, we may compile statistical information concerning the usage of the Site using analytics services, such as those provide by Google Analytics. Examples of this information would include: the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site, methods used to browse away from the page, and location information. The analytics services may transfer this information to third parties in case of a legal obligation or if a third party processes data on behalf of that service. To compile this information, we may collect and store:

• Your IP address
• Your operating system and platform
• Your browser type and version
• Time zone setting
• Browser plug-in types and versions
• The pages you visit within the Site
• Data provider
• The length of time you spend on pages within the Site
• The site from which you linked to ours
• Search terms you used in search engines which resulted in you linking to the Site, etc.

While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site, or that we may store about you for any other purposes. We may use this information to generate aggregate statistics about visitors to our Site. Please check your web browser if you want to learn what information your browser sends or how to change your settings.

Cookies and Similar Technology.  As detailed within our Cookie Policy we may use technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons to recognize you when you return to the Site and to help us improve the quality of our service when you visit our Site. We may also use cookies to tailor our products, services and advertising to suit your personal interests, estimate our audience size, track visits to and sales at our Site and, as applicable, and to process your order. We may allow third parties to use cookies, as described in our Cookie Policy.

You may control cookies, including preventing or stopping the installation and storage of cookies, through your browser settings and other tools.  If you do so, our Site may not function correctly. Please refer to the Help feature of your browser for information on disabling cookies.

IMPORTANT: By using the Site, you consent to the processing of any personal data for the analytics purposes and functions described above. 

How We Use Your Data. In general, we will use the information we collect about you only for the purpose it was collected, for compatible purposes, as permitted or required by law, as necessary to carry out our contractual duties and obligations, and as otherwise provided in this Policy. For example, we may use your data in the following ways:

• To process your payments for purchases.
• To provide our newsletter and other communications.
• To communicate with you, including sending messages about the availability of our Site, security, or other service-related issues. (You may change your communication preferences at any time. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.)
• For our research and development efforts. We use data, including public feedback, to conduct research and for the development of the Site and the services and products we provide to you.
• For other everyday business purposes. By way of example, payment processing and financial account management, product development, contract management, IT and website administration, fulfillment, analytics, fraud prevention, corporate governance, reporting and legal compliance.
• To ensure that content from our Site is presented most effectively to you and your computer.
• To provide you with information about events, products and promotions. For example, to send you newsletters and promotions using any communications preferences you have expressed. We may provide these communications via email, postal mail, online advertising, social media, telephone, text message (including SMS and MMS), push notifications, in-app messaging, and other means.
• To provide you, or permit selected third parties to provide you, with information, suggestions, and recommendations about events, products or services that we feel may interest you.
• To ensure your information is accurate and to personalize our products and services. We may rely on information from third parties in order to provide better, more personalized service.
• To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
• As part of our efforts to keep our Site safe and secure.
• To measure or understand the effectiveness of advertising that we provide to you and others, and to deliver relevant advertising to you.

We do not share your personal data with any third-party advertisers for their advertising.

Disclosure of Information. In general, we will not disclose your data except with your consent and as described in this Policy. We may disclosure your data for the same reasons that we may use it as described in this Policy, which includes disclosing it to our affiliates and non-affiliated third parties, as we deem necessary to carry out those purposes.

• Third Party Vendors. We may need to use or disclose this information with our group partners or third party vendors:
• With your consent or as you direct.
• To manage the Site.
• To improve and optimize our Site.
• To process payments and requests for products and services.
• To provide you with products, services, or offers.
• To engage in marketing activities.
• To enhance our services by, among other methods, obtaining assistance with providing more personalized services to you through analytics and other technologies (including, but not limited to, data storage, maintenance services, database management, web analytics and payment processing).
• To protect our interests and legal rights, such as through responding to subpoenas and defending litigation.
• To protect against and prevent fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities.

We endeavor to choose affiliates and non-affiliates with similar standards to ours regarding the protection of data.

• Legal Process, Security, Defense, Protection. It is possible that we will need to disclose information about you if required by law, subpoena, or other legal process.
• Additional disclosures. We may disclose information about you if we have a good faith belief that disclosure is reasonably necessary to:
• Demonstrate our relationship with you.
• Investigate, prevent, or take action regarding suspected or actual illegal activities or to assist law enforcement agencies.
• Protect the security or integrity of the Site.
• Investigate and defend ourselves against any third-party allegations or claims.
• Protect the rights and safety of others.
• Change in Control or Sale. We can share, sell, assign, or license your personal data in connection with certain business transactions, such as a sale, acquisitions, merger, or change in control, or in preparation for any of these events. In such cases, we will take appropriate steps under the circumstances and to the extent possible to ensure that the recipient agrees to provide privacy protections substantially similar to those established by this Policy. Any entity that acquires all or substantially all of the Company’s assets will have the right to continue using your data consistent with this Policy or as otherwise agreed to by you.

In no case will we sell or license your data to third parties, except as set forth above or as required or permitted by law.

Your Choices.

• Limiting Your Personal Information. You can always limit the information you provide to us, but if you choose not to provide certain requested information, you may be unable to access some of the services, offers, and content on the Site.

You may unsubscribe from any of our newsletters or other communications for which you have registered and opt out of receiving future marketing communications by following the instructions in the email to opt-out or clicking on the unsubscribe link within any email communication that you receive, or by sending a message to the contact listed below.

If you opt out of receiving communications from the KRC, we will not be able to provide you with information on our products or events.

• Modifying Your Personal Information. You may contact us to
• Update or correct your personal information on the Site or
• Delete information from our records, subject to certain limitations

by sending a message to privacycontact@koloarum.com.

Safeguarding of Information. No system for safeguarding personal or other information is 100% secure and even though we have taken steps to protect your personal information from being intercepted, accessed, used or disclosed by unauthorized persons, we cannot fully eliminate security risks associated with personal information.  However, we take a number of steps to safeguard the security of personal information obtained through the Site. For example, we have has implemented a security program that contains administrative, technical and physical controls that are designed to reasonably safeguard your data from unlawful use, unauthorized access or disclosure.  There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our administrative, physical, or technical safeguards. Additionally, we use Secure Socket Layer (SSL) data encryption when data is transmitted over the Internet to our Site.

Do Not Track.  “Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you.  However, because our Site is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests.

Links to Third Parties’ Sites.  We may provide links to websites or resources outside of our Site for your informational purposes only.  You acknowledge and agree we are not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such sites or resources.  We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any of your personal information that you provide or is collected by such sites.  We encourage you to review the privacy policies and terms and conditions on those linked sites.

Information of Children. The Site is not directed to children as the products and services on this Site are intended for persons 21 years of age and older. The Company does not knowingly collect, use or disclose any personal information from children. If we learn that Personal Data of persons less than 16 years-of-age has been collected through our Site, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or a minor under the age of 16 has posted, submitted or otherwise communicated Personal Data to our Site without your consent, then you may alert us at privacycontact@koloarum.com so that we may take appropriate action to remove the minor’s Personal Data from our systems. You may also use web-filtering technology to supervise or limit access to the Site.

Where We Store Your Personal Data. We generally store the Personal Data that you provide to us on servers located in the United States. If you are located in another jurisdiction, you should be aware that once your Personal Data is submitted through our Site, it will be transferred to our servers in the United States which may not have similar data protection laws to the country in which you reside.

Applicable law. This Policy is governed by the internal substantive laws of Hawaii, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Privacy Policy shall lie exclusively with the state and federal courts within Hawaii. If any provision of this Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect.

CALIFORNIA RESIDENTS.  If you are a California resident, please read the following:

• California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of the Company to third parties for the third parties’ direct marketing purposes. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities). You may submit your request using the contact information at the end of this Policy.
• If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California law permits you to request and obtain removal of content or information you have publicly posted. You may submit your request using the contact information at the end of this Policy. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

INDIVIDUALS LOCATED IN THE EEA.  If you are located in the European Economic Area, please read the following:

We make every attempt to process your personal data that we may collect through this Site in accordance with applicable law. In addition to the information provided above, individuals located in the European Economic Area should be aware of the following:

The Legal Basis for Collecting and Processing Your Personal Data.

We may collect and process your personal data where it is necessary for us to pursue our legitimate interests as a business, or those of a third party, for the following purposes:

• To verify the accuracy of data we have about you
• To let you know about our products, activities and events, to send you newsletters and email alerts relating to our Site and or its content
• To improve the service we offer you on our Site
• To conduct research and to compile management data
• To ensure effective functioning of our Site
• For Site administration including responding to inquiries or complaints
• For marketing and advertising activities (other than where we rely on your consent to contact you or share your details with third parties)
• For analysis and development of our marketing strategies
• To allow you to voluntarily participate in any interactive features of our services
• To prevent fraud and other criminal activities
• For network and information security
• For establishment and defense of our legal rights

We may collect and process your personal data where it is necessary to perform a contract with you including supplying/providing requested products or services.

Rights. Individuals located in the EEA may also have certain rights relating to the collection and processing of personal data through this Site, subject to limitations. With respect to these rights, we may ask for information to confirm your identity and or assist us in searching for your personal data. You may exercise these rights by contacting us at privacycontact@koloarum.com. Your rights may include:

• Accessing or requesting a copy of your personal data.
• Correcting or updating your personal data.
• Restricting the processing of your personal data.
• Objecting to or opting out of our use or processing of your personal data.
• Objecting to or opting out of our use or processing of your personal data for direct marketing purposes.
• Requesting the erasure of your personal data.
• Transferring your personal data in a commonly-used machine readable format to another data controller.
• Withdrawing your consent to the collection or processing of your personal data.
• Filing a complaint with the Supervisory Authority in your jurisdiction

Retention. We will store your Personal Data, in a form that permits us to identify you, for no longer than is necessary for the purpose for which the Personal Data is processed, subject to our legitimate business needs and legal obligations, or if it is not technically feasible to remove it.

Automated Decision Making or Profiling

We do not use your Personal Data to make automated decisions or to profile you.

The Transfer or Storage of Your Personal Data

The Personal Data that we collect from you may be transferred to countries outside the European Economic Area (“EEA”). This may happen where any of our servers or those of our third party service providers are located in a country outside of the EEA or it is processed by our staff or the staff of our third party service provider operating outside the EEA. These countries may not have similar data protection laws to the country in which you reside. If we transfer your personal data outside of the EEA we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected in accordance with this Policy. These steps may include imposing appropriate contractual obligations on the recipient of your personal data. If you are located in the EEA, you understand and consent to having your personal data processed outside of the EEA, including in the United States.

Individuals in the EEA may exercise any of these rights by contacting us at privacycontact@koloarum.com.