Privacy Policy and Terms of Service
Privacy and Cookies Policy
This document sets out the Privacy and Cookies Policy ("The Policy") of Honua Hawaiian Skincare, LLC ("Honua") and explains how we use your information collected through www.honuaskincare.com (“Website”).
This Privacy and Cookies Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. We respect your privacy and comply with the General Data Protection Regulation (GDPR). Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. Your use of our website constitutes your acceptance of The Policy and your consent to the practices it describes.
Information we may collect from you
We may collect and process the following information:
- Non-Personal Identifiable Information
- Personally Identifiable Information
Below we detail why we collect this information and what we may do with it.
Non-Personal Identifiable Information
When you visit the Website or use our affiliated applications, with the help of our third party authorized agents, we may collect certain anonymous information about your visit, including:
- when you browse the Website we may monitor statistics including but not limited to the number of people that visit the Website, peak hours of visits, from which domain our visitors come (e.g., aol.com, hotmail.com) and which browsers people use to visit the Website (e.g., Google Chrome, Microsoft Internet Explorer), geographical information, etc.
- we may also collect information about your browsing behavior, such as the date and time you accessed the Website, the areas or pages of the Website that you visit, the amount of time you spend viewing the Website, the number of times you return to the Website and other related information.
All of this information helps us to build a better experience for you.
Personally Identifiable Information
Personally identifiable information is any information about you as an individual, such as your name, address, telephone number, credit card number and billing information, email address, profile information and purchase history. Whether or not you provide your personally identifiable information to us is up to you, but if you choose not to provide the information we request, you may be unable to use some of our services.
Below are some examples of WHEN and WHY we may collect personally identifiable information from you.
- Purchases. When you place an order through the Website, we require that you provide your name, email, shipping/billing address, phone number, credit card number and its expiration date in order to process and track your order. We may also maintain a record of your product purchases. The information you provide is used to process your order and ensure it is delivered to you. We may also use purchase history to send you relevant emails if you have subscribed to receive our emails. We collect your email address and telephone number so we can let you know details about your order and when it has been shipped.
- Credit Card and Payment Details. Credit card and payment details are processed by Apple Pay, PayPal, or Stripe. We do not store your payment details.
- Fulfillment. We sometimes use a third party to fulfill online orders which means your order details may be passed to this third party. These details include order number, name, email address, telephone number, billing address, shipping address, the contents and value of the order, the date and time the order was placed. This information is used to identify the best delivery method and to ensure your order is delivered to you as requested.
- Creating an Account. When you create an account on the Website, we ask for your full name and email address. We also ask you to create a password to access your account. You are responsible for maintaining the confidentiality of your account and password. You may not need an account to make an online purchase, but you will need to create an account to use some of the other features on our website. Any information you submit in a user comment to be posted on our website (such as comments on our blog, reviews or comments, questions or answers), including any personally identifiable information, will not be treated as confidential and may be publicly disclosed.
- Sign-up for our newsletter. You can sign up on the Website or on a sign-up form to receive promotional emails from us. If you sign up to receive our emails, we will ask for your name and email address. If you no longer wish to receive marketing emails from us, you can unsubscribe at the bottom of every email, or you can contact us at info@honuaskincare.com and we can unsubscribe for you. Our mailing list is managed and securely stored by SmartrMail.
- Competitions, Polls and Promotions. If you enter a competition, poll or other promotion, we may ask you for your name, date of birth, email, country/county of residence and other demographic information. We may sometimes use a third party application on Facebook or other third party websites to host a competition, polls and promotions. In those instances, the information you provide will be submitted to that third party and their privacy policy will govern the use and disclosure of the information you submit.
- Feedback. If you contact us to give us feedback or ask questions about the Website or any products, we may store your communications, including any personally identifiable information you include in them, so we can effectively respond to you.
- Facebook Messenger. If you place an order via Facebook Messenger, Facebook may collect and store some of your information, including name, address, billing information, products ordered, etc. Please contact Facebook directly for questions about their Privacy Policy.
Marketing
We may use your information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive marketing messages from us if you have requested information from us or purchased goods from us and, in each case, you have opted into receiving that marketing.
We may also market to you if we have received your express consent to do so including where we have collected your details in connection with a competition or other promotion and you have agreed to receive marketing from us.
You can stop receiving marketing messages from us at any time.
You can do this:
- by clicking on the ‘unsubscribe’ link within an email to unsubscribe from that specific email type
- by contacting us at info@honuaskincare.com
Once you do this, we will update your profile to ensure that you don’t receive further marketing messages.
Stopping marketing messages will not stop service communications (such as order updates).
Third-party marketing
Our policy is to not share or sell your data.
Cookies
Honua may use cookies to store information about your visit that we can access when you return to our site in future. These cookies help us to improve our site and deliver a better and more personalized service. They enable us to:
- estimate our audience size and usage pattern,
- store information about your preferences and so allow us to customize our site according to your individual interests,
- recognize you when you return to our site,
- we may collect information about your computer, including where available your IP address, operating system and browser type, for system information and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.
The cookies that we use can be categorised as follows:
Strictly necessary cookies
These cookies are essential in order to enable you to move around our Website and use its features, such as accessing secure areas of our Website. Without these cookies services you have asked for, like shopping baskets or e-billing, cannot be provided.
Performance cookies
These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.
Honua uses services from Google Analytics to record page views, navigation paths and other details of your visit so that we may improve the way our website operates.
Targeting cookies or advertising cookies
These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information is shared with other organisations such as advertisers.
From time to time, Honua may employ a third-party advertising services such as Google Ad Words, or similar services in order to target relevant advertisements to you across their networks.
Honua may also offer integrated Social Media tools for services such as Facebook, Twitter, YouTube, Google+ and Pinterest to allow our users to share products and pages of the website with their friends. Each of these third-party services may utilize cookies to record whether you are logged into their service and the interactions that you undertake while browsing the Website.
Managing cookies
Your continued use of our site constitutes your consent to accept these cookies and data collection, however, you can set your internet browser to reject all cookies, or to notify you when a cookie is set. You should consult the Help section of your browser to learn how to change your cookie preferences. You may also find instructions on how to do this at www.allaboutcookies.org/manage-cookies
Disclosure of your information
You have the right to ask us not to process your personal data for marketing purposes. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us at info@honuaskincare.com
We do not sell, distribute or lease any of your personal data to any third party – including your name, address, email address or purchase history, unless we have your permission or are required by law to do so.
When you share your data with Honua, you can trust that it will stay safe. However, we may share your data with the following categories of companies as an essential part of running our business:
- companies that do things to deliver your Honua items to you, such as payment service providers, warehouses, order packers, and delivery companies.
- professional service providers, such as marketing agencies, advertising partners and website hosts who help us run our business.
- we may provide third parties with aggregated but anonymized information and analytics about our customers and, before we do so, we will make sure that it’s not identifiable.
We may also disclose your information to third parties:
- if we sell or buy any business or assets, in which case we may disclose our personal data to the prospective buyer or seller of such business or assets;
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Honua, our customers or others. This includes exchanging information with other companies for the purposes of fraud protection and credit risk reduction.
Links to other websites
This Website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites and such sites are not governed by this Privacy and Cookies Policy. You should exercise caution and look at the privacy policy applicable to the website in question.
Data Subject Access Requests
We would gladly assist in any data subject access requests free of charge.
Data subject access requests must be made in writing and we advise emailing info@honuaskincare.com to ensure action is promptly taken.
Please include the following:
- Full Name
- Email Address
- Billing Address
- Details of the specific information you require and any relevant dates
- We may ask for further information to identify you and ensure the personal data relates to the individual making the request.
We will respond within one month of receiving the information we require to carry out your request.
Changes to this Privacy and Cookies Policy
We are constantly looking for new ways to improve this Website. We may amend this Privacy and Cookies Policy from time to time. All such changes will take effect once they have been posted on the site and you will be deemed to have accepted any such changes by your use of the site from time to time. This Privacy and Cookies Policy was last updated on May 25, 2018.
Contact us
Please contact us if you have any questions regarding this Privacy and Cookies Policy or about any information we hold about you by emailing us at info@honuaskincare.com. You can also send a letter by mail to: Honua Hawaiian Skincare, 1007 W. College Ave #541, Santa Rosa, CA 95401.
We want to make sure that your information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate by contacting us at info@honuaskincare.com.
Terms of Service
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Honua Hawaiian Skincare (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at nicole@honuaskincare.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Santa Rosa, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Honua Hawaiian Skincare’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.