Privacy Policy

Updated: March 7, 2020

This Application collects some Personal Data from its Users. This Privacy Policy describes the personal data handling policies of Marine Charters, LLC and each of its subsidiaries and controlled affiliates (collectively, the “Company”) as a data controller, including the following:

• What personal data we collect, including from our websites, including www.prideofmaui.com, www.prideofmaui.com/blog, www.mauiboattrips.com, www.mauiwhalewatching.com, www.snubamaui.com and www.savethereefs.com (collectively, 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;
• Your Privacy Rights, Choices and Disclosures, including those for Europe and California;
• Jurisdiction, links to other sites and Privacy Policy updates; and
• Definitions.

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.

The Application captures some information about you (or “User”) automatically utilizing background local storage and session storage technologies (“Cookies”). Examples of Usage Data collected in this way are your IP address, the browser you are using, the operating system you are using and the pages on the Site that you visit. You may refrain from providing, or withdraw, your consent for some Cookies via your browser and mobile settings.

We use Google Analytics, a Web analytics service of Google Inc. (“Google”) including its advertising features. Google Analytics uses cookies to identify the frequency of use of certain areas of our website and to identify preferences. The information regarding your use of this website that is generated by the cookie (including your truncated IP address) is transferred to a Google server in the United States and stored there. Google will use this information to analyze your use of the website, compile reports on website activity for us, and perform further services associated with website use and Internet use. Google may also transmit this information to third parties where required by law or to the extent that third parties process these data on behalf of Google.
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.

Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.

Failure to provide certain Personal Data may make it impossible for us and the Application to provide the services you are requesting.

We do not knowingly collect information from Users of our Application under the age of 18 and/or their internet usage, and such persons are not authorized to use the Application; provided, however that the User may provide information to us about children who are accompanying the User on a charter or cruise, and such information is used solely for the provision of the charter or cruise. If we obtain actual knowledge that a User is under 18, we will take steps to remove that User’s personal information from our databases. By using the Application, you are representing that you are at least 18 years old. You also represent, by accessing or using the Application, that you are of legal age to enter into legal agreements, or if you are not, that you have obtained your parent’s or legal guardian’s consent to accept the terms in this Privacy Policy.

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://www.prideofmaui.com/about/terms-and-conditions/ for more information on User content.

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.

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.

We may obtain your written consent from time to time in electronic form by using online agreements or other acknowledgements in the Application, including for any other contemplated uses of your Data not addressed in this Privacy Policy. Please read all online agreements carefully before accepting them.

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Data. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy. We may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.

We rely on the following legal grounds to process your Data:

Consent. We may use your Data as described in this Privacy Policy subject to your consent. To withdraw your consent, please contact us at [email protected]. You may also refrain from providing, or withdraw, your consent for some Cookies via your browser and mobile settings. See the section “Types of Data Collected” for opt out options and links.

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.

Legitimate Interests. We may use your Data for our legitimate interests to provide our products and services, to improve our products and services and the content on our Application, and to bring about or defend any legal actions regarding use of this Application or the services we provide. We may use technical information as described in this Privacy Policy and use Data for our marketing purposes consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable law.

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 protected].

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.

1. General.

This section is subject to specific disclosures on privacy rights set forth below. We are committed to facilitate the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale of your personal information (as applicable). We will do our best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, contact us at [email protected].

You may opt out of receiving electronic marketing communications from us by clicking on the “unsubscribe” link on the communication or contacting us at [email protected].

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.

2. Your European Privacy Rights and Choices.

If you reside or otherwise find yourself in the territory of Europe, your privacy rights under the European data protection law include:

• Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or need additional information you can contact us any time.
• Right of access, restriction of processing, erasure. You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal, ethical and contractual obligations. To make a request or to ask us a question about our data practices, please contact us via email at [email protected].
• Right to withdraw your consent at any time. When we process your personal data based on your consent, you have the right to withdraw it at any time.
• Right to object at any time. You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in commercial e-mails or by contacting us, as well as the right to object to any processing of your personal data based on your specific situation. In the latter case, we will assess your request and provide a reply in a timely manner, according to our legal, ethical and contractual obligations. Some non-marketing communications are not subject to a general opt-out, such as communications about transactions and disclosures to comply with legal or ethical requirements.
• Right to data portability. You have the right to data portability of your own personal data by contacting us.
• Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your personal data that may negatively impact you.
• Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according the European Privacy regulation, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.

3. California Disclosures

California Consumer Privacy Act Disclosures. The California Consumer Privacy Act is effective on January 1, 2020. As of that date, California residents have the right to request:

• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• The business or commercial purpose of collecting or selling personal information;
• The categories of third parties with whom we share or sell personal information;
• The categories of personal information about you that we have sold;
• The specific pieces of personal information we have collected about you.

Additionally, you have the right to request deletion of your personal information, the right to opt out of the sale of your information (if applicable) and the right not to be discriminated against for exercising any of your CCPA rights.

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 protected] with “California Privacy Rights” in the subject line.

California Do Not Track Disclosure: The Application recognizes “Do Not Track” browser signals, and we do our best to honor your preferences. Depending on the browser you are using, you may be able to choose to block third party cookies or browse in a private browsing mode. The Application is accessible even when private browsing is turned on. The information we collect is governed by this Privacy Policy.

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.

Links to Other Sites. The Application may contain links to other websites for your convenience or information. These websites may be operated by companies unaffiliated with us, and we are not responsible for the content or privacy practices of those websites. Linked websites may have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit the websites.

Changes to This Privacy Policy. The Data Controller reserves the right to make changes to this Privacy Policy at any time and without prior notice to you to reflect changes in our information practices. Your continued use of the Application after any changes to our Privacy Policy indicates your agreement with the terms of the revised Privacy Policy. If we make material changes to this Privacy Policy, we will notify you on this page, by email or by means of a notice on our home page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the top of this Privacy Policy. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request the Data Controller to erase such User’s Personal Data, which request we will do our best to honor, subject to our contractual and legal obligations. Unless stated otherwise, the then-current Privacy Policy applies to all Personal Data the Data Controller has about Users.

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 Processor: The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.

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).