Privacy Policy

Effective June 20, 2023

1. Scope of This Policy

Hawaiian Host, Inc. d/b/a Hawaiian Host Group, KOHO Chocolates LLC, and their related entities (individually and collectively, “HHG,” “we,” “us,” “our,” or other similar pronoun) respect your privacy and value your trust. The purpose of this Privacy Policy is to inform you of the treatment and handling of information that we may learn about you from using our websites, including hawaiianhostgroup.com, hawaiianhost.com, maunaloa.com, and kohochocolates.com (each, a “Site” and collectively, the “Sites”), and/or by use of any of our products or services (collectively, with the Sites, the “Service”). If you have any questions regarding this information or our privacy practices, please see the section entitled Contact Information at the end of this Privacy Policy.

2. Agreement to Terms

If you do not agree with the terms of this Privacy Policy or our Terms of Use located here, then you should immediately discontinue use of our Service without providing us any personally identifiable information.

3. Information We Collect

We may collect the following categories of personal information (a) directly from you (such as when you create an account, submit an order, or send communications to us), (b) from the device and browser that you use to access any of our Sites, (c) from cookies, or (d) from third parties such as social media networks (such as when you contact us via our social media profiles).

Identifiers

We may collect your name, age and birthdate, email address, account username and password, postal address, and phone number.

Financial and Transactional Information

We may collect your order history and purchasing tendencies as well as payment details (such as credit card or debit card information). We use certain authorized third parties to process payments on our behalf (e.g., Shopify) and your payment details will be processed by these third-party payment processors.

User-generated Content

We may collect information relating to the content you post to the Sites, such as product reviews (including images and videos) and questions and answers posted to the Sites.

Inferences

We may draw inferences from the information we collect about you that may reflect your preferences, characteristics, or interests.

Device Information

We may collect device information when you visit the Sites or otherwise engage with our content. Device information may include your computer or mobile device type, browser type, online or unique identifiers, IP address, and geolocation information.

Internet Activity

We may collect information concerning your interaction with the Sites, including when you access a Site and your browsing activity on the Site (such as which pages you visit, in what order, and for how long). This may include “traffic data” or tracking information provided by the Site’s host or similar provider of such information (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Service.

You are not required to provide all personal information identified in this Privacy Policy to use our Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to respond to your requests, allow you to submit an order, or provide you with promotional notices that we believe you may find valuable.

4. Cookies

A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for targeted advertising (as discussed in more detail below).

Cookies on the Sites are generally divided into the following categories:

• Strictly Necessary Cookies. These are required for the operation of the Sites. They include, for example, cookies that enable you to log into password-protected portions of a Site. These cookies are session cookies that are erased when you close your browser.
• Analytical/Performance Cookies. These allow us to recognize and count the number of users on a Site and understand how such users navigate through the Site (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located). This helps improve how the Site works, for example, by ensuring that users can find what they are looking for easily.
  
  We use Google Analytics for part of this process. For more information about Google Analytics, please visit https://www.google.com/policies/privacy/partners/ and https://www.google.com/analytics/learn/privacy.html. You can opt-out of Google Analytics’ collection and use of data generated by your use of a Site by going to https://tools.google.com/dlpage/gaoptout.
• Functional Cookies. These improve the functional performance of the Sites and make them easier for you to use. For example, cookies are used to remember that you previously visited a Site and asked to remain logged into it (e.g., this saves your username). These cookies qualify as persistent cookies because they remain on your device for us to use during your next visit to a Site. You can delete these cookies as detailed below.
• Advertising Cookies. These cookies are used to display ads that we believe will be relevant and engaging to you. These track visitors across the Sites and other websites. For more information about targeted advertising and how to opt out with your specific browser and device, go to the Network Advertising Initiative and the Digital Advertising Alliance. If you opt-out, you will need to apply these opt-out settings in each device from which you wish to opt out. Not all companies that serve interest-based ads participate in these opt-out programs, so even after opting-out, you may still receive some cookies and interest-based ads from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online, but they may be less relevant to you.

In addition, we use Shopify to power our online store. For more information regarding Shopify’s cookies, visit https://www.shopify.com/legal/cookies.

You can prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access the Sites, however, you might not be able to access or use important functions or features of the Sites (such as the shopping cart feature), and you may, for example, be required to re-enter your log-in details.

Do-Not-Track Signals

At this time, HHG does not recognize automated browser signals regarding tracking mechanisms, which may include “do-not-track” instructions.

By using our Services, you consent to our use of these tracking technologies as described above.

5. Children’s Privacy

The Sites are not intended for use by people under 16 years of age. We do not knowingly or intentionally gather personal information about visitors who are under the age of 16. If you are aware of, or suspect that, someone under the age of 16 is using the Sites without permission, please notify us immediately by contacting us as detailed in the Contact Information section below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.

6. How We Use Your Information

We collect and use your personal information for the following purposes:

• Providing the Service to you and providing products or services requested by, or reasonably anticipated by, you;
• Fulfilling orders placed through the Sites, collecting payment, processing and shipping your order, and communicating order confirmation and status;
• Managing your relationship with us, administering loyalty programs, and responding to your inquiries or requests;
• Managing your account, including tracking your username and password, billing and shipping details, and order history;
• Requesting reviews or feedback and administering promotions, events, or surveys;
• Personalizing the Sites (e.g., displaying your name when you log in);
• Tracking use of your username and password and your shopping cart;
• Analyzing use of the Sites;
• Providing you with relevant promotional materials or information about HHG and its products;
• Tailoring advertisements to what we believe will be of interest to you (including working with our advertising partners to display advertisements on third-party websites that you may visit);
• Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity and prosecuting those responsible; and
• Complying with legal and regulatory obligations.

7. How We Share Your Information

We may share your personal information with the following third parties:

• Our Group Companies. We may share information with HHG’s group companies, including Mauna Loa Macadamia Nut Corporation, and our related entities and brands (e.g., Hawaiian Host and KOHO).
• Service Providers, including Shopify who operates our online stores, as well as payment processors, hosting providers and IT outsourcing, marketing providers, and warehousing, shipping, logistics, order tracking, service providers. In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites.
• Other users if you post or share content through our Sites, such as product reviews or question and answer submissions.
• Advertising Networks, to provide you with relevant marketing.
• Advisers and Financial Institutions, including auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisors.
• With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, or assignment of assets or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.
• Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.

8. Your Privacy Choices

If you no longer want to receive our newsletter or other marketing communications, you may unsubscribe at any time by clicking “unsubscribe” option in the communication itself or you may contact us at the information in the Contact Information section below. To opt-out of text messages, you may text “STOP” in reply to any HHG marketing text message.

Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or orders placed through the Sites.

By logging into your account, you can view and/or correct your name, address, and phone number, and you can delete addresses and phone numbers. If you wish to delete your account, contact us at the information in the Contact Information section below.

9. Security

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Service.

Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at the information in the Contact Information section below.

10. Additional Disclosures for California Residents

For individual residents of California, this section describes how we collect, use, disclose, and/or “sell” (as defined in the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”) and collectively referred to as “California Law”) the personal information of California residents, and the rights you may have under California Law. These disclosures are intended to supplement this Privacy Policy with information required by California Law.

To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section Information We Collect above.

We collect this personal information, as further described in the How We Use Your Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.

We may share personal information with the third parties listed above in the section How We Share Your Information. Below, we have provided more detail regarding the two ways we share your personal information: (a) “sales” of information and (b) general disclosures of information for a business purpose.

“Sales” of Information

We have marked “sales” in quotation marks because a “sale” under California Law broadly includes any disclosure of information in return for any value. This value does not need to be monetary, like in a traditional sale. For example, a “sale” can be when a business provides information collected through cookies to an advertising network that it has hired to promote its own ads—but then the advertising network is able to use the cookie data provided for its own purposes, outside of this particular business relationship.

HHG does not share personal information in exchange for payment and we require that our service providers only use your personal information to perform the services we have asked of them. However, we use advertising networks to help us improve your advertising experience (such as serving advertisements on our behalf across the Internet and providing analytics services). Sharing personal information with the third-party provider while using these tools may fall within the definition of a “sale” of personal information under California Law.

In the past 12 months, we have provided Device Information, Internet Activity, and Inferences to Advertising Networks.

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.

Disclosures of Information for a Business Purpose

To manage our business and provide services to you, we sometimes share personal information with third parties. As noted above, these third parties cannot further collect, sell, or use the personal information we share with them except as necessary to perform our purposes, as instructed by us.

In the past 12 months, we may have disclosed the following categories of personal information to the following third parties for our operational business purposes:

Your Rights

Under California Law and if you are an individual California consumer, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. You also have the right to access a copy of the categories and specific pieces of personal information about you that we collect, use, disclose, and/or sell, and the right to ask us to delete or anonymize your personal information, subject to some exceptions. You also have the right to opt-out of the sale of your personal information. Finally, you have the right to be free from discrimination for exercising your rights.

You may exercise your right to opt-out of “sales” by clicking this link and following the instructions: Do Not Sell My Personal Information. We also recognize the Global Privacy Control (“GPC”) as a valid consumer request to opt out of marketing cookies for the browser that you use to access the Sites.

If you wish to exercise the right to access or delete your information or have any questions or concerns regarding the processing of your personal information, please contact us at aloha@kohochocolates.com with the subject line “California Privacy” so that we can get your email to the right team. You may also contact us at 1-888-255-5998. We will respond to your request consistent with applicable law.

Before we will be able to process your request for access or deletion of personal information, we will need to properly verify your identity for security purposes. If we possess appropriate information about you (e.g., name, email, address), we will attempt to verify your identity using that information. If it is not reasonably possible to identify you, we may not be able to respond to your request.

To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent signed permission to submit the request on your behalf. We may also require you to verify your identity directly with us.

Notice of Financial Incentive

Our loyalty programs (e.g., Hawaiian Host Sweet Rewards, Mauna Loa Rewards, KOHO Insider Rewards) provides you with rewards (e.g., discounts, coupons, or other price reductions) for eligible online purchases. To administer our loyalty programs, we utilize certain identifiers that you provide to us (e.g., name, date of birth, email address) and your order history. To enroll in a loyalty program, you will be asked to create an account and provider certain personal information through an online form.

You may opt out of any of our loyalty programs at any time. To opt out of a loyalty program, please submit a request to us at the contact details in the Contact Information section below.

We do not assign a monetary value to the personal information that we collect from you and only use that information to further our business in accordance with this Policy. To the extent we are required to assign a monetary value to the personal information collected through our loyalty programs, the method for calculating the value would be based on the sales generated by the loyalty programs less the costs associated with facilitating and managing the incentive program. Based on our reasonable estimate, the value of this information is equal to the value of the discount or financial incentive that we provide to you.

11. Third-Party Links

For your convenience, we may link to third-party sites and services, or otherwise display third-party content through the Sites to provide increased value to your visitors (e.g., social media networks). We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such sites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.

12. Effective Date and Changes to This Policy

This Privacy Policy is effective as of the date at the top of this Policy. HHG has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect the personal information we collect, especially before you provide information, and particularly personal information, directly to us through the Service.
In the event of a material change to this Privacy Policy, we will provide a message through our website or via email informing you of the change.

13. Contact Information

If you have any questions about this Privacy Policy or our Service, please contact us at the information below.
KOHO Chocolates: aloha@kohochocolates.com

14. Affiliate Advertising

Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.

Privacy Policy: https://rakutenadvertising.com/legal-notices/services-privacy-policy/
Your Rights: https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/