Privacy Policy

Effective as of March 29. 2010

1. INTRODUCTION

We take the privacy of members of, and visitors to, the http://kaanapaliwhaler.com website (the “Service”) very seriously. Please read this Privacy Policy to learn more about how The Whaler on Ka’anapali Beach (“The Whaler,” “we,” our,” or “us”) treats information, including personally identifiable information, in connection with the Service. We provide this Privacy Policy because owners who have registered as members of the Service (“Members”) and visitors to the http://kaanapaliwhaler.com website have a right to know what information we collect, how it is protected and used, and the circumstances under which it may be disclosed. If you have comments, suggestions, questions, or concerns about our Privacy Policy, please contact us via email at privacy@kaanapaliwhaler.com or by post at: 2481Ka'anapali Parkway, Lahaina, Maui, HI 96761.

Online Privacy Standards. We follow the principles supported by the Federal Trade Commission’s Fair Information Practices Principles, currently available at http://www.ftc.gov/reports/privacy3/fairinfo.shtm.

What This Policy Covers. This policy covers the ways in which The Whaler treats information, including personally identifiable information, which we obtain when you use our Service. We regard personally identifiable information as information that someone can use to identify or contact you in person, such as your real name, telephone number, birth date, email address, or physical mailing address. Information that we use internally to identify you as a user in our system is not considered personally identifiable information.

What This Policy Does Not Cover. This policy does not cover the privacy practices of third parties that we do not own or control. In addition, we may provide links to other services and on occasion to other sites that may interest you. All of these sites operate independently of The Whaler and each has its own privacy and security practices. For your best on-line experience, we encourage you to review each website’s privacy and security policies before submitting any personal information to that website.

2. HOW WE COLLECT INFORMATION

Information Producers Provide During Member Account Creation

Registration Information For Owners. During the process by which owners can register for a Member account, we require that you provide your real name and email address. We will send you an email to verify that you are the owner of the provided email address. You will also be required to select a display name and password.

Access To Your Personal Information. In general, we make it easy for Members to view the personally identifiable information we have collected from that Member. That information is available through the Member’s “membership management” tab, where Members can add, edit, or delete such personally identifiable information as they see fit.

Optional Information You Provide

Additional Member Information. Members may also elect to provide optional information within their Member profile. Providing this information, including phone number, fax, and instant messaging information, is purely optional.

Information We Do Not Collect From Any Users

Children. As explained further in our Terms of Use (available at http://kaanapaliwhaler.com/termsOfUse), you must be 18 years of age or older – or, if you are under the age of majority in your jurisdiction, have the consent of your parent or guardian – to use the Service. Therefore, we do not knowingly collect personally identifiable information from or about children. In accordance with Federal Children's Online Privacy Protection Act of 1998 (“COPPA”), The Whaler will never knowingly solicit, nor will we accept, personally identifiable information from Members or visitors known to be under thirteen (13) years of age. If you believe that we have information from or about anyone under 13 years of age, please notify us by email at privacy@kaanapaliwhaler.com or write to our Privacy Officer at the address noted above.

Information We Track

Log Files. Similar to many websites and internet services, we gather certain anonymous, non-personal information automatically and store it in web server log files. This information includes internet protocol addresses, browser type, internet service provider (ISP), site entry/exit pages, operating system, date/time stamp, and click stream data. We use this information to improve our site, analyze trends, administer the site, and gather aggregate information about our user base as a whole. Aggregate information is data we collect about a group or category of services or users from which individual user identities have been removed, and therefore does not include your personally identifiable information.

Cookies. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. It can also help us understand how our site visitors and Members arrive at our site, what pages they view during their visit, and their account and preference information as Members of the Service. Similar to many websites, the Service stores an encrypted cookie on your computer so we can remember you when you come back without requiring you to log in each time. Cookies also allow us to track and understand the interests of our visitors and Members and to enhance the overall experience on our Service. Cookies used by The Whaler do not include your personally identifiable information

If you prefer not to receive cookies, you can set your web browser software to disable them. To do so, please refer to the help section of your specific browser for more information on how to manage or disable cookies. Please note that your browser must be configured to accept cookies to use some components of the Service.

3. HOW WE USE INFORMATION

The Whaler Communications

We use emails and/or prominent notifications on our website as our primary means to inform our users of important Service announcements.

Service-Related Announcements. When a Member establishes an account at http://kaanapaliwhaler.com, we use the email address provided during account creation to deliver important Service-related announcements to that Member. Examples of Service-related announcements include: email verification during registration, requests for password reset, important security or server maintenance updates, upgrades, new releases, and policy changes. These Service-related announcements are considered a fundamental part the Service, and Members cannot opt-out of these email announcements.

On Our Website

Identification Of Members By Display Name. When Members publish content through the Service, that content will be identified by the Member’s “Display Name.” In these circumstances, we will only identify a Member by their Display Name. In using our Service, Members are not required to provide or publicize any personally identifiable information in connection with content published using the Service.

Site Statistics. As noted above, we use information collected from our web log files to calculate and publish anonymous, non-personal, aggregate statistics that we believe our users are interested in viewing. For example, we may track and publish the total number of users who have viewed a particular piece of published content. We publish this data in aggregate form only, and do not tie it to any personally identifiable information.

For Internal Reporting and Analysis

As noted above, we use information gathered from log files and cookies to improve our site, analyze trends, administer the site, track the movement of users around the site, and to gather aggregate information about our user base as a whole. We do not tie this data to personally identifiable information.

4. HOW WE SHARE AND DISCLOSE INFORMATION

With Third-Parties

Sharing, Renting, and Selling Information We Collect. We will neither rent nor sell your personally identifiable information to anyone. Occasionally we share anonymous, non-personal, aggregate information about our user base with partners or advertisers, and we may publish these aggregate usage statistics on our website for the interest of our users. We do not tie this shared or published data to the personally identifiable information of any person.

Linked Services. In some cases, we allow you to access or link to other web services through our website. We make it easy for you to determine when you are accessing or linking to these other web services through our website. In all of these cases, those sites may choose to collect your personal information as they deem appropriate. As noted above, we are not responsible for or in control of how third parties collect, use, or disclose your information obtained through these linked services. We encourage you to be aware when you are using these third party services and, for your best on-line experience, we encourage you to review their policies before submitting any personal information to them.

As Necessary In Certain Legal Circumstances

Legal Requirements. We reserve the right to disclose your information, including personally identifiable information, when we have a good faith belief that access, use, preservation, or disclosure of such information is necessary to (a) comply with any law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Use, including investigation of potential violations of these Terms of Use, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of The Whaler, its users, or the public as required or permitted by law.

Acquisition. If The Whaler becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, including bankruptcy, our assets, including user information, may be transferred to a third party. At that time, your user information may become subject to that third party’s privacy policy. Before we transfer your user information, we will notify you either by email or by posting a prominent notice on our site, and we will remind you of your ability to add, edit or delete your personally identifiable information – through your membership management tab – in advance of any such transfer.

5. HOW WE KEEP INFORMATION SECURE

Security of Account Information. Member’s account information is password-protected. We will not share your password with anyone. Please do not share your password with anyone, and remember to change your password from time to time to keep your account information secure.

6.  YOUR PERSONAL CHOICES

Receiving Communications. If you subscribe to any optional communications, such as individual pages or comment threads within the Service, you will be able to unsubscribe from these communications through your membership management tab.

Editing / Deleting Member Information. Any Member can view the personally identifiable information we have collected from that Member. That information is available at the Member’s membership management tab, where Members can add, edit, or delete such personally identifiable information as the Member sees fit. To completely delete your account and accompanying personal information, please contact us at support@kaanapaliwhaler.com.

7. UPDATES TO OUR PRIVACY POLICY

From time to time we will review, and may make changes to, our privacy policy. When we do so, we will notify you either by email or place a prominent notice on the Service. The most recent version of our privacy policy is always available from a link in the footer of each webpage within the Service, and at http://kaanapaliwhaler.com/privacy.