Where we rely on consent, depending on the applicable privacy law which applies, you have the right to withdraw your consent at any time by contacting us or by clicking on the “unsubscribe” link in marketing emails or text messages. Withdrawing consent will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you.

In cases where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you or your service station. In such cases, we may have to cancel a product or service you or the company whom you represent have with us, but we will notify you at the time when this occurs.

Furthermore, where our processing of your personal information is necessary for our legitimate interests, depending on the applicable privacy law which applies, you can object to this processing at any time. If you do this, we will need to show either a compelling reason why our processing should continue, which overrides your interests, rights and freedoms or that the processing is necessary for us to establish, exercise or defend a legal claim.

For California Residents

The personal information that we collect includes information within the below categories of data. These categories also represent the categories of personal information that we have collected over the past 12 months, and that we have disclosed for a business purpose to our affiliates and service providers. Note that the categories listed below are defined by California state law. Inclusion of a category in the list below indicates only that, depending on the services and products we provide you, we may collect some information within that category. It does not necessarily mean that we collect all information listed in a particular category for all our customers, nor does it imply that California law applies to all data within the categories below.

Cookies and Web Beacons

Like other websites, KUKUI uses ‘cookies.’ Cookies are small pieces of information that our server places on a visitor’s computer hard drive to optimize the users’ experience by customizing our web page content based on browser type and/or other information, and to enable the user to more easily communicate and interact with the website and to provide us with important information on how visitors use the website. Many web browsers are automatically set to accept cookies. These small files also control how our website is displayed and operates. Cookies serve to make our website more user-friendly, effective and secure.

When you visit our website, cookies collect technical information about the page and services that you use, and how you use them. This may include device-specific information, your navigation throughout the site, and other technical and browsing preferences including your location and entry point to site. Additional personal information may be collected when you choose to submit an application or other inquiry that includes personal information.

What types of cookies do we use?

We may use a combination of third-party cookies, session cookies, persistent cookies, and social media cookies on our website.

Third-party cookies belong to and are managed by other parties or other service providers. These cookies may be required to render certain forms, such as email list sign-up, or to allow for some advertising outside of our website.

Session cookies are temporary cookies that are used to remember you during the course of your visit to the website, and they expire when you close the web browser.

Persistent cookies are used to remember your preferences within the website and remain on your desktop or mobile device even after you close your browser or restart your computer. We use these cookies to analyze user behavior to establish visit patterns so that we can improve our website functionality for you and others who visit our website. These cookies also allow us to serve you with targeted advertising and measure the effectiveness of our site functionality and advertising.

The cookies we use help provide functionality to the Website and help analyze website usage more accurately. Technical information collected through the website is used to analyze and report on website traffic, marketing and usage trends, for security purposes, to tailor the right products and services to your needs and profile, and to improve online content and services.

In addition, we use third party analytics tools (e.g. Google Analytics) to analyze website traffic and improve the site, based on information collected by cookies. We may also use this data to personalize your experience on the Website.

Which cookies are used and for what purpose?

How are cookies used for advertising purposes?

We, directly or through third party companies, may use cookies and ad technology such as web beacons, “clear GIFs” or similar means (collectively, “Pixel Tags”) embedded in the website’s content. Any such use would appear in the above chart. A Pixel Tag is an electronic image, often a single-pixel (1x1), which is ordinarily not visible to website visitors and may be associated with cookies on the visitors’ hard drives. The data we collect includes which operating system and browser you use, how you navigate to and through our site, and how long you stay on our web pages. This information is anonymous and does not include your name, email address, or any other contact information. They also help us collect aggregated audit data, research, and advertising performance reporting. Pixels enable us to understand and improve how we offer products to you, and know when certain ads have been shown to you. Since your web browser may request web beacons directly from ad network servers, these networks can view, edit, or set their own cookies, just as if you had requested a web page from their site.

You can choose not to enable off-site and third-party-informed advertising by adjusting your cookie settings. Doing so will not remove advertising from the websites you visit, but, instead, will result in the ads you see not being matched to your interests by any cookies you choose to delete or block.

How do I reject and delete cookies?

You can choose to reject or block all or specific types of cookies for our websites and/or the websites of any third party suppliers by changing your browser settings. Please note that most browsers automatically accept cookies. Therefore, if you do not wish cookies to be used, you may need to actively delete or block the cookies. If you reject the use of cookies, you will still be able to visit our website but some of the functions may not work correctly. You may also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. By using our website without deleting or rejecting some or all cookies, you agree that we can place those cookies that you have not deleted or rejected on your device.

Do Not Track

Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common standard for of how to receive and interpret the various DNT signals provided by browsers, our services do not currently respond to browser DNT signals. For more information on DNT, see https://allaboutdnt.com/.

Who do we share your personal information with, and why?

We may disclose personal information when required by law, or to our service providers for the purposes described above, including for our marketing purposes. We require our service providers to provide written assurances regarding the security and privacy protections they have in place to protect any personal information transferred to them, as well as their compliance with our security requirements and any applicable laws and regulations.

The third parties we may share your personal information with include:

• third-party service providers;
• regulatory authorities; and
• our auditors and legal advisors.

We may also share personal information when managing the proposed sale, restructuring, transfer or merging of any or all part(s) of our business, including to respond to queries from the prospective buyer or merging organization.

We will not sell personal information to any third parties, nor do we intend to in the future. We also do not share personal information with third parties for their direct marketing purposes.

How is my personal information secured?

We maintain physical, electronic and procedural safeguards to protect personal information and prevent unauthorized or accidental use, access or loss. We limit access to personal information to those who have a business need for such access. Individuals who process personal information on our behalf may do so only in an authorized manner and are required to keep your information confidential. We have policies in place that regulate how our employees and contractors handle personal information. We limit access to our premises and to our computer networks, and take steps to safeguard against unauthorized access to those premises and networks. We have procedures in place to manage any suspected data security breach and will notify you and any applicable regulator of a suspected data security breach consistent with applicable legal requirements. We may retain your information as long as appropriate for business purposes, unless we are required by law or regulation or for litigation and regulatory investigations to keep it for longer periods of time. Any personal data that we have acquired, either directly or from third-parties, and that is no longer needed for any business or record-keeping purposes, is disposed of securely and in compliance with established best practices for secure data destruction and/or de-identification.

International Transfers

Consistent with applicable privacy regulations, we may share personal information with our affiliates, service providers or other third parties, as detailed under the section “Who do we share your personal information with, and why?” This means that your personal information processed in relation to this privacy policy may be stored and processed outside of your home country (and/or region), including in countries/regions that may not offer the same level of protection for your personal information as your home country and may be subject the law of this these countries/regions, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement (where you are an EU resident, this includes the processing of your personal information outside of the EU, including but not limited to the United States).

Where transfers from the EU to the United States take place (or any other country outside of the EU), or when we engage in a follow-on transfer from such country, we will use an appropriate transfer mechanism to ensure that your data is adequately protected.

Where transfers from other non-E.U. countries to the United States take place (or any other country), or when we engage in a follow-on transfer from such country, we take steps required to comply with applicable privacy regulations.

What are my rights?

You may have certain rights available to you, depending on your jurisdiction or depending on the jurisdiction in which the data was collected. We may choose to offer these rights to you in the interest of transparency and as an enhanced service to our customers, even if we are not required to under applicable law. These rights include the right to:

• Request access to your personal information (commonly known as a "data subject access request" or “access request”). This enables you to receive a copy of the personal information we hold about you.
• Request the correction of the personal information that we hold about you. This enables you to have any inaccurate data we hold about you corrected, although we may need to verify the accuracy of the new data you provide to us.
• Request the erasure of your personal information. This enables you to ask us to delete or remove personal information. Note, however, that we may not always be able to comply with your request (for example, we cannot erase information if we are required to keep it for regulatory purposes or to complete the terms of our contract with you).
• Restrict or object to the processing of your personal information when we are relying on a legitimate interest, and there is something about your particular situation which makes you want to object to the processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Data portability. In some instances, you may have the right to receive the information about you in a portable and readily usable format.
• Opt-out of the sale of personal information. For purposes of California law, we do not sell your personal information to third parties, nor do we intend to, as those terms are defined in the CCPA. We also have not done so for the last 12 months. In addition, we have contracts with our service providers to prohibit any sale of the personal information we provide them; but if you have any concerns that our third parties might be selling your information, please contact us.

You will not have to pay a fee to access your personal information (or to exercise any of your other rights). However, where permitted under applicable privacy laws, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances. If we refuse to give you access to your personal information, we will give you a written notice (if required to do so by applicable privacy laws) setting out the reasons for our decision (except where it would be unreasonable for us to do so) and any mechanisms that are available to you to complain about the refusal.

We will not discriminate against you in any way for exercising your rights. We may, however, charge a different rate or provide a different level of service to the extent permitted by law.

Depending on the applicable privacy law which applies, you may also have the right to lodge a complaint with local state regulators/data protection authorities – please see ”Submitting Privacy Requests” below.

Where required to do so by applicable privacy laws, we will inform (promptly) the entities with whom we have a shared use of your data about the correction, deletion, anonymization or blocking of your personal data, so that they may repeat the same procedures, except in cases where this communication is demonstrably impossible or involves disproportionate effort.

Submitting Privacy Requests

Requests to exercise your privacy rights as noted above, to the extent applicable, may be made at www.kukui.com or by contacting us at privacy@kukui.com. You may also contact us at this address if you have any questions or concerns regarding how we process your personal information.

Before providing information you request in accordance with your rights, we must be able to verify your identity. In order to verify your identity, you will need to submit information about yourself, including, to the extent applicable, providing your account login credentials or confirming other account information. We will match this information against information we have previously collected about you to verify your identity and your request. To the extent you maintain an account with us, we will require you to login to that account as part of submitting your request. If we are unable to verify your identity as part of your request, we will not be able to satisfy your request. We are not obligated to collect additional information in order to enable you to verify your identity. For deletion requests, you will be required to submit a verifiable request for deletion and then to confirm separately that you want personal information about you deleted.

If you would like to appoint an authorized agent who is not already authorized to access your account to make a request on your behalf, you must provide the agent with written, signed permission to submit privacy right requests on your behalf. The agent must provide this authorization to us at the time of request. For requests to disclose or delete your personal information, we will also require you to directly verify your identity, unless the agent has been provided with valid power of attorney.

Without prejudice to any other administrative or judicial remedy you might have, you may have the right to lodge a complaint with data protection authorities if you believe that we have infringed applicable privacy requirements when processing personal data about you.

For a listing of EU Privacy Regulators, please click here: https://edpb.europa.eu/about-edpb/board/members_en

Children’s Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

KUKUI does not knowingly collect any Personal Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will promptly remove such information from our records.

Links to Other Websites

Our Website may contain links to other websites not operated or controlled by us (“Third Party Sites”), including social media websites and services. The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact those sites directly for information on their privacy practices and policies.

Changes to this policy

We reserve the right to change this privacy policy at any time in our sole discretion. If we make changes, we will post the revised policy here, so that you can see what information we gather, how we might use that information, and in what circumstances we may disclose it. When we modify the policy we will also modify the “Effective date” at the top of this policy. If our privacy policy changes in any material respect, we will notify you of such change as required by law.