Maintaining the security of your data is a priority at Mahana Fresh, LLC, and we are committed to respecting your privacy rights. Mahana Fresh is dedicated to being transparent about what data we collect about you and how we use it. This policy applies to Mahana Fresh’s information practices for you to understand how personal information is collected, used and disclosed.
Some of the uses and disclosures mentioned in this Privacy Notice may involve the transfer and processing of your personal information to and in various countries that may have different levels of privacy protection than your country. By using our products and services, you consent to such transfers and processing, including to and in the United States.
Children Under 13
Mahana Fresh abides by the United States Children’s Online Privacy Protection Act (COPPA). This website is intended for persons 18 years or older and is not designed to attract children under the age of 13. Mahana Fresh does not permit children under 13 to register on this website and does not knowingly permit membership to any persons under the age of 18. Anyone under the age of 18 using this website should only do so with participation from a parent or other guardian. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. Mahana Fresh will delete such information within a reasonable time.
What Data is Collected
Mahana Fresh may collect the following information about you:
Name, age, date of birth and gender, physical wellness and other demographic information
Contact information: postal address including billing and delivery addresses, email addresses, telephone numbers
When a service or order is placed, payment card details or other financial information
Purchases and orders made by you
Your computer including your IP address, geographical location, browser type and version, and operating system
Your online browsing activities on Mahana Fresh’s website or mobile app, referral source, length of visit, page views, and website navigation paths
Information generated while you are using this website or mobile app, including when, how often and under what circumstances you use this website or mobile app
Your correspondence and communication with Mahana Fresh, including feedback and survey responses; or
Other publicly available personal data, including any which you have shared via a public platform (such as public Facebook page, Instagram post, Twitter feed or similar).
This list is not exhaustive and, in certain circumstances, Mahana Fresh may need to collect additional data for the purposes stated in this policy. If you do not provide certain personal information, not all functionality on this site will be available.
Do not provide information about others unless you are authorized to do so and consent to have all information used, disclosed, and transferred in accordance with this Privacy Notice. By submitting the information about others, you represent and warrant that you are authorized to do so and that you have received authorization from the person about whom you are providing the information and that person has consented to have all information used, disclosed, and transferred in accordance with this Privacy Notice.
How Your Data is Collected
Use of certain features and functions of this website or mobile app may require you to submit personally identifiable information to Mahana Fresh. We may collect any information you voluntarily share with us directly via this website or mobile app. This information may also be collected by a third party vendor, supplier or contractor who has your consent to pass your details to Mahana Fresh or from publicly available sources.
How Your Data is Collected from Third Parties
Mahana Fresh may obtain information about you from third party sources. Mahana Fresh may purchase marketing data about members and guests from third parties to create more tailored advertising and services.
If you provide Mahana Fresh personal information about others, or if others give Mahana Fresh your information, that information will only be used for the specific reason for which it was provided.
Mahana Fresh’s Cookies Policy
This website utilizes the following tools: cookies, web beacons or statistical identifiers to capture IP address information and other viewing information to improve performance of this website.
Cookies: small text files that may be placed on your computer when you visit a website. Cookies may include “single-session cookies” (which generally record information during only a single visit to a website and then are erased) or “persistent cookies” (which are generally stored on a computer unless or until they are deleted or set to expire). First party cookies are placed by us. Third party cookies may be placed by a third party.
Web beacons or pixel tag: tools that we may send to you to help us determine whether a page has been viewed. A pixel tag is a type of web beacon embedded in an image on the website. This website may have pixel tags from vendors.
These tools may be placed on web browsers to serve ads based on past visits to this website or collect information about your use of this website, such as tracking the internet browser most commonly used to access the website, the pages that are most popular, or your journey around a website. These tools cannot give access to your computer or any information stored on your computer. These tools are created and managed by parties outside of Mahana Fresh’s control. When utilizing these applications, Mahana Fresh is subject to the usage terms of any third party service provider furnishing the cookie or tracking tool. Mahana Fresh uses this information to market to you, particularly web banner advertisements and targeted updates, to collect browsing information and shopping patterns and for technical purposes essential to effective operation of this website, particularly in relation to online transactions and site navigation. All data collected will be used in accordance with this policy and the privacy policies of any third party service provider as identified below. Please read all third party privacy policies before using this website.
How To Disable Cookies
Generally, this website may not operate properly if cookies are switched off. If you want to disable cookies you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use. Further details on how to disable cookies for the most popular browsers are set out below:
For Microsoft Internet Explorer:
1. Choose the menu “tools” then “Internet Options”
2. Click on the “privacy” tab
3. Select the setting the appropriate setting
For Google Chrome:
1. Choose Settings> Advanced
2. Under "Privacy and security," click “Content settings”.
3. Click “Cookies”
1. Choose Preferences > Privacy
2. Click on “Remove all Website Data”
For Mozilla Firefox:
1. Choose the menu “tools” then “Options”
2. Click on the icon “privacy”
3. Find the menu “cookie” and select the relevant options
How Your Data is Protected
Mahana Fresh maintains reasonable administrative, technical and physical safeguards designed to protect the information collected. However, no security system is impenetrable and Mahana Fresh cannot guarantee that the information you supply will not be intercepted while being transmitted over the Internet. We are not liable for the illegal acts of third parties such as criminal hackers.
Legal Basis for Using Your Data
Mahana Fresh only relies on consent as a legal basis for processing personal information in relation to sending direct marketing communications to members and guests. Members and guests have the right to withdraw consent at any time. As consent is the only legal basis for processing, Mahana Fresh will cease to process data after consent is withdrawn.
Mahana Fresh collects and uses personal information because it is required for compliance with: its legal obligations, its duties and rights under a contract for a sale of services to a client or its legitimate interests.
Mahana Fresh’s legitimate interests include:
Providing services to members and guests;
Providing support for our services, and for internal quality control purposes;
Protecting members and guests and other individuals;
Fulfilling duties to members and guests and other individuals;
Promoting, marketing and advertising services and events;
Sending promotional communications which are relevant and tailored to individual members and guests;
Understanding our members and guests’ activities, preferences and needs;
Administering this website and business;
Preventing, investigating and detecting crime or fraud, including working with law enforcement agencies
Handling client contacts, inquiries and complaints;
Protecting Mahana Fresh and its members and guests by taking appropriate legal action against third parties who have committed criminal acts or are in breach of legal obligations to Mahana Fresh;
Effectively handling any legal claims or regulatory enforcement actions taken against Mahana Fresh; or
Protecting the interests, rights, safety or property of Mahana Fresh or others and to monitor compliance with and enforce any terms of any agreement with Mahana Fresh.
How Your Data Is Used
Except as otherwise disclosed at the point of collection, Mahana Fresh does not trade, rent, sell, loan, lease, use for secondary or unrelated purposes or share with any third party any personal information it collects.
Your personal information collected pursuant to this policy may be used to:
Provide you electronic marketing communications to update you on services;
Understand and deliver advertisements and make them more relevant to you;
Provide a better experience for Mahana Fresh members and guests;
Administer Mahana Fresh website, applications and business;
Provide third parties with statistical information about Mahana Fresh users (but those third parties will not be able to identify any individual user from that information); or
Respond to inquiries and complaints made by or about you.
How Your Data Is Disclosed
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information collected from this website or mobile app:
To provide the services ordered or as otherwise may be disclosed at the point of collection;
To Mahana Fresh’s service providers in the operations of the business, such as marketing, delivery and information technology;
To contact website or app users and/or members and guests from time to time to provide important information or required notices;
To the extent that we are required to do so by law;
In connection with any ongoing or prospective legal proceedings;
In order to establish, exercise, or defend our legal or contractual rights (including providing information to others for the purposes of fraud prevention and risk reduction); and
To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
To assist us with the uses described in this Privacy Notice, information we or our designated service providers have collected about you may be aggregated, analyzed or enhanced with personal or other information about you that we have from other sources. Your personal information may be disclosed to our affiliates (including affiliated websites and other products under common ownership or control) and our service providers, including for the purposes set out in this Privacy Notice. Your personal information may be disclosed to other third parties in an aggregated and unattributed manner.
Except as provided in this policy, we will not provide your personal information to third parties.
How Third Parties May Use Your Data
All data collected will be used in accordance with this policy and the privacy policies of any third party service provider as identified below. Please read these third-party privacy policies before using this website.
How Long Your Data Is Kept
Personal information that Mahana Fresh processes for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Different retention periods apply for different types of data, however, the longest Mahana Fresh will normally hold any personal information is for the duration of a membership. Personal information will be retained:
to the extent that we are required to do so by law;
if Mahana Fresh believes that the documents may be relevant to any ongoing or prospective legal proceedings; and
in order to establish, exercise, or defend Mahana Fresh’s legal rights (including providing information to others for the purposes of fraud prevention and risk reduction).
YOUR RIGHTS, ACCESS TO PERSONAL INFORMATION AND OPT OUT
You have the right to ask what personal data Mahana Fresh holds about you at any time. You have the right to ask us to update and correct any out-of-date or incorrect personal data that Mahana Fresh holds about you free of charge and the right to opt out of any promotional communication that Mahana Fresh may send. To exercise any of these rights, please contact Mahana Fresh’s Data Protection Officer at the contact information below. Please bear in mind that if you exercise such right this may affect our ability to provide our services.
Upon written request and verification of your identity, Mahana Fresh will provide you with your personal information in our possession as well as the personal information, if any, that has been disclosed to third parties. Such information may be corrected upon written request.
YOU MAY OPT OUT OF RECEIVING PROMOTIONAL COMMUNICATION FROM MAHANA FRESH BY CONTACTING MAHANA FRESH’S DATA PROTECTION OFFICER at email@example.com. Please note that it may take some time to process your request, consistent with applicable law.
How to Contact Mahana Fresh’s Data Protection Officer
Mahana Fresh has appointed a Data Protection Officer to ensure the personal data of our members and guests and website visitors and to comply with data protection legislation.
If you have any questions about how Mahana Fresh uses your personal data that are not answered here, or if you want to exercise your rights regarding your personal data, please contact our Data Protection Officer at firstname.lastname@example.org.
Updates/Changes to Policy
This policy was last updated in August 2019. Mahana Fresh reserves the right to change this policy at any time. All changes will be effective immediately upon posting to this website and may be made by Mahana Fresh without notice to you. You agree to review this policy frequently so that you will be familiar with these terms. You further agree that each time you use this website that you are, by such use, consenting to the terms of this policy that are applicable at your time of use.