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Privacy Policy

South Maui Gardens, ("South Maui Gardens", "we", "us", or “our”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of hula.southmauigardens.com, (the "Site") and our application for mobile devices (the "Application"). This Privacy Policy applies only to information that you provide to us through the Site and Application.

This Privacy Policy sets forth our policy with respect to information, including personally identifiable information ("Personal Data"), that is collected from users of and/or visitors to the Services (including through those users' and visitors' agents) ("you" or "your"), including (i) registered users who are event hosts ("Hosts"), (ii) users who want to attend events (whether free or paid) listed by Hosts on the Services ("Guests"), and (iii) other Hosts users or visitors to the Services ("other Hosts").

We take the privacy of your Personal Data and other information seriously. Because of that, we have created this Privacy Policy. Please read this Privacy Policy as it includes important information regarding your Personal Data and other information.

If you have any questions or concerns, please do not hesitate to contact us at the following email address: info@southmauigardens.com.

CONSENT:

By using the Services or allowing someone to use the Services on your behalf, you are consenting to our collection, use, disclosure, transfer and storage in accordance with this Privacy Policy of any Personal Data or other information received by us as a result of such use.

Information We Collect:When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

1. Personal Data:

Hosts: We collect Personal Data from you when you voluntarily provide such information to the Services, such as when you register for access to the Services as a Host, contact us with inquiries, respond to one of our surveys or use certain Services. The Personal Data we may collect includes without limitation your name, address, email address and other personally identifiable information. In some cases we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. The credit card information you provide in your personal profile at sign-up is not stored by us, but instead is stored and used by our third party credit card processors in order for them to process payment that you owe third parties for services received by you. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number).

Guests and Visitors: We collect Personal Data from you when you voluntarily provide such information to the Services (including event registration pages within the Services), such as when you register for access to the Services (whether as a Host or otherwise), register for an event as a Guest, contact us with inquiries, or respond to one of our surveys or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, email address, zip code and other personally identifiable information. If you register for an event in which you pay, we will collect financial information from you (e.g., your credit card number and expiration date, billing address, etc.) some of which may constitute Personal Data. In addition, Hosts can set up event registration pages to collect virtually any information from Guests in connection with registration for a Host's event listed on the Services. If a Guest voluntarily provides that information in connection with registration for an event or otherwise, it will be available to us and will be held by us in accordance with this Privacy Policy. In addition, such information will be delivered to the Host of the applicable event in accordance with "Our Disclosure of Information That We Collect: Hosts" below.

Phishing: Identity theft and the practice currently known as "phishing" are of great concern to South Maui Gardens. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your South Maui Gardens Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.

Privacy Policy Links: We make an effort to provide a link to this Privacy Policy in the footer of every page on our websites, including those pages on which Personal Data is collected, and to make it available in all of our software.

2. Non-Personal Data: Non-Identifiable Data: When you interact with the Services, we collect certain personally non-identifiable information ("Non-Personal Data"). The Non-Personal Data we collect includes without limitation to Internet Protocol (IP) addresses, Internet browser type, other characteristics of your device and software, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Services, the time of your usage and aggregated Personal Data that cannot be used to specifically identify you. Such information, which is collected passively using various technologies, cannot, in and of itself, be used to specifically identify you. We also collect Non- Personal Data (including, without limitation, of the type set forth above) from third parties. The information we collect from third parties may be combined with the information we collect.

Cookies and Other Session Identifiers: In operating the Services, we use a technology called "cookies." A cookie is a piece of information that is placed on your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Service usage more accurately. For instance, our Services may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit. These cookies may be used to tailor content (including advertising) you see on the Services as well as other Internet sites that you may visit in the future. Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Through your web browser's option settings you may be able (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your web browser's help section for information on how to do this. We recommend that you leave cookies turned on because they allow you to take advantage of some of the features of the Services. In addition to the types of cookies described above, we use local shared objects, also known as "Flash cookies," and HTML 5 Local Storage for various purposes, including for fraud prevention and to display content (both on and off the Services) based upon what you view on the Services. Local shared objects and HTML 5 Local Storage are different from cookies described above. Cookie management tools provided by your browser may not remove local shared objects or HTML 5 Local Storage.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, we often conduct research on our customer demographics, interests and behavior based on Personal Data and other information that we have collected. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and therefore is considered and treated as Non-Personal Data under this Privacy Policy.

Our Use of Information That We Collect: 1. Personal Data: We use your information, in a manner consistent with this Privacy Policy to closely monitor which features of the Services are used most, to allow you to view your event history, store your credit card information on a secure page, view any promotions we may currently be running, and to determine which features we need to focus on improving, including usage patterns and to determine where we should offer or focus services, features and/or resources.

We may use the Personal Data as follows:

  • Specific Reason: If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. The credit card information you provide in your personal profile at sign-up is not stored by us, but instead is stored and used by our third party credit card processors in order for them to process payment that you owe third parties for services received by you. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
  • Access and Use: If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to monitor your use of such Services or functionality. For instance, if you supply payment information (e.g., bank account or credit card information) to the Services for the purpose of funding an event by paying the Host, or processing payments as an Host, we will use that information to facilitate such purchase or process such payments.
  • Internal Business Purposes: We may use your Personal Data for internal business purposes including without limitation to help us improve the content and functionality of the Services, to better understand our users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
  • Marketing: We may use your Personal Data to contact you in the future for our marketing and advertising purposes, including without limitation to inform you about services or events we believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising on or off the Services that we believe might be of relevance to you. In particular, Hosts should note that we might use information we receive or collect regarding Guests (including without limitation via an Host's event registration page) in accordance with the terms of this Privacy Policy, including in the manner set forth above.
  • Host Emails: We allow Hosts to use our email system to contact Guests for their current and past events, so you may receive emails from our system that originate with such Hosts. If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use.

2. Non-Personal Data: Because Non-Personal Data cannot be used to personally identify you, we may use such information for any lawful purpose.

Our Disclosure of Information That We Collect: 1. Personal Data: We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of South Maui Gardens (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.

Subsidiaries and Affiliates: We may also share your Personal Data with our subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our subsidiaries and affiliates will be bound to maintain that Personal Data in accordance with this Privacy Policy.

Agents, Consultants and Related Third Parties: We, like many businesses, sometimes engage other companies to perform certain business-related functions. Examples of such functions include mailing information, ticket fulfillment, fraud prevention, maintaining databases and processing payments. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.

Hosts: When you purchase tickets to, register for or donate to an event on the Services, you consent to our providing your Personal Data to the Hosts of such event. These Hosts are not bound to treat your Personal Data in accordance with this Privacy Policy. You agree that we are not responsible for the actions of these Hosts with respect to your Personal Data. It is important that you review the applicable policies of the Hosts of an event before providing Personal Data or other information in connection with that event.

Facebook and Other Third Party Connections: Facebook and Other Third Party Connections: You can connect your South Maui Gardens account to your accounts on third party services like Facebook, in which case we may collect, use, disclose, transfer and store information relating to your account with such third party services in accordance with this Privacy Policy. For example, if you connect with Facebook, we store your Facebook id, first name, last name, email, location, friends list and profile picture and use them to connect with your Facebook account to provide certain functionality on the Services, like recommending events that your Facebook friends are interested in and sharing the events you are interested in with certain groups of people like your Facebook friends.

Legal Requirements: We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of third parties, (iii) to prevent, investigate, or identify possible wrongdoing in connection with the Services, (iv) to act in urgent circumstances to protect the personal safety of users of the Services or the public, or (v) to protect against legal liability.

2. Non-Personal Data: Because Non-Personal Data cannot be used to personally identify you, we may disclose, transfer or share Non- Personal Data for any lawful purpose.

Your Choice: Limit the Personal Data You Provide: You can use the Services without providing any Personal Data or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to open an account, or buy or sell tickets, your name and email address will be required.

Exclusions: This Privacy Policy does not apply to any Personal Data collected by us other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to us or another user or visitor through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as bulletin boards, any ideas for new products or modifications to existing products, claim or demand letters, Digital Millennium Copyright Act notices, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Children: We do not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us at South Maui Gardens@South Maui Gardens.com, and we will endeavor to delete that information from our databases.

Links to Other Web Sites: This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by us (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Storage and Security: We may store Personal Data itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We take what we believe to be reasonable steps to protect the Personal Data provided via the Services from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data via the Internet.

When you place orders on our websites or through our mobile applications, all of your order information, including your credit card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our websites from capturing and viewing your personal information. While we use industry standard means to protect our websites and your information, the Internet is not 100% secure. The measures we use are appropriate for the type of information we collect. We cannot promise that your use of our websites or mobile applications will be completely safe. We encourage you to use caution when using the Internet. Online access to your personal information can be protected with a password you enter during checkout. We strongly recommend that you do not share your password and that you use unique passwords for all of your online accounts.

Other Terms and Conditions: Your access to and use of the Services is subject to the Terms of Service.

Changes to This Privacy Policy: The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time and from time to time by posting a new version of this Privacy Policy on our websites. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information: Hosts may access and update their Personal Data being stored by us by logging in and visiting the their profile. Hosts may also contact us directly at the address specified below with respect to Personal Data that is not accessible through the their profile. Guests and Visitors do not have a formal account with South Maui Gardens; however, you can create a formal account by signing up. After signing up, you can update and access your Personal Data on the their profile. Guests and Visitors can also contact us directly with requests to update Personal Data at the address specified below. We will take reasonable steps to respond to requests relating to Personal Data within 30 days, however, we may reject requests that we find to be unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical or abusive (i.e., repetitive requests, requests made in bad faith, requests that would compromise third party information). Note that you may not have access to or the ability to update Non-Personal Data, much of which is held in aggregate form.

Retention and Deletion: We may retain your Personal Data as long as you continue to use the Services. You may close your account by contacting us. However, we may retain Personal Data and Non-Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media and other information systems.

Contacting South Maui Gardens: Please also feel free to contact us if you have any questions about this Privacy Policy or our information practices. You may contact us by writing to info@southmauigardens.com or by calling us at (800) 210.0689.

Dispute Resolution: If you have a complaint about South Maui Gardens's privacy practices you should email us at info@southmauigardens.com. We will take reasonable steps to work with you to attempt to resolve your complaint.