Effective Date: January 1, 2020
Please Read Carefully Prior To Using This Website. King's Hawaiian Bakery, West Inc. (“King’s Hawaiian,” “we,” or “us”) is committed to protecting the privacy and security of your Personal Information. We want to notify you about how we treat Personal Information that we receive in connection with our website www.kingshawaiian.com (the “Website”).
King's Hawaiian is a corporation organized under the laws of the State of California, in which King's Hawaiian has its headquarters. The servers that host this website are located in the United States, and any Personal Information you provide to us will be processed by King's Hawaiian in the United States. If you are located outside of the United States you consent to the transfer of your Personal Information to the United States for processing consistent with this policy. Please note that King’s Hawaiian does not currently make international sales of its products through this Website.
INFORMATION WE COLLECT
In general, you can visit our website without telling us who you are or revealing any Personal Information about yourself. However, you should be aware that sections of this website that allow for the submission of Personal Information ("Registration Pages") contain a function for collecting various pieces of your Personal Information including, but not limited to, your name, address, email address, phone number, and information about your interests in and use of various products. We may also collect Personal Information from you of third party recipients that you may designate to receive promotional items or other correspondence from us, limited to the third party's name, email address and home address, unless otherwise specified in the terms that apply to such promotion. When you submit third party information to us you are warranting to us that you have the third party's permission to such submission and use by us. We may combine the Personal Information we collect through this Website with information collected through other means, such as through the mail. We only collect your Personal Information, or the Personal Information of applicable third parties, if you voluntarily submit the information to us for such purposes as registering for contests sponsored by King's Hawaiian, identifying third parties that you designate to receive specified items from us, or requests for information on our company, promotions, or products. For your information, through certain technologies employed by this website, we also collect behavioral data, which may or may not be personally identifiable information about you depending on how we use such data. Where we associate behavioral data with you, we consider this Personal Information. For more details about this type of data collection, please refer to the section below on Cookies.
To protect your security and privacy, we require that you enter the Personal Information that we collect and that the information be current, although King's Hawaiian disclaims any legal duty to verify the accuracy of any personal data that you provide to King's Hawaiian. You are free to access the Personal Information we have on file by contacting our Customer Service department by email at email@example.com or by phone at (877) 695-4227. In addition, at any time you can request that we modify or delete your Personal Information by sending an email to us at firstname.lastname@example.org with the words "UPDATE MY INFORMATION" in the subject line or by calling us at (877) 695-4227. Please be aware that, to protect your security and privacy, King's Hawaiian is permitted to take reasonable steps to verify your identity prior to making changes to your Personal Information. For your information, please note that it is our practice to monitor and in some cases record calls for staff training and quality assurance purposes.
HOW WE USE THE INFORMATION WE COLLECT AND TO WHOM WE DISCLOSE IT
King's Hawaiian reserves the right to compile, save, use within the scope of our activities, and analyze any and all data (contact and personal data, use history, etc.) that we collect from you through this website. We use the Personal Information that you provide to us for our internal purposes such as responding to your requests for information, contacting you, and conducting internal analyses such as surveys and market research. We also use your Personal Information to communicate with you, such as, for example, to provide you with newsletters or information relating to products that may be of interest to you. King's Hawaiian has a general policy of not disclosing your Personal Information to non-affiliate third parties (other than service providers who perform services on our behalf) unless you have consented. However, we may disclose the Personal Information you provide to us with companies we have hired to provide services for us. These companies – our vendors – are contractually bound to use Personal Information that we provide to them only to perform the services we have hired them to provide. We may also disclose your Personal Information in the event that the business of King's Hawaiian is transferred to another entity by way of merger, sale of the company's assets, or otherwise, or if we are considering such a transaction. We may also disclose your Personal Information to the extent we believe it is necessary to comply with any court order, law, or legal process or in order to avoid injury to you, us or another individual or business or any of their property. If you consent to disclosing your Personal Information for commercial purposes, we may share your information with King's Hawaiian-related entities and selected third parties so that they may provide you with or contact you regarding information and materials that may be of interest to you. Please refer to the section below on Opting In and Out.
We may also collect and group demographic and preferences information, responses to surveys and other Personal Information that we collect from you into an aggregate, non-personally identifiable form for disclosure to our existing or potential business partners, affiliates, sponsors or other third parties. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to this website. From time to time, we may collect general, non-personal, statistical information about the use of this website, such as how many visitors visit a specific page on this website, how long they stay on that page and which hyperlinks, if any, they "click" on. We collect this information through the use of "cookies" and other tracking technologies, which are discussed in greater detail below in the section on Cookies. We collect this information to determine which areas of this website are most popular and to enhance this website for visitors. As with other aggregated data, we may disclose such data to our existing or potential business partners, affiliates, sponsors or other third parties, but this aggregate data will in no way personally identify you or any other visitors to this website.
We use the Personal Information of third party recipients that you designate to receive promotional items or other correspondence from us solely for the purposes of delivering such specified items that you request us to send.
PERSONALIZED URL LINKS
On occasion, we may personalize and customize websites for certain users. Invitations to visit these customized websites will generally be sent to you via an email containing a personalized URL, a notice on a registration page, or in response to you logging on to a certain portion of this website. If you are invited to visit one of these sites, you may find it customized with references to products and/or services that we believe may be of interest to you based on your previous interactions with King's Hawaiian and on information you have provided to us. While you are visiting these websites, we may collect tracking or other non-personally identifiable information about your visit to better tailor the site to your interests. If you do not want your information to be collected in this way, please do not accept the invitation to visit these sites.
CHILDREN'S INFORMATION AND COPPA
We respect the privacy of children (i.e., those under the age of 13) as much as we do the privacy of other visitors to this website. We do not knowingly collect any Personal Information from anyone who we know to be under the age of 13. If you are under the age of 13, you should use our Website only with the involvement of a parent or guardian and should not submit any Personal Information to us. If a parent or guardian becomes aware that a child under the age of 13 has submitted Personal Information on our Web Site, please contact us and we will remove the Personal Information about the individual from our database.
We may also employ software technology known as "Web beacons" or "clear GIFs" that helps us keep track of what content on our website is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the Web pages you review, so they are not stored on your hard drive. The Web beacons we use do not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.
We may use third-party web analytics services on this Website, such as Google Analytics. The information collected for this purpose (including your IP address, time of request, address of the web page that referred you to one of our Website, browser characteristics, operating system characteristics and other information collected by automated means) may be disclosed to or collected directly by these service providers and used subject to the terms of those services. By using this Website, you consent to the processing of data about you by Google and other analytics providers in the manner and for the purposes set out above. For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.
DO NOT TRACK PROTOCOLS
The major browsers have attempted to implement the draft “Do Not Track” (“DNT”) standard of the World Wide Web Consortium (“W3C”) in their latest releases. As this standard has not been finalized, the Website is not technologically compatible with DNT and so we do not recognize DNT settings.
OPTING IN AND OUT
When you submit Personal Information to us through the Registration Pages on this website, you will be given an opportunity to opt in to receiving additional information from King's Hawaiian, King's Hawaiian-related entities, and/or selected third parties at the time of submitting your Personal Information to us. If you opt in, you may be added to our list of users who will receive promotional and marketing communications from us, our partners, and/or other third parties. If you initially opt in to receiving such communications and you later decide that you no longer want to receive them, you may opt out of receiving promotional and marketing communications from us and/or our partners and other third parties by clicking here and following the instructions on the opt out form.
The third party recipients that you designate to receive promotional items or other correspondence from us may also opt out of receiving such items by clicking here and following the instructions on the opt out form.
LINKS TO OTHER SITES
For your convenience, this website may from time to time include links to third-party sites whose information practices may be different than ours. Visitors should consult the other sites' privacy policies, as we have no control over information that is submitted to, or collected by, these third parties.
SECURITY OF INFORMATION AND DISCLOSURES
King's Hawaiian uses reasonable security measures to safeguard information concerning, and submitted by, users like you. Despite the security measures employed by King's Hawaiian, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet.
When fulfilling service requests initiated by you, we may share your Personal Information with certain third parties to fulfill the requests. We may also share such information with service providers that perform business functions for us. For example, King’s Hawaiian occasionally hires other companies to provide limited services on our behalf including, but not limited to: website hosting, survey management, and social media enablement; answering customer questions about products or services; consulting services; data modeling; printing; sending postal mail; and processing panel registrations. In such cases, King’s Hawaiian may share your Personal Information as needed.
King’s Hawaiian may share Personal Information with certain other companies in order to provide them an opportunity to offer products or services that may be of interest to you.
CALIFORNIA RESIDENTS’ PRIVACY RIGHTS
Pursuant to California Civil Code Section 1798.83, if you live in the State of California, you may request certain information about the type of your Personal Information we share with third parties for direct marketing purposes and the identity of any such third party. Once per calendar year, California residents may request this information by contacting us as set forth below.
Additionally, California's Civil Code section 1798.100 et seq. (the California Consumer Privacy Act, or “CCPA”) provides residents of California a number of rights as they relate to Personal Information. These are the “right to know”, the “right to delete”, and the “right to opt-out”.
Right to Know. You may request that King’s Hawaiian provide you the specific pieces of Personal Information King’s Hawaiian has about you; categories of Personal Information we have collected about you; categories of sources from which the Personal Information is collected; categories of Personal Information that King’s Hawaiian sold or disclosed for a business purpose about you; categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and the business or commercial purpose for collecting or selling Personal Information. Please note that much of the information you can make a request for is already contained in this Policy. Should you wish to exercise this right, please see the section below which explains how to do so. If you do not have an account with King’s Hawaiian, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
Right to Delete. California law gives residents a limited right to request deletion of their Personal Information. However, this right is limited by a number of exceptions. Fundamentally, if King’s Hawaiian has a permissible need to retain Personal Information, we are not under an obligation to delete such information, even when requested. Generally, we retain Personal Information so we may complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with King’s Hawaiian; comply with a legal obligation; or otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which your provided the information. As such, we generally do not accept requests to delete Personal Information. However, we will respond to requests to remove Personal Information from some of our systems as a part of a request to close or otherwise disable a membership account. If you would like to request deletion of Personal Information, please see the section below which explains how to do so. If you do not have an account with King’s Hawaiian, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
Right to Opt-Out. King’s Hawaiian does not sell your Personal Information to third parties as described in the CCPA. However, if you would like to opt-out of marketing communications, please see the section above titled “Opting-In and Opting-Out”.
Designating an Authorized Agent. California law permits California residents to designate an agent to manage their rights under California law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising California Privacy Rights”. Note that If you do not have an account with King’s Hawaiian, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request. We will also need sufficient Personal Information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their Personal Information to us for the purpose of acting as your agent.
Non-discrimination. California law does not permit King’s Hawaiian to discriminate against you because you exercised any your rights under this title, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising California privacy rights. If you are a California resident and would like to exercise any of your rights you may do so by contacting us via the methods noted below. Please be aware that King’s Hawaiian will need to have sufficient information to be able to verify your identity and the rights you have in the data subject to your request.