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1. SCOPE AND APPLICABILITY
1.1 This Privacy Policy describes how Waipono Farms, together with its parents, subsidiaries, affiliates, brands, and related entities to the extent applicable (collectively, the "Company," "we," "us," or "our"), collects, receives, uses, stores, transfers, discloses, retains, and otherwise processes personal information in connection with https://www.waiponofarms.com, any linked websites or applications, any account portals, content downloads, ecommerce transactions, customer-service interactions, surveys, marketing communications, and any other online or offline interactions that expressly incorporate this Privacy Policy (collectively, the "Services").
1.2 This Privacy Policy does not apply to information that is subject to a separate privacy notice, employment-related information, or information processed solely on behalf of enterprise customers under a separate written agreement, except to the extent this Privacy Policy is expressly incorporated into such arrangement.
1.3 By using the Services or otherwise providing information to us, you acknowledge the collection and processing practices described in this Privacy Policy, subject always to any rights or choices you may have under applicable law.
2. CATEGORIES OF INFORMATION WE COLLECT
2.1 Identifiers and contact information, including name, alias, username, company name, title, postal address, billing address, shipping address, telephone number, email address, account credentials, and similar identifiers.
2.2 Commercial and transaction information, including product selections, quote requests, orders, invoices, payment status, delivery records, returns, service history, and related support records.
2.3 Device, browser, and usage information, including IP address, approximate geolocation derived from IP, browser and operating system details, device identifiers, pages viewed, links clicked, traffic source information, timestamps, session duration, error logs, and related telemetry.
2.4 Communications and submission data, including messages submitted through forms, customer service communications, uploaded files, reviews, survey responses, calendar booking submissions, and any information voluntarily provided during interactions with us.
2.5 Preference and inference data, including likely interests, language settings, communication preferences, and service usage patterns derived from user activity, to the extent permitted by law.
2.6 Sensitive information, if any, only to the extent specifically requested through a workflow that discloses such collection and the lawful basis for processing. Unless clearly stated otherwise, we do not seek to collect sensitive information for the purpose of inferring characteristics about individuals.
3. SOURCES OF INFORMATION
3.1 Directly from you when you fill out a form, place an order, create an account, request information, contact us, subscribe to communications, participate in promotions, or otherwise interact with the Services.
3.2 Automatically through cookies, local storage, server logs, pixels, tags, APIs, SDKs, and similar technologies used for site functionality, authentication, fraud prevention, analytics, personalization, and advertising measurement.
3.3 From service providers, marketing partners, social media platforms, payment processors, shipping carriers, public sources, data enrichment partners, and business counterparties, where lawfully permitted and operationally appropriate.
4. PURPOSES OF PROCESSING
4.1 To operate, maintain, troubleshoot, secure, and improve the Services and related internal business operations.
4.2 To create and administer accounts, process orders and payments, provide receipts and shipping notifications, administer subscriptions, and manage returns, refunds, replacements, or disputes.
4.3 To personalize user experiences, remember preferences, generate analytics, evaluate performance, develop new products or services, and conduct internal reporting.
4.4 To communicate with you regarding support issues, account matters, legal notices, policy changes, promotional messages, or other matters relevant to the Services or our relationship with you.
4.5 To prevent, investigate, and respond to fraud, abuse, security incidents, unlawful activity, terms violations, or claims affecting the Company, our users, or third parties.
4.6 To comply with law, legal process, regulatory expectations, industry standards, tax or accounting obligations, and reasonable corporate governance or transaction diligence requirements.
5. LEGAL BASES AND CONSENT MECHANICS
5.1 Where required by applicable law, we rely on one or more lawful bases for processing, including performance of a contract, compliance with legal obligations, legitimate interests that are not overridden by your rights, and consent where consent is required.
5.2 If we rely on consent for a specific processing activity, including certain cookies or direct marketing activities in some jurisdictions, you may withdraw that consent using available settings, the consent-management mechanism, unsubscribe tools, or by contacting us, provided that withdrawal will not affect processing already lawfully undertaken before withdrawal.
5.3 Where legitimate interests are relied upon, such interests may include operating and improving the Services, protecting systems and users, marketing our products and services in a proportionate manner, and managing ordinary business administration.
6. DISCLOSURES TO THIRD PARTIES
6.1 We may disclose personal information to service providers and contractors that perform services on our behalf, including hosting providers, payment processors, ecommerce platforms, marketing tools, analytics vendors, fraud prevention vendors, CRM platforms, support providers, shipping and logistics vendors, accountants, auditors, and legal advisors.
6.2 We may disclose information within our corporate group and to transaction counterparties or advisors in connection with financing, diligence, restructuring, sale of assets, merger, acquisition, bankruptcy, or similar strategic events.
6.3 We may disclose information to government agencies, courts, regulators, law enforcement, or other third parties when we determine disclosure is reasonably necessary to comply with law, protect legal rights, investigate wrongdoing, or prevent harm.
6.4 We may disclose deidentified or aggregated information that cannot reasonably be used to identify an individual, subject to applicable law and our commitments regarding reidentification.
7. COOKIES, ADVERTISING, AND ANALYTICS
7.1 We and our partners may use cookies and similar technologies for essential website functions, session continuity, account authentication, shopping cart functionality, traffic measurement, debugging, fraud prevention, personalization, campaign attribution, and advertising effectiveness measurement.
7.2 Where legally required, non-essential cookies and similar technologies are deployed only after the user has been given the requisite disclosures and choice mechanisms. Your browser or device may also offer settings to block or delete certain technologies, though doing so may affect site functionality.
7.3 If the Services use third-party analytics or advertising technologies that support interest-based advertising or cross-context behavioral advertising, additional opt-out rights or browser signals may apply depending on your jurisdiction.
8. RETENTION, SECURITY, AND DATA GOVERNANCE
8.1 We retain personal information for as long as reasonably necessary to fulfill the purposes described above, including to provide requested services, complete transactions, maintain business records, resolve disputes, enforce agreements, and comply with legal, tax, accounting, or regulatory obligations.
8.2 Retention periods may vary by data category, sensitivity, business need, and legal requirement. We may retain limited information for backup, archival, fraud prevention, audit, or evidentiary purposes where reasonably necessary.
8.3 We maintain administrative, technical, and physical safeguards designed to protect personal information against accidental, unlawful, or unauthorized destruction, loss, alteration, disclosure, or access. No security program, however, can guarantee absolute security, and users should use caution when transmitting information over the internet.
9. RIGHTS AND CHOICES
9.1 Depending on where you reside, you may have rights to request access to, correction of, deletion of, portability of, restriction of, or objection to certain processing of your personal information; to appeal a denial of your request; or to opt out of certain profiling, targeted advertising, or sales/sharing activities.
9.2 We may take steps to verify your identity and authority before honoring a rights request and may deny or limit a request as permitted by law, including where an exemption or exception applies or where we cannot reasonably verify the request.
9.3 You may designate an authorized agent where permitted by law. We may require proof of such authority and may still verify the request directly with the relevant individual.
10. INTERNATIONAL TRANSFERS; CHILDREN; CHANGES; CONTACT
10.1 If the Services are operated from or supported by personnel, vendors, or infrastructure located in more than one jurisdiction, personal information may be transferred to and processed in countries other than the user's country of residence, subject to lawful transfer mechanisms where required.
10.2 The Services are not directed to children under the age specified by applicable law, and we do not knowingly collect personal information from children in violation of applicable law. If you believe a child has provided us information improperly, contact us so we may take appropriate steps.
10.3 We may revise this Privacy Policy from time to time. Any updated version will be posted with an updated effective or last-updated date, and material changes may also be communicated through the Services or by other appropriate means.
10.4 Questions, complaints, or requests regarding this Privacy Policy may be directed to Waipono Farms, Attn: Privacy Officer, info@waiponofarms.com.
11. CHOICE OF LAW
11.1 This Privacy Policy is governed by the laws of the State of Hawaii and, to the extent they govern, the laws of the United States of America, in both cases without regard to any choice of law analysis.