This statement outlines the policies and practices of Maui Ocean Center (“MOC”, “We” or “Us”) regarding the collection and use of Your personal information from Your visit at mauioceancenter.com or any other websites owned or operated by Coral World International (collectively, the “Site” or “Sites”), on Our social media pages, in email, text, and other electronic messages between you and the Sites. It includes our policies for MOC Members and non-members.
The websites or apps of third parties to which we provide information to or which provide information to Us may have their own privacy policies, which We encourage you to read before providing information on or through them.
Information We Collect, How We Use It and How You Can Update/Delete It Accessing and Modifying Your Personal Information.
You control the personally identifiable information about you, such as your name, address, phone number and email address (“Personal Information”), that you share with us. You can correct, delete, or modify this data at any time. You can also delete your account. We also provide you tools to restrict or withdraw consent where applicable for the use of data you have provided to MOC. And we provide easy ways for you to contact us.
If you are a registered user of our Services, we provide you with tools and account settings to access, correct, delete, or modify the Personal Information you provided to us and associated with your account. If you have granted us consent to access and use your personal data, you can withdraw that consent at any time. You can request that we stop using your personal data for certain or all purposes, or for a certain amount of time, or that we stop sharing your personal data with third parties.
You can also permanently delete your account. If you follow the instructions here, your account will be deleted within ten (10) business days. If you wish to reinstate your account, you must contact MOC directly at the contact information below.
When You browse our Sites, We do not collect Personal Information, unless You voluntarily provide it to us. This means that We will not know your Personal Information just because You browse our Sites unless You have created an account and login when You access the Sites or access the Sites from a link in an email that We sent to you.
When We need to collect Personal Information from You to provide You with a particular service, We will ask You to voluntarily supply Us with the information We need, as explained below.
General Information Collected
To monitor site usage and improve the quality of our Sites, We gather general information about the use of our Sites. We use web server logs and industry-standard website statistics software to count the number of users who visit our Sites and to count the number of views of particular pages, as well as to track other general statistics about our Sites. We do not track individual users’ visits to our Sites. We collect, to provide general information about our services, communicate updates and for other business relationships.
Information Collected from Surveys
We may conduct online surveys via pop-up windows on our Sites or email communication. Participation in such surveys is voluntary and You may decline to participate. In general, the data collected in such surveys will be used by MOC and not shared with any third parties.
Information Collected to Process a Transaction
To conduct a transaction on the MOC Site, visitors muse provide name, address, telephone, email address, and credit card number or other payment information. This information will not be shared or sold to third parties.
Information Payment Method
Payment information, such as your credit card details, is collected only to process a transaction and is stored in an encrypted format. We use reasonable measures to ensure your payment information is not vulnerable to theft or interception. We will not store or distribute your payment information in a manner that is not necessary for processing a transaction.
MOC offers members certain services through the restricted-access “Members Only” section of our Sites. In the Members Only section, members can access and update their Member Profiles, which include Personal Information We have collected from each member as part of their membership application. Member Profiles are maintained for the Main and Associate member contacts in our main membership database. This information includes information such as member ID number, name, firm/organization, address, telephone and fax numbers, and email address.
The Member Profiles are used by MOC to distribute certain marketing materials by mail, fax or email. If You are a member and wish to elect not to be included in any of these communications, You may opt-out using the methods listed below.
Information Collected to Access Certain Private Sections
The safety and security of Your information also depends on You. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, You are responsible for keeping this password confidential. We ask You not to share Your password with anyone.
It is our intention to only send You email communications that You want to receive. When You provide Us with your email address by creating a login account, We will periodically contact You via email about MOC programs and services. Every time You receive an email, You will be provided the choice to opt-out of future emails by following the instructions provided in the email. You may also opt-out by emailing email@example.com or sending a letter to:
Maui Ocean Center
Attention: Email Opt-Out
192 Ma`alaea Road
Wailuku, HI 96793
Please allow 10 business days for Us to process your opt-out and include your email address if You opt-out via postal mail. Note that even if You unsubscribe or opt-out, We may still send You transactional, relationship or service-related emails.
Please note that MOC will never send You an email requesting your password, credit card number, social security number or other similar personal or private identification information. If You receive an email that looks like it is from U.S. Travel, but asks You for personal information, it is a fraudulent email and You should not reply or provide such information.
Submitting Information and Materials
Please be aware that whenever You voluntarily post information or materials to public areas on the Sites or any other public forums, such information and materials can be accessed by the public. If You submit information, comments or materials to the Sites or on Our social media pages or apps, You agree that we may freely use them, along with your name and location.
Retention of Information and Materials
We retain the Personal Information and materials We may collect and you provide Us for no longer than is reasonably necessary for us to achieve the purposes for which you have provided it to Us, or to the extent reasonably necessary for Us to protect our rights, or as may be required to fulfill Our legal obligations.
Disclosure of Information to Third Parties
U.S. Travel uses the services of third parties, such as interactive marketing agencies, market researchers and email service providers, to assist Us with marketing and promoting our Sites. These parties are contractually prohibited from using personally identifiable information for any purpose other than for the purpose U.S. Travel specifies. We do provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to us. We do not permit the sale of Personal Information, with a limited exception for Member-related and IPW transactions. We also may disclose Personal Information in certain situations.
We rely on the following legal bases for processing and use of your Personal Information:
Performance of a Contract: We may collect and use your Personal Information that is necessary for Us to enter into a contract with you or to fulfill a contract that you may have entered with us, or to take steps requested by you prior to entering into a contract with Us, for example, when you decide to register with Us to attend certain MOC events.
Legitimate Interests: We may use your Personal Information as necessary for our legitimate interests consistent with the products, services, and content on ustravel.org or any other websites owned or operated by MOC, such; and on Our social media pages, in email, text, and other electronic messages between you and the foregoing sites, and for Our Promotions.
Consent: We also may collect and share your information with your consent. To withdraw your consent, you may contact Us via Our contact information, which is provided to you below.
By registering for or attending certain events, MOC may use your Personal Information to: (a) enable your event registration; (b) market MOC opportunities in which you may be interested; (c) share your Personal Information with third parties that perform services on behalf of MOC in connection with the event, including, but not limited to, database management; and (d) share your Personal Information with third parties who sponsor the event for their marketing purposes. To opt out of receiving email communications from any such companies, you may unsubscribe from their email marketing lists using the information provided in such email communications. To opt-out of MOC communications, please follow the methods detailed below.
Cookies and Pixel Tags
Pixel tags are not visible to the user of the Sites and consist of a few lines of computer code. Pixel tags are not used to collect any personally identifiable information about you. Our Sites use pixel tags to track the aggregate number of page views made on our Sites by all Sites visitors. We also use social media pixels in compliance with the policies of the various social media sites, such as Facebook, Twitter and LinkedIn, to track cookies. These pixels allow social media sites to track visitors to outside websites in order to tailor the advertising messages that users see while visiting that social media website. Our email service provider uses pixel tags to determine your ability to receive HTML-based email messages. This capability helps our service provider send email in a format You can read. The sensor does not collect or use any other information. Pixel tags also allow Us to know how many users open an email and allow our service provider to compile aggregated statistics about an email campaign for us.
Securing Your Information
The Personal Information You provide is encrypted and sent to Us using a secure method. We treat personal information You provide as confidential information, and We use commercially reasonable security measures to protect personal information from unauthorized access, alteration, disclosure or destruction. After Personal Information reaches U.S. Travel, it is stored on a secure server that resides behind firewalls designed to block unauthorized access.
However, please understand that no one can provide an absolute guarantee that information intended to be maintained as private, whether transmitted via the Internet or otherwise, cannot be accessed inappropriately or unlawfully by third parties. We have taken and will continue to take reasonable steps to ensure the secure and safe transmission of your personal information. You understand and agree that such steps do not guarantee that use of the Sites is invulnerable to all security breaches, and that MOC makes no warranty, guarantee, or representation that use of any portion of our Sites is protected from viruses, security threats or other vulnerabilities.
In the event of a security breach, MOC will promptly notify you of any unauthorized access to your Personal Information. MOC has incident management policies and procedures in place to handle such an event.
This is a United States website and is subject to laws of the United States and the State of Hawai`i. MOC may disclose personally identifiable information without your permission if required by law or in the good faith belief that such action is necessary to (a) comply with legal requirements or legal process served on U.S. Travel or one of its affiliates, or (b) investigate or protect against harmful activities to U.S. Travel or its associates, property (including our Sites) or to others.
Personal Information of Children Under Age 16
The Sites are not intended for children under 16 years of age. No one under age 16 may provide any Personal Information to or on the Sites. We do not knowingly collect Personal Information from children under 16. If you are under 16, do not use or provide any information on the Sites or on or through any of its features/register on the Sites, make any purchases through the Sites, use any of the interactive or public comment features of the Sites or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If We learn we have collected or received Personal Information from a child under 16 without verification of parental consent, We will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the email or mailing address below.
Contacting MOC About Privacy Issues
By email at: firstname.lastname@example.org
By phone at: 808.270.7000
By mail at: Maui Ocean Center
Attention: Privacy Issues
192 Ma`alaea Road
Wailuku, HI 96793
- Users. If You submit or otherwise provide information to MOC, such information must be true, accurate, current and complete, and You shall maintain and promptly update such information to keep it true, accurate, current and complete, and the truth, accuracy, currency and completeness of such information is a condition to Your use of the Sites and Services. If We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We may suspend or terminate Your use of the Sites or Services (or any portion thereof).
- Visitors. Visitors may browse the Sites in accordance with this Agreement and will not have access to certain Services without becoming a Registered User.
- Registered Users. Certain Services are only available to Registered Users who set up an Account prior to accessing such Services. When You set up an Account, You are required to enter an email address and password (collectively, “Account Information”) to access the Services. Certain Services are available only to Registered Users who are employees of a U.S. Travel member company. Members may not transfer or share Account Information with anyone except for authorized individuals within their company. You are solely responsible for maintaining the confidentiality of Your Account Information, and You are fully and solely responsible for all activities that occur under Your Password or Account identification. You must ensure that You exit from Your Account at the end of each session. You agree to immediately notify Us of any unauthorized use of Your Account Information or any other breach of security. We strongly recommend that You change Your password on a periodic basis and whenever You suspect that knowledge of the password has been compromised. It is your responsibility to protect the confidentiality of your Account Information. We assume no liability for any access to information that is accessed with Your Account Information.
You are solely responsible for any and all use of Your Account. Without limiting any rights which MOC may otherwise have, MOC reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and Your Account, including, without limitation, terminating Your Account, changing Your password, or requesting additional information to authorize transactions on Your Account. Notwithstanding the above, MOC may rely on the authority of anyone accessing Your Account or using Your password and in no event and under no circumstances shall MOC be held liable to You for any liabilities or damages resulting from or arising out of (i) any action or inaction of MOC under this provision, (ii) any compromise of the confidentiality of Your Account or password, and (iii) any unauthorized access to Your Account or use of Your password. You may not use anyone else’s Account at any time without the permission of the Account holder. The security of Your personally identifying information is important to us. While there is no such thing as perfect security on the Internet, We will take reasonable steps to help ensure the safety of Your personally identifying information. However, You understand and agree that such steps do not guarantee that the Sites are invulnerable to all security breaches, and that MOC makes no warranty, guarantee, or representation that any portion of our Sites is protected from viruses, security threats or other vulnerabilities.
- License. We hereby grant to You a limited, non-exclusive, non-transferable license to access the Sites and use the Services solely for internal business purposes and personal use only as permitted under this Agreement. We reserve the right, in our sole discretion, to deny use of the Sites or Services to anyone for any reason. You acknowledge and agree that we, in our sole discretion, at any time and with or without notice, may block or terminate your or any other party’s access to all or part of the Sites or Services, or change or discontinue any aspect or feature of the Sites or Services (including, without limitation, discontinuing any of the Sites or Services in their entirety); and that, without limitation of any other provisions of this Agreement, We reserve the right to take any actions at law or in equity that We deem appropriate in connection with the Sites, Services and this Agreement.
- Proprietary Rights.
- You understand and acknowledge that the Sites, the contents of and information displayed on the Sites, trademarks, service marks, logos, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights or intellectual property of MOC and/or other parties are protected by U.S. and international laws, and are the property of the MOC and/or other parties. The downloading, reproduction, distribution, republication, uploading, transmission, or retransmission of, or creation of derivative works from, sale, rent, licensing, or transfer any of the Sites’ contents, other than for non-commercial individual use is strictly prohibited. No license to or right in any trademarks, patents, copyrighted materials, software, trade secrets, technologies, products, processes or other proprietary rights of intellectual property of MOC and/or other parties is granted to or conferred upon You unless expressly permitted. All rights not expressly granted are reserved.
- No Interference. You agree that You will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Sites or the Services, including through the upload or other transmission of any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment or use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Sites or otherwise monitor or copy any portion of the Sites, products and/or Services. You further agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, You agree that You will not use any robot, spider, other automatic device, or manual process to frame, scrape (including through the use of any data mining, or similar data gathering and extraction methods), monitor or copy our web pages or the content contained herein, or change, modify, adapt, or otherwise alter the site, or change, modify, or alter another website so as to falsely imply that it is associated with the Sites, without the prior express consent from an authorized MOC representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to the Sites)..
- Your Warranties. You represent and warrant that You shall not use any MOC products or Services in a way that violates the privacy or data protection rights of any third party, or any applicable privacy or data protection laws or regulations. You further represent and warrant that, to the extent required by law, You have obtained consent for use of the Sites or Services to access or monitor communications or any personal data, including geo-location data, of any third party. Use of the Sites or Services for any illegal purpose is strictly prohibited and a violation of these Terms. You agree not to use the Sites or Services in any manner that: (a) violates any local, state, national or international law; (b) threatens, stalks, harasses, abuses, defames, slanders, or in any other way harms another individual or business organization; (c) collects or stores personal data about other users without their consent, or otherwise prepares, compiles, uses, downloads or copies any user information and/or usage information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (d) impersonates any person or entity, misrepresents Your affiliation with a person or entity, or otherwise creates a false identity for the purpose of misleading others; (e) infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights; (f) is vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive; (g) advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party; (h) promotes sexually explicit or pornographic material or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (i) constitutes unsolicited or unauthorized advertising, junk or bulk email (spam), chain letters, or any other unsolicited commercial or non-commercial communication; or (h) transmits any material or communications that contain a petitions for signatures, chain letters or letters relating to a pyramid scheme.
- No Warranty. All INFORMATION ON THE SITES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- User Contributions. The Sites, our social media pages and applications may contain message boards, chat rooms, forums, bulletin boards, and certain other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (“post”) content or materials, feedback, questions, comments, suggestions and the like (collectively, “User Contributions”) on or through the Sites or Services or social media pages and apps, respectively. User Contributions shall include, without limitation, social media posts where you “tag” Our social media accounts. With respect to all communications You make via these Sites, our social media pages and apps, including but not limited to User Contributions: (a) You shall have no right of confidentiality in the User Contributions, and We shall have no obligation to protect your communications from disclosure; (b) We shall be free to reproduce, use, disclose and distribute User Contributions to others without limitation; (c) We shall be free to use any ideas, concepts, know-how, content or techniques contained in User Contributions for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information; and (d) You grant Us and other Users of the Sites a non-exclusive, royalty-free, perpetual, world-wide, irrevocable, sub-licensable and transferable right and license to use, reproduce, create derivative works of, distribute, or publicly display User Contributions, along with your name and location, freely, and for any purpose whatsoever. You represent and warrant that: (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; and (b) all of your User Contributions do and will comply with these Terms. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted or communicated by You or any other user of the Sites.
We have the right to: (a) Remove or refuse to post any User Contribution for any or no reason in our sole discretion; (b) Take any action with respect to any User Contribution that We deem necessary or appropriate in our sole discretion, including if We believe that such User Contribution violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for Us; (c) Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy; (d) Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites; (e) Terminate or suspend your access to all or part of the Sites for any or no reason, including, without limitation, any violation of these Terms.
Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Sites. We will disclose any information regarding the use of the Sites, including personal information pertaining to You, without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to Us (including the Sites) or to others. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- Errors. Information and content on these Sites may contain technical inaccuracies and typographical errors. You agree that We are not responsible or liable for any such inaccuracies, errors or omissions, and shall have no obligation related to information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to information and contents on the Sites, and to the products and programs described in such information therein, at any time without notice, including after confirmation of a transaction.
- No Arrangements for Prohibited Persons. We are a United States entity and are prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury. You agree to use all reasonable efforts not to arrange travel for any of these prohibited persons and understand that doing so is grounds for termination from participation on the Sites.
- Links. If You choose to leave this Sites via links to third party websites, including those of advertisers, We are not responsible for the privacy policies of those sites or the cookies those sites use. In addition, because We have no control over such sites and resources, You acknowledge and agree that We are not responsible for content on or the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You should carefully review their privacy statements and other conditions of use.
- Suitability of Service. We are providing information and services on the Internet as a benefit and service in furtherance of our nonprofit and tax-exempt status. We make no representations about the suitability of this information and these services for any purpose.
- Digital Millennium Copyright Act. We respect the intellectual property of others, and We ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A specific description of the copyrighted work that You claim has been infringed;
- A specific description of where the material that You claim is infringing is located on the Sites or Services;
- Your name, address, telephone number, and email address;
- A written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A written statement by You, made under penalty of perjury, that all of the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Sites or Services can be reached by directing an email to the Copyright Agent email@example.com. It is our policy to terminate the user accounts of repeat infringers.
- Termination of Account. We may terminate Your use of the Sites and/or Your Account for any reason at any time. You understand that termination of this Agreement and Your Account may involve deletion of Your information from our live databases as well as any content that You uploaded to the Sites using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITES OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU.
- Indemnification. To the extent permitted by law, You agree to indemnify, defend and hold harmless Us, our parents, subsidiaries, affiliates, officers, directors, licensors, co-branders, suppliers, and other partners, employees, consultants and agents, together with all of their respective officers, directors, employees and consultants, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any information You submit, post or transmit through the Sites or Services, (b) Your use of the Sites or Services, (c) Your violation of this Agreement, (d) Your violation of any rights of any other person or entity or (e) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Services. We reserve the right to exclusively defend and control any such indemnification matters; and that You will fully cooperate with Us in any such defense.
- No Waiver. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Sites or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. You and We are acting as independent contractors, and nothing in this Agreement creates an agency or partnership. You may not assign Your rights under this Agreement without our prior written consent, and any attempted assignment will be null and void.
- No Modification. This Agreement may not be modified, in whole or in part, except by Us and as otherwise might be specifically described elsewhere in this Agreement; and anything contained on or provided through this site that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement.