Blue Hawaiian Activities Privacy Policy

Last Revised:

Helicopter Consultants of Maui, LLC, d/b/a Blue Hawaiian Activities (“Blue Hawaiian Activities,” “we,” or “us”) respects your privacy.  This Privacy Policy describes the types of information we may collect from you when you visit all Blue Hawaiian Activities-owned websites and domains, including https://resortatpapakea.bluehawaiianconcierge.com or https://www.bluehawaiian.com, or use our other products and services that include an authorized link to this Privacy Policy (collectively, the “Services”).  This Privacy Policy describes (i) how we use the information we collect, (ii) with whom we share it, (iii) how we protect it, and (iv) the choices we offer you regarding our collection and use of such information. We are constantly working to improve our administrative, technical, and physical safeguards to protect your personal information. California residents, please also visit our CCPA Notice, available here. If you do not agree with this Privacy Policy, do not access or use any part of the Services.

1. Information We Collect

Where We Collect It From. We may collect personal information about you, meaning information that can uniquely identify you, from various sources, such as:

  • Directly from you when you use the Services, such as when you submit a form, register for an account, access certain features or content, or contact us;
  • Social networks through which you may interact with us; and
  • Our agents, service providers, business partners, and other third parties we engage to provide you the Services.

What We Collect. The personal information we collect about you may include, without limitation:

  • Contact information, such as name, address, email address, and phone number;
  • Login information, such as username, password, and security questions and answers;
  • Information necessary for the Services, such as weight and date of birth;
  • Employment information, such as job history;
  • Legal, Authentication, and Security information, such as your government identification;
  • Payment and financial details, such as date of payment, payment method, name, and price.  We use a third-party payment processing service to process all payments and do not collect any bank information or credit card information.
  • Preference information, including preferences related to promotions and marketing; and
  • Other information you choose to provide, such as voluntary information provided when you contact us.

Automatic Collection.  When you use the Services, we may also collect certain information by automated means, such as cookies and web beacons. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.  A “web beacon,” also known as an Internet tag, pixel tag, or clear GIF, is used to transmit information about actions of the user opening the page or email containing the beacon back to a web server.  We may also use third-party analytics tools (such as Google Analytics, Hotjar Analytics, Meta Pixel, Google Tag, and Hubspot) that collect information about use of the Services and user traffic. The information we collect by automated means may include, without limitation:

  • Information about the devices you use to access the Services (such as the IP address and the type of the device, operating system, and web browser);
  • Dates, times, and duration of use of the Services (including whether you are a repeat or first-time visitor); and
  • Information on actions taken when using the Services (such as page views and website navigation patterns).

Types of Cookies. The bullet points below outline the types of cookies we use on our Services and why we use them.

  • Strictly Necessary. These cookies are essential for the Services to perform their basic functions. These include cookies that are required to allow registered users to authenticate and perform account related functions.
  • Analytics and Performance. Performance cookies collect information on how users interact with our Services, including what pages are visited most, as well as other analytical data. We use these details to improve how our Services function and to understand how users interact with our Services.
  • Functionality. These cookies are used to store preferences set by users such as account name, language, and location.
  • Security. We use these cookies to help identify and prevent potential security risks.
  • Advertising. These cookies are used to display relevant advertising to users who use our Services, as well as to understand and report on the efficacy of ads served on our Services. They track details such as the number of unique visitors, the number of times particular ads have been displayed, and the number of clicks the ads have received. They are also used to build user profiles, including showing you ads based on products or services you’ve viewed or acts you have taken on our (and other) websites and services. These are set by us and trusted third party networks and are generally persistent in nature.
  • Embedded Content. Services hosted by us make use of different third-party applications and services to enhance the experience of Service visitors. As a result, cookies may be set by these third parties, and used by them to track your online activity. We have no direct control over the information that is collected by these cookies.
  • Google Tag Manager – The Services may use Google Tag Manager to manage website tags. A tag is a JavaScript snippet used to send information from a website to recipients, in particular in the context of web tracking. The Google Tag Manager tool itself does not collect any personal data. The tool triggers other tags that may collect data (e.g. the Google Analytics tag). Google Tag Manager does not access this data. If deactivation has been made at the domain or cookie level, it will remain in effect for all tracking tags implemented with Google Tag Manager.  This makes it easier to effectively implement your need against tracking procedures.

Statistical Information.  The information we collect automatically is statistical data and may include personal information. It helps us to improve and personalize our Services, including by enabling us to identify and authenticate users.

2. How We Respond to “Do Not Track” Signals

A do not track signal (“DNT”) prevent web applications from tracking you, you can learn more about DNT at https://allaboutdnt.com.

Your web browser may let you choose your preference as to whether you want to allow the collection of information about your online activities over time and across different websites or online services. At this time, the Services do not respond to the preferences you may have set in your web browser regarding such collection of your information, and the Services may continue to collect information in the manner described in this Privacy Policy. However, in some instances our third-party service providers who integrate within our Services do honor DNTs.

3. Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications available through the Services, including advertisements, may be served by third parties. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Services, such as your IP address, pages you visit, and when you view a page or open an email in which a tag is embedded. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content and for other purposes. We do not control these third parties’ tracking technologies or how they may be used. The information practices of these third parties are governed by their own privacy policies and are not covered by this Privacy Policy. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. If you are visiting the Services from the EEA or UK, then we do not set, or allow our ad partners to set, cookies that are used to show you targeted ads before you click to accept. When you consent in this manner, we and our advertising partners may set advertising cookies on the Services. We’ll display the banner to you periodically, just in case you change your mind.

4. How We Use the Information We Collect

We may use information we obtain about you to:

  • To fulfill or meet the reason you provided the information. For example, if you provide your name and contact information on a voluntary submission form, we will use that personal information to respond to your inquiry.
  • Send you information or materials you request;
  • Maintain a record of your activity using the Services;
  • Respond to your questions and comments and provide customer support;
  • Communicate with you about our products, services, offers, and promotions;
  • Operate, evaluate, and improve our business and services we offer;
  • Analyze and enhance our marketing communications and strategies;
  • Protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
  • Enforce our Terms of Use and other agreements; and
  • Comply with applicable legal requirements and industry standards.

Combined Information. We may combine the information we collect with publicly available information and information we receive from our parent, affiliate, or subsidiary companies, business partners, and other third parties.  We may use that combined information to enhance and personalize your experience with us, to communicate with you about products, services, and events that may be of interest to you, for promotional purposes, and for other purposes described in this Privacy Policy.

Other Uses. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

5. Disclosure of Information

Who We Disclose To. We may disclose aggregated information about our users without restriction. We may disclose personal information about you:

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • To enforce or apply our Terms of Use and other agreements;
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Blue Hawaiian Activities, users of the Services, or others; and
  • With your consent.

We also reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets, equity or similar transaction.  Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Privacy Policy.

6. Data Security

We have implemented measures intended to protect your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Please note that the electronic transmission of information is not completely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of personal information is at your own risk.

7. Your Choices

We offer you the following choices about the information we collect from you and how we communicate with you:

  • Cookies.
    Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of the features of the Services.
  • Promotional Communications.
    If you have received a promotional email from us, you can opt out of receiving future promotional emails from us by following the unsubscribe instructions contained in such email.  If you opt out, we may still send you non-promotional communications, such as those about the Services you have requested.
  • Web Analytics
    • You may opt out of the aggregation and analysis of data collected about you on our website by Google Analytics by visiting https://tools.google.com/dlpage/.
    • To learn more about Hotjar’s analytics services and privacy practices, see the ‘about Hotjar’ section of Hotjar’s support site.  To opt-out data collection by Hotjar, see https://www.hotjar.com/legal/compliance/opt-out/.
    • You may opt out of the aggregation and analysis of data collected about you on our website by HubSpot by emailing privacy@hubspot.com.
    • To learn more about Facebook’s privacy practices, see facebook.com/policy.php.
  • Third-Party Tracking
    Although we do not control third parties’ collection or use of your information to serve interest-based advertising or other targeted content, a number of these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted advertisements from members of the Network Advertising Initiative by visiting http://www.networkadvertising.org/choices.

8. Accessing and Changing Your Information

You may request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. You may make such an access, correction, or deletion request: (1) if you are a California resident, by submitting the request form located [here – link to CCPA form]; or (2) if you are not a California resident, by submitting the request form located here; or (2) if you are not a California resident, by submitting the request form located here.

9. Your California Privacy Rights

The CCPA Privacy Notice for California Residents supplements the information contained in this Privacy Policy. The CCPA Privacy Notice applies to California residents from whom we collect personal information through the Services.

10. Children Under the Age of 13

The Services are not directed to, and we do not knowingly collect or solicit personal information from, children under the age of 13. If we learn we have collected or received personal information from a child under the age of 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us.

11. Changes to Our Privacy Policy

We reserve the right to update or change this Privacy Policy at any time. If we make a material change to our Privacy Policy, we will provide notice to you (such as by email or posting on our website) that our privacy practices have changed and will provide a link to the new policy. In the event we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use. The date this Privacy Policy was last revised is at the top of this page. We encourage you to review this Privacy Policy periodically to check for any updates or changes.

12. Data Transfers

We are based in the United States. When we obtain information about you, we may transfer, process, and store such information outside of the country in which you reside, including in the United States. By using the Services, you consent to the transfer to and processing and storage of your information in countries outside of your country of residence, which may have different data protection laws than those in the country where you reside.

13. Notice to EEA and UK Residents

Privacy and security are key to our approach to product development and business.  We continuously evaluate all our practices in an effort to safeguard your information as effectively as possible.  In that vein, we’re glad to comply with the General Data Protection Regulation (GDPR) and to help our customers comply with GDPR.

13.1 Legal Basis.  Our legal basis for processing and collecting personal information varies based on the context for which it is collected.  However, we will normally collect personal information only as necessary to perform a contract with you (such as when we provide the Services you request), as noted in this Privacy Policy, and otherwise with your explicit consent.

13.2 Transfers of Data.  We are based out of the United States and thus must transfer your personal information across borders.  We have taken appropriate safeguards to ensure your personal information is protected in accordance with this Privacy Policy through implementing additional safeguards, such as the standard contractual clauses.

13.3 Retention of Data.  We will only retain personal information for as long as it is required to provide you the Services you have requested, or as otherwise required by applicable law.

13.4 Your Rights.  You may exercise the rights afforded to you under the GDPR, including the right to access, correct, update, and/or delete your personal information.  You may also object to the further processing of your personal information and request portability of your personal information at any time by contacting us using the information provided below.

13.5 Consent.  You may withdraw your consent that allows us to collect, store, and otherwise process your personal information, at any time.  Please contact us using the information provided below to do so.

13.6 Data Protection Authority.  You have the right to complain to an applicable data protection authority.  For more information, please contact your local data protection authority, contact information may be found here.

14. Contact Us

If you have any questions about this Privacy Policy or our information practices, please write to us at 1 Kahului Airport Road, #105, Kahului, Hawaii 96732.