Effective: February 4 th , 2022
Hokali, Inc., a Delaware corporation, and or any of its current or future subsidiaries, affiliates, successors or assigns (collectively, “Hokali”, “we”, “us” or “our”) respects your privacy and strives to earn and keep your trust.
Please read this Privacy Policy to learn how we treat your personal data.
By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use, and share your information as described in this Privacy Policy.
Remember that your use of Hokali’s Services is always subject to our Terms of Use which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
You may print a copy of this Privacy Policy by clicking here. If you have a disability, you may access this Privacy Policy in an alternative format by contacting support@hokali.co.
What this Privacy Policy Covers
What Information We Collect
How We Use Your Personal Data
Confidentiality & Security
Updating or Deleting Your Personal Data
California Privacy Rights
International Privacy Practices
Collection of Information by Third-Party sites, ad Servers, Sponsors
Children’s Privacy
Changing Our Privacy Policy
Contacting Hokali
This Privacy Policy applies to information we collect from you through our online interfaces (e.g., websites and mobile applications, collectively, “Site”), Hokali Sessions™, widgets, and electronic newsletters or communications (collectively, the “Services”) that link to this Privacy Policy. We are responsible to ensure that the information you submit to us is used only in accordance with the terms of this Privacy Policy. This Privacy Policy applies to all personal data collected or submitted on the Site or Services.
This Privacy Policy provides information on how we collect your personal data, what types of personal data we collect, how we use your personal data, with whom your personal data may be shared, how we protect and how long we store it, and what choices you have about how that information is used.
By using the Site, you will be provided the opportunity to expressly consent to our collection, use and disclosure of your personal data in the manner described in this Privacy Policy. If you do not provide us such express consent regarding your personal data being transferred or used as described in this Privacy Policy, you will not be able to utilize the full functionality of the Site or your account may be deactivated should such consent be a requisite for accessing the functionality or feature you request.
Any capitalized terms used but not defined herein shall have the meaning provided for such terms in our Terms of Use (“Terms”).
The information we collect will vary based on your use of the Site and or the Services and information, actions you elect to take, and based on such actions the information and data you elect to submit (for example, if you elect to create an Account certain information will be requested, some of which is required to create the Account and some of which is optional).
Based on the foregoing, the information we collect may include:
1. Information relating to your use of our Site or Services. When users come to our Site, we may track, collect, and aggregate information indicating, among other things, which pages of our Site were visited, the order in which they were visited, when they were visited, and which hyperlinks were clicked. We also may collect information from the URLs from which you linked to our Site. Collecting such information may involve logging the IP address, operating system, and browser software used by each user of the Site. We may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of their point of connectivity. Location data may be used to route your traffic to the nearest regional server to reduce latency and improve your experience. We may also use cookies and web beacons when you visit our Site.
2. Personal Data provided directly by you or via third parties. We collect Personal Data that you provide to us when you register for an account, update or change information for your account, purchase products or Services, complete a survey, sign-up for email updates, participate in our public forums, send us email messages, and/or participate in Hokali Sessions™ or other Services on our Site. We may use the Personal Data that you provide to respond to your questions, provide you the specific Service you select, send you updates about Hokali events, and send you email messages about Site maintenance or updates.
● Personal identification information. If you register for an account on our Site, you may be required to provide us with certain Peronal Data such as your name, email address, zip code, username, and password.
● Identify Verification. Hokali may offer you the ability to verify your identity for select Services. In order to enroll for these Services, you may be required to provide us or our third- party identity verification vendor with Personal Data such as your name, address, date of birth, a headshot taken using a webcam, and a photo identification document. Additionally, if you apply for financial aid in connection with these Services, you may be required to provide information regarding your income.
● Communications with Hokali. We may receive Personal Data when you send us an email message or otherwise contact us.
● Third-Party Sites. We may receive Personal Data from any third party, affiliate, referral source, a separate user of the Services, marketplace, store, social media network, or other service, website, or application that you use, which refers you to Hokali, or which contains or embeds any of the Services. In addition, we may receive Personal Data when you access or log-in to a third-party site, e.g., Facebook, from our Sites. This may include the text and/or images of your Personal Data available from the third-party site.
● Third Party Payment Processing. Hokali provides you with the ability to pay for Services using a credit card or other methods through a third-party payment processing service provider. Please note that Hokali uses a third-party vendor which directly receives and stores personal credit card data and manages credit card processing for subscriptions and transactions and that our service provider –not Hokali– collects and processes your financial information.
● Hokali Sessions™. Hokali Sessions is a feature within the Hokali App that allows users to utilize data-tracking features, including GPS location data, to record surf sessions, including waves ridden, top speed attained, and the length of your longest ride. If you have a Premium Membership, additional information may be available through Hokali cameras (e.g. location information through the GPS tracker in your mobile device interacting with our App during the time your Surline Session™ is active; device information, including the operating system; sensory and motion data from your mobile device, including information from the location and motion sensing hardware within your device, in order to calculate and the detect information about your ride, including the length of rides, maximum speed, and attempted waves; information about your ride history, including number of waves over time, number of ride sessions over time, number of ride sessions in specific surf locations, the longest (time and distance) waves, and the maximum speed on waves. If you have a Premium Membership and a Hokali Session is in front of a Hokali camera, your ride information may be paired with the ride clip from the camera.
1. Information relating to your use of our Site. We use information relating to your use of the Site to build higher quality, more useful Services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Site. We may also use this information to ensure the security of our Services and the Site.
2. Personal Data provided directly by you or via third parties. Except as set forth herein, your Personal Data will not be knowingly provided by Hokali to third parties without your permission. Among other uses set forth in this policy, we may process your Personal Data we receive because it is necessary for the performance of a contract with you, including, once you accept our Terms, create an Account and authorize us to use your personal data, to:
● Provide the Services to you or send any information to you, including alerts, newsletters, or other materials you have requested.
● Enable you to access or use the Services, functionality, Content, User Content Materials, or other portions thereof which you requested.
● Enable our interactive tools to function properly for you to be able to use the Services.
● Respond to your requests and send messages to you, notice to you, or otherwise communicate with you regarding your Account, the Services, and any customer service or technical support issue you raise.
● Disclose, use, and reproduce the comments and feedback you reveal in a public forum ion the Services in accordance with our Terms.
● Facilitate your experience through cookies which allow the Services to recognize you if you visit multiple pages during the same session, so that you don’t need to re-enter your information multiple times. Once you close your browser, session cookies expire and no longer have any effect.
We may also process your personal data because it is necessary for our or a third party’s legitimate interest. Our “legitimate interests” include our interests in offering and operating the Services in an efficient and sustainable manner, in accordance with all applicable legal and regulatory requirements (including our legal obligations laid down in United States federal or state law and any regulatory duties we are subject to in the USA). In this respect, we may use your personal data to:
● Send periodic emails or other communications to you.
● Generate anonymized information aggregated with other users’ information, which does not allow you to be identified or contacted (“Aggregate Information”), to improve the Service and our offerings. For example, we might generate Aggregate Information regarding the total Sessions at a particular spot, the total Sessions over all time, the number of users of our site and the activities they conduct while on our site. We might also generate Aggregate Information that “30 percent of our users live east of the Mississippi” or that “25 percent of our users have looked into surfing charts in Orange County.” Depending on the circumstances, we may or may not charge for this information.
● Generate anonymized information aggregated with other users’ information, which does not allow you to be identified or contacted (“Aggregate Information”), to improve the Service and our offerings. For example, we might generate Aggregate Information regarding the total Sessions at a particular spot, the total Sessions over all time, the number of users of our site and the activities they conduct while on our site. We might also generate Aggregate Information that “30 percent of our users live east of the Mississippi” or that “25 percent of our users have looked into surfing charts in Orange County.” Depending on the circumstances, we may or may not charge for this information.
● Present User Content or comments you upload on our website or otherwise incorporate such User Content into the Services for other users to access and view as you expressly permitted.
● Administer any surveys, promotions, rewards, or other programs run by Hokali or its vendors from time-to-time.
● Perform statistical analysis, customer evaluation, and other administrative or business analysis for our own internal purposes.
● Outsourcing selected back-office functions to third party controllers for the purposes of efficient, fast, and secure access to data, and the efficient management of our Services.
● To prevent transactional fraud.
● To process your requests, purchases, transactions, and payments and prevent transactional fraud.
We may process your personal data with respect to whether your Sessions are set to “Private” or “Public”. By default, all Sessions are set to “Private”; however, you may choose to set your sessions to “Public”. When your sessions are set to “Private” your Session will remain private; meaning data and content will not be traceable to a specific user. Additionally, when your Session is set to “Private”:
● Your Session will not be traceable to a specific surf spot or be viewable on the Hokali Spot List.
● Specific wave tracks will not be shared on a map. In other words, your secret surf spots will remain secret.
● Video clips shared from a Hokali camera of your session will not have a name or User ID attached unless you explicitly authorize or allow it.
● Session data or content may be anonymized and used in the aggregate with respect to spots on the Surline Spot List or elsewhere on the site.
● Data specific to the individual may be used by Hokali to validate or improve aspects of the Service.
When your Sessions are set to “Public” Hokali, with your explicit permission, may use information that personally identifies you (including your name, User ID, age, location, and wave tracks) to:
● Display your clips recorded by Hokali cameras at spots as highlights of Sessions and in content on the Site to other users or the general public.
● Allow you to participate in games and competitions sponsored by Hokali or its partners and affiliates, including who has surfed the most session at a spot, who has logged the most time at a spot, who has surfed the most waves at a spot, and who has the longest or fastest waves at a spot.
● Display your ride history and information related to your Sessions, including number of waves over time, number of ride sessions over time, number of ride sessions in specific surf locations, the longest (time and distance) waves, and the maximum speed on waves as recorded by the Hokali Sessions™ App, Hokali cameras, or other devices providing information about you or your user history to other users or the public generally.
● Collect information about surf spot names and locations as identified by you, which may be used by Hokali for any purpose.
We may share your Personal Data with various government authorities in response to subpoenas, court orders, or other legal processes; to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. We also may share your Personal Data when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of Hokali , the Site, our users, customers, or others; and in connection with our Terms of Use and other agreements.
We will use industry standard physical, technical, and administrative security measures to keep your Personal Data confidential and secure, and will not share it with third parties, except as otherwise provided in this Privacy Policy, or unless such disclosure is necessary in special cases, such as a physical threat to you or others, as permitted by applicable law. Because the Internet is not a 100% secure environment, we cannot guarantee the security of Personal Data, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. Please note that e-mail communications are typically not encrypted and should not be considered secure.
Except as set forth herein, we restrict access to your personal information such that those Hokali employees, contractors, and agents who need to know such personal information in order to operate, develop or improve our Services or otherwise fulfill their obligations to us are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
You have certain rights in relation to your Personal Data. You can access your Personal Data and confirm that it remains correct and up to date, choose whether or not you wish to receive material from us or some of our partners, and request that we delete or provide you with a copy of your personal data by logging into the Site, selecting “My Account” section.
If you set any Sessions to “Public,” you may change the status and return your Session to “Private” within the application. Please note, however, that any information made public while your Session was set to “Public” will not be able to be clawed back.
If you do not agree with this Privacy Policy, please discontinue use of our Services. You also have the option of setting your browser to reject “cookies.” However, doing this will hinder performance and negatively impact your experience using the Services.
If you have signed up to receive our e-mails and prefer not to receive marketing information from this Service, follow the “unsubscribe” instructions provided on any marketing e-mail you receive from this Service. Any un-subscription or opt-out from our sharing of your personal information or communications in accordance with this Privacy Policy will be effective after we have received your request, verified your identity (if applicable), and had a reasonable time to implement your request.
Shine the Light Under California’s "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2018 will receive information regarding 2017 sharing activities).
To obtain this information, please send an email message to support@hokali.co with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
Under the California Consumer Privacy Act (“CCPA”), California residents have the right to know what personal information about them is collected, request deletion of their personal data, opt-out of the sale of their personal data, and not be discriminated against if they choose to exercise any of these rights. Hokali does not sell any of the data we collect about you. If you would like to exercise any of the other rights afforded to you, please contact us at support@hokali.co.
Our Sites are primarily operated and managed on servers located and operated within the United States. In order to provide our products and Services to you, you may be sending your Personal Data outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your Personal Data may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personal Data. We are committed to protecting the privacy and confidentiality of Personal Data when it is transferred. If you reside or are located within the EEA, United Kingdom, Switzerland, or other region that offers similar protections, and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EEA or other regions to the extent feasible under applicable law. We participate in and commit to adhering to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks when transferring data from the EEA or Switzerland to the United States. Please see our Privacy Shield Notice below for further information.
Some of our Services contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
Hokali Services covered by this privacy statement sometimes may offer content (e.g., contests, sweepstakes, or promotions) that is sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the site activity. We have no control over these third parties’ use of this information. The site will notify you (in its privacy policy or elsewhere) at the time of requesting personally identifiable information if these third parties will obtain such information.
Any information linked to on a third-party website or domain or embedded in the Services but hosed on a third-party domain, belongs to such third party and any information submitted or collected as a result of the access or use thereof is subject to the privacy policy of such third party.
Hokali strongly believes in protecting the privacy of children. We do not knowingly collect or maintain personal information from persons under 13 years. If Hokali learns that personal information of persons under 13 years has been collected on or through the Services, Hokali will take the appropriate steps to delete this information. If you are the parent or legal guardian of a child under 13 who has become a registered user or subscriber of Hokali or any of the Services or otherwise set up an Account, then please contact Hokali at support@hokali.co to have that child’s account terminated and personal information deleted.
Hokali may change this Privacy Policy at any time by posting revisions to our site. We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most such changes will be minor. If any changes are made to use of your personal data, you will be informed via e-mail, and will afford you the opportunity to opt-out of any further use. Your use of the site constitutes acceptance of the provisions of this Privacy Policy and your continued usage after such changes are posted constitutes acceptance of each revised Privacy Policy. If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the site immediately.
Questions regarding this policy and our practice should be directed to Hokali Support, by e-mail to support@gokali.co, or by postal mail to Hokali, 1222 42, Avenue, San Francisco 94122, United States.
This Privacy Policy was last updated on February 4 th , 2022.