About this page
‘Āina Worldwide, LLC (a Nevada Corporation, licensed as a foreign corporation in California, USA) is the ‘data controller’ of your personal data and is subject to the EU
General Data Protection Regulation (the “GDPR”) with effect from 25 May 2018. ‘Āina Worldwide is a ‘data controller’ subject to the GDPR only insofar as we are offering goods or services to individuals in the EU or where our Site may be used to monitor individuals’ behavior as far as it takes place in the EU. Nevertheless, this privacy notice is a general description of how we process Users’ personal data, regardless of where those Users are from.
Please feel free to read our Privacy Notice for California Residents regarding the California Consumer Privacy Act (the “CCPA”).
We may amend this page from time to time. You should check this page periodically for any changes. This page was last updated on March 31, 2021.
HOW WE COLLECT USERS' INFORMATION
When you use the Site, we collect your personal data in the following ways:
- When you communicate with us by email or via the Site, for example when you request support or submit an enquiry; and
- When you sign up to receive our newsletters and other updates.
THE TYPES OF INFORMATION WE COLLECT
We may collect the following types of personal data about Users of the Site:
- Names and contact details, including email addresses and telephone numbers;
- Other information that Users provide through the Site, for example in messages, forms or in emails, including company or organization details and information about any legal services that Users seek;
We may also collect ‘sensitive personal data’, for example, information concerning health and medical conditions but only where Users volunteer this information in a message, form or email to us.
The legal grounds and purposes for processing Users’ information and how we use it
(i) We may process your personal data because it is necessary for our or a third party’s legitimate interests. Our “legitimate interests” include our interests in operating our firm and the Site in a client focused, efficient and sustainable manner.
In this respect, we may use your personal data for the following:
- to assess the information that you provide through the Site (for example in messages, forms or in emails) and to find out more about you before contacting you in response, where appropriate;
- to interact with you via the Site (for example, to send you promotional material or answer enquiries about our services);
- for record keeping purposes, so that we have a record of the enquiries we receive through the Site;
- outsourcing selected website administration functions to third parties for the purposes of the efficient management of the Site;
- to monitor and evaluate the performance and effectiveness of our services and the Site, including by training our staff or monitoring their performance, and to administer, support or improve the Site.
(ii) We may also process your personal data for our compliance with our legal obligations. In this respect, we may use your personal data in order to assist with investigations (including criminal investigations) carried out by the police and other competent authorities, where those authorities are acting in compliance with EU law or the law of an EU Member State.
(iii) We may also process your personal data for additional reasons where:
- it is necessary for reasons of substantial public interest (for example, where the due diligence checks we carry out involve our processing data relating to criminal convictions and offences);
- it is necessary for the establishment, exercise or defense of legal claims (for example, to protect and defend our rights or property include the Site and its content); and
- we have your specific or, where necessary, explicit consent to do so (for example, where we process sensitive personal data concerning your health or medical conditions because you have provided this in communications by email or through the Site).
SHARING USERS’ INFORMATION WITH OTHERS
For the purposes referred to in this privacy notice and relying on the bases for processing as set out above, we may share your personal data with certain third parties, including:
- our employees, agents and contractors where there is a legitimate reason for their receiving the information, including:
- those of our staff and consultants who may provide or offer to provide services to you in response to a request for support or an enquiry made through the Site;
- providers of outsourced services to us (for example, any third party we engage to administer the Site on our behalf);
- internal and external auditors;
- with a third party in a business transaction, in the event that all or part of ‘Āina Worldwide is sold, merged, dissolved, acquired, or involved in a similar transaction which involves the transfer of the Site.
TRANSFERRING USERS’ INFORMATION OUTSIDE OF EUROPE
This section is for Users located in Europe.
In the course of interacting with you via the Site, we will transfer your personal data outside of the European Economic Area (“EEA”), principally to ‘Āina Worldwide’s offices and servers in the United States; this means that your personal data will not have the automatic protection of European data protection laws (including the GDPR) which apply in the EEA. In these circumstances, in order to ensure that your personal data continues to have adequate protection when it is transferred out of the EEA, your personal data will only be transferred on one of the following bases:
- where the transfer is subject to one or more of the “appropriate safeguards” for international transfers prescribed by applicable law (for example, standard data protection clauses adopted by the European Commission);
- a European Commission decision provides that the country or territory to which the transfer is made ensures an adequate level of protection; or
- there exists another situation where the transfer is permitted under applicable law (for example, where we have your explicit consent).
You can obtain more details of the protection given to your personal data when it is transferred outside the EEA by contacting us using the details set out below.
HOW LONG USERS’ INFORMATION IS KEPT
We will retain your personal data for as long as we are interacting with you via the Site, and for as long as permitted or required for legal and regulatory purposes after the last such interaction between you and us.
Subject to any other notices that we may provide to you, we will typically retain your personal data for a period of up to two years after our last interaction with you. However, some information may be retained for longer than this, for example where we need to retain it for the purposes of litigation.
USERS’ RIGHTS IN RELATION TO PERSONAL DATA
This section is for Users located in Europe.
Under the GDPR, with effect from 25 May 2018, you have the following rights in relation to our processing of your personal data. Please note that these rights are not absolute, and we may be entitled to refuse requests where exceptions apply.
- to obtain access to, and copies of, the personal data that we hold about you;
- to require us to correct the personal data we hold about you if it is incorrect;
- to require us to erase your personal data in certain circumstances;
- to require us to restrict our data processing activities in certain circumstances;
- to object, on grounds relating to your particular situation, to any of our particular processing activities where you feel this has a disproportionate impact on you;
- to receive from us the personal data we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of you transmitting that personal data to another data controller; and
- where our processing is based on your consent, you may withdraw that consent, without affecting the lawfulness of our processing based on consent before its withdrawal.
Note: If you have given your consent and you wish to withdraw it, please contact [email protected]. Please note that where our processing of your personal data relies on your consent and where you then withdraw that consent, we may not be able to provide all or some aspects of our services to you and/or it may affect the provision of those services.
If you are not satisfied with how we are processing your personal data, you can make a complaint to a data protection supervisory authority in the EU, including the data protection regulator in the EU country where you or your organization is located.
If you have any queries about this privacy notice or how we process your personal data, or if you wish to exercise any of your rights under applicable law, you may contact us:
- by email: [email protected];
- by telephone: USA 858.376.1501;
- or by mail: Janathan L. Allen, 16745 West Bernardo Drive, Suite 260, San Diego, CA 92127.
We use the following cookies for the following purposes:
- Essential Cookies: these are essential in order to enable you to move around the Site and use its features, for example to remember which page of the Site you have previously visited during the same session, so that you can quickly move backwards and forwards between those pages.
- Performance and Analytics Cookies, including Google Analytics: these keep track of the pages of the Site that you visit and the content you access, so that we can determine which content is most popular and improve the performance of the Site. These cookies record only anonymous statistical data and do not collect any personal data that could identify an individual User.
- Functionality Cookies: these remember the choices you make, such as language options or the region you are in. These cookies help to make your visit to the Site more personal and are deleted automatically when you close your browser or when your browsing session expires.
To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, please visit www.allaboutcookies.org.