GDPR Privacy Policy

Owner and Data Controller

Kona eBikes, LLC. DBA Kona Fat Bikes

Owner contact email: aloha@konafatbikes.com

 

Privacy Policy

Types of Data collected

This Website collects some Personal Data from its Users.

The types of Personal Data that this Website collects, by itself or through third parties, include: Cookies, Usage Data, first name, last name, email address and various types of Data.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Website.

Unless specified otherwise, all Data requested by this Website is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

Any use of Cookies – or of other tracking tools – by this Website or by the owners of third-party services used by this Website serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document.

Users are responsible for any third-party Personal Data obtained, published or shared through this Website and confirm that they have the third party’s consent to provide the Data to the Owner.

 Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Mode and place of processing the Data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled cloud tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

·   Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;

·   provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;

·   processing is necessary for compliance with a legal obligation to which the Owner is subject;

·   processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;

·   processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Place

The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.

Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

·   Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until 3 months after such contract has been fully performed.

·   Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The purposes of processing

The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Analytics, Contacting the User and Interaction with external social networks and platforms.

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google Inc.)

·       Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.

·       Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

·       Personal Data collected: Cookies and Usage Data.

·       Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

Contact Us: Contact form (this Website)

  • By filling in the contact form with their Data, the User authorizes this Website to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.
  • Personal Data collected: email address, phone number, first name, last name and various types of Data

Interaction with external social networks and platforms

·       This type of service allows interaction with social networks or other external platforms directly from the pages of this Website.

·       The interaction and information obtained through this Website are always subject to the User’s privacy settings for each social network.

·       This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.

LinkedIn button and social widgets (LinkedIn Corporation)

·      The LinkedIn button and social widgets are services allowing interaction with the LinkedIn social network provided by LinkedIn Corporation.

·      Personal Data collected: Cookies and Usage Data.

·      Place of processing: United States – Privacy Policy.

Twitter Tweet button and social widgets (Twitter, Inc.)

  • The Twitter Tweet button and social widgets are services allowing interaction with the Twitter social network provided by Twitter, Inc.
  • Personal Data collected: Cookies and Usage Data.
  • Place of processing: United States – Privacy Policy. Privacy Shield participant.

Facebook button and social widgets (Facebook, Inc.)

  • The Facebook button and social widgets are services allowing interaction with the Facebook social network provided by Facebook, Inc.
  • Personal Data collected: Cookies and Usage Data.
  • Place of processing: United States – Privacy Policy

YouTube button and social widgets (Google, Inc.)

  • The YouTube button and social widgets are services allowing interaction with the YouTube social network provided by Google, Inc.
  • Personal Data collected: Cookies and Usage Data.
  • Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

The rights of Users

Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to do the following:

·   Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

·   Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

·   Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.

·   Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

·   Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.

·   Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.

·   Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.

·   Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

 

Additional information about Data collection and processing

Legal action

The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Website or the related Services.

The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

Additional information about User’s Personal Data

In addition to the information contained in this privacy policy, this Website may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

System logs and maintenance

For operation and maintenance purposes, this Website and any third-party services may collect files that record interaction with this Website (System logs) use other Personal Data (such as the IP Address) for this purpose.

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

How “Do Not Track” requests are handled

This Website does not support “Do Not Track” requests.

To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Website and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

Definitions and legal references

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data

Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Website) and the details about the path followed within the Website with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

User

The individual using this Website who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.

This Website

The means by which the Personal Data of the User is collected and processed.

Service

The service provided by this Website as described in the relative terms (if available) and on this site/Website.

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookies

Small sets of data stored in the User’s device.

Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

The parties expressly exclude the application of any international treaty or convention. The place of performance and exclusive place of jurisdiction shall be Zurich.

This privacy policy relates solely to this Website, if not stated otherwise within this document.


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Kona Fat Bikes Rider Waiver & Hold Harmless Agreement

 

WAIVER, RELEASE & INDEMNIFICATION

1.   DON'T RENT UNTIL YOU READ - READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY BEFORE PROCEEDING WITH THIS RENTAL TRANSACTION. SHOULD YOU PROCEED, YOU ARE AGREEING WITH THESE TERMS.

Its effect is to release the shop, Kona Fat Bikes, from which you rent, Kona eBikes LLC, a Hawaii limited liability company doing business as “Kona Fat Bikes (KFB),” and their respective managers, members, employees, agents, independent contractors, representatives, successors and assign (collectively, together with KFB the “Released Parties”) from any liability resulting from your (or, if you are signing as the parent or legal guardian of a minor, the minor’s) participation in the activities described below and to waive all claims for damages or losses against KFB, and their respective employees which may arise from such activities even if they result from negligence. All references to “we” mean any person signing this document, on his or her own behalf and for all other persons on whose behalf the undersigned signs this document. All references to “vehicle” or “riding” mean bicycle, scooters and the use of bicycles of any type including self-propelled bicycles and battery assisted bicycles such as e-bikes and scooters. We desire to utilize the vehicle rental services offered by and through the KFB website, and/or to rent a vehicle or utilize services from KFB (collectively, the “Services”). We understand that the waivers and releases contained in this Waiver, Release & Indemnification apply to all of the Released Parties. In consideration for permitting us to utilize the Services, and acknowledging that we voluntarily choose to utilize the Services, we agree as follows:

2.  THIS APPLIES TO EVERYTHING - We understand that this Waiver, Release & Indemnification applies to all vehicle and associated equipment rentals made through the use of the Services, and to the Services themselves. We accept for use the vehicle and associated equipment (collectively, the “Rental Equipment”) identified on this form. We accept full responsibility for the care and use of the Rental Equipment, and the Rental Equipment will be used only in a manner consistent with its intended purpose, within its inherent limitations, in accordance with all applicable laws. Rental Equipment and Services will be used only by the individuals signing this document and not for any form of racing, contests, tests or any illegal purpose. Except for Rental Equipment that KFB specifically provides to carry passengers or children, we agree that we will not carry any passengers on the Rental Equipment, add any kind of seat or modification to the Rental Equipment, or allow someone to ride on the rear fender or rack. No one may ride on the handlebars at any time. Except for Rental Equipment that KFB specifically provides for such purpose, we agree not to pull or tow any passenger or object with the Rental Equipment. We understand that KFB is in no way responsible for the safety or quality of the Rental Equipment and assumes no liability for such. We further understand that KFB assumes no liability and takes no responsibility for any damage that might occur through our use of the Services.

3.   DON'T DO STUPID STUFF BECAUSE RIDING A BIKE or SCOOTER CAN BE DANGEROUS - We understand that riding two-wheeled vehicles can be an inherently hazardous and dangerous activity and, including the use of the Rental Equipment, involves a risk of serious bodily injury and death. We have been advised by KFB and otherwise know and understands rights of way, traffic regulations, and other rules regarding the safe operation of vehicles on Hawaii streets and thoroughfares. We agree to diligently observe and follow rights of way, traffic regulations and applicable rules and shall safely operate the Rental Equipment so as to avoid or minimize the exposure to such risks and hazards. We agree not to use the Rental Equipment in any location where vehicles are prohibited, or in any way that would pose a danger or nuisance to others. We are familiar with the risks of riding, including, but not limited to, the risks of bodily injury and death from: falling off the vehicle; suffering loss of control from flat tires, mechanical and equipment failures such as brake failures, punctured or damaged tires, broken wheels, and broken steering components; inability to control the speed or direction of the vehicle; collisions with, among other things, people, animals, inanimate objects, natural objects, other bicyclists, motorcycles and automobiles; hazards related to road or thoroughfare conditions such as potholes, sand or gravel causing loss of control, construction, and poorly maintained roads or riding areas; weather conditions such slick riding conditions or loss of control caused by rain, glare, fog, wind, dust, and lightning; improper use of the Rental Equipment and failure to properly wear helmets and other protective gear; loss of control and other risks associated with increased speeds from battery assisted bicycles and scooters; and, our own negligence, and the negligence of others and the Released Parties. We understand the importance of vehicle safety equipment, including helmets, and have had the opportunity to purchase or rent the same. We assume all risks, whether known or unknown, and responsibility for any losses, costs or injuries incurred in connection with our use of the Services and/or the Rental Equipment, even if arising from or relating to the negligence of one or more of the Released Parties, except to the extent caused by the recklessness or intentional misconduct of one or more of the Released Parties. We understand these risks and we agree to and hereby assume all such risks.

4.   YOU WON'T SUE US - We forever release, discharge, and covenant and agree not to sue any of the Released Parties from all liability to any of us (whether for damage to persons or property) in any way arising from or relating to our use of the Services and/or the Rental Equipment, including any of our own negligence or breach of contract, except to the extent that such liability arises from a particular Released Party’s recklessness or intentional misconduct. We agree that if, despite our release, one of us or any person on our behalf makes any claim against any of the Released Parties falling within the scope of the release set forth in this Waiver, Release & Indemnification, we will indemnify and hold harmless all of the Released Parties from and against such claim and any associated litigation expenses, attorneys’ fees, losses, liabilities damages or other costs any of them may incur. Without limiting the foregoing, we agree that, if we are signing on behalf of a minor and, despite our release, the minor or any person on behalf of the minor makes any claim against any of the Released Parties falling within the scope of the release set forth in this Waiver, Release & Indemnification, we will indemnify and hold harmless all of the Released Parties from and against such claim and any associated litigation expenses, attorney’s fees, losses, liabilities damages or other costs any of them may incur. We agree that this Waiver, Release & Indemnification shall be effective and binding on our respective heirs, next of kin, executors, administrators and representatives in the event of death or incapacity.

5.  YOU HAVE YOUR OWN MEDICAL INSURANCE - We affirm that we have adequate medical insurance to cover treatment for any injuries experienced while using/operating any KFB rental equipment. We agree to seek sole compensation for any injuries experienced while using/operating any KFB rental equipment from our medical insurance provider. We further agree to hold KFB harmless for any injuries and associated financial burdens, including insurance deductibles, experienced while using/operating any KFB rental equipment.

6.   YOU WATCHED OUR SAFETY VIDEO OR RECEIVED A SAFETY BRIEF FROM KFB STAFF - We affirm that we have received KFB safety training for the equipment we will be using/operating. We agree that we understand the safety and operating instructions for the equipment we will be using/operating, and we have no questions about the safe use of the equipment. We agree that we have been given full opportunity to ask questions of KFB staff regarding the safe use of the equipment prior to using/operating the equipment, and we have had all our questions properly and fully answered.

7.   YOU PAY FOR BROKEN STUFF - We agree to pay KFB for all losses and/or damage to the Rental Equipment, regardless of fault (e.g. we agree to pay for the loss even though someone else caused the damage or is at fault). We are also responsible for all theft or vandalism losses, even if the theft or vandalism were caused by others. We agree to pay for any damages or losses of any kind, including cost of replacement, that may occur to the Rental Equipment.

8. YOU WILL RETURN ON TIME - We agree that we will return all rental equipment at the agreed on expiration of our rental period. If we want to keep the equipment longer, we will first call the KFB shop to request an extension. We understand that KFB is under no obligation to grant an extension. Under no circumstances will we keep the equipment past KFBʻs publicized closing time, unless we have purchased a multi-day rental. We understand that any equipment not returned on time without an approved extension from KFB, may result in notification to the Hawaii Police Department and reported as stolen.

9.   HAWAII HAS JURISDICTION - We agree that any disputes arising out of this Waiver, Release & Indemnification or otherwise involving any of us and any of the Released Parties shall be brought solely and exclusively in the District or Circuit courts for the State of Hawaii located in Kailua-Kona or Hilo, Hawaii, and we hereby agree and consent to the personal jurisdiction of such courts. We further agree that the laws of the State of Hawaii shall govern the terms of this Waiver, Release & Indemnification and the relationship between the parties, including the rights, duties and obligations of each. We agree that this Waiver, Release & Indemnification is intended to be interpreted as broadly and expansively as permitted under the laws of Hawaii and that if any portion herein is held invalid, we agree that the remaining provisions shall continue in full legal force and effect. WE HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE RENTAL, THE SERVICES OR ANY OTHER ACTIONS OR INACTIONS BY KFB.

10.   YOU AGREE - We have read this Waiver, Release & Indemnification in its entirety, we understand its terms, and we enter into it knowingly, voluntarily and intentionally for the purpose of inducing KFB to allow us to utilize the Services and Rental Equipment. We are age 18 or older (or, if under age 18, have had this document co-signed by a parent or legal guardian) and are duly authorized to sign this agreement on behalf of all parties listed and those utilizing the Services.



Today's Date: May 4, 2024




First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Signature*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Signature*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Signature*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Signature*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Signature*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Signature*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Signature*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Signature*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Signature*
Parent or Guardian's Email Address

Email*
A signed copy of this waiver will be sent to the email address you provide.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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