Destination Kona

Privacy Policy

At Destination Kona Triathlon Store, your privacy is our priority. We are committed to protecting your confidentiality at all times, in every situation. The personal information we collect from you upon member registration is used for two purposes only: to process your orders more efficiently and to provide you with a more personalized shopping experience.  We have taken the steps necessary to best protect your information by utilizing a 128-bit encrypted SSL certificate on our website. 

What information do we collect?

We collect information from you when you complete new customer registration, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in various other site features.

When placing an order, we may collect your name, e-mail address, mailing address, phone number, credit card information and/or other pertinent information. You may opt to visit our site anonymously, without creating a customer account.

Like many websites, we use "cookies" to enhance your experience and gather information about visits to our website. Please refer to the section below for information about cookies and how we use them.

Do we use "cookies"?

Yes, cookies are pieces of information that your browser stores on your computer's hard drive.  These cookies identify you when you enter a site. The ability to select samples on our site is not cookie-driven. We use session cookies for a few important reasons.  First, we want to provide you with a seamless customer service experience on the site.  Next, we wish to combine session cookies with log files to best understand our site traffic and analyze demographic information in aggregate form. If your browser is set to reject cookies, our site will not identify you when you enter and you will need to manually type in your ID and password.

We may contract with third-party service providers to better assist us in understanding our site visitors. These service providers are only permitted to use the information collected on our behalf to help us conduct and improve our business, Destination Kona. 

Adjusting your computer settings to warn you each time a cookie is sent, or turning off cookies altogether can be done through your browser settings (i.e. Firefox or Internet Explorer). If you opt to turn cookies off, you will not have access to some of the features that enhance website efficiency and experience.  In addition, some of our services may not function properly. However, orders can be placed over the telephone by contacting customer service.  Please select the option that best fits your needs.  We want you to feel comfortable every step of the way.

Do we disclose the information we collect to outside parties?

We do not sell, trade, or transfer your personally identifiable information to outside parties, except with advanced notice to you as described below. The term "outside parties" does not include Destination Kona LLC or website hosting partners/other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

How can you opt-out, remove or modify information you have provided to us?

To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.

To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

Third-Party Links

In an attempt to provide increased value to our visitors, Destination Kona LLC may link to sites operated by third parties. However, even if the third party is affiliated with Destination Kona LLC, Destination Kona has no control over these linked sites.  All linked sites have separate privacy and data collection practices, independent of Destination Kona LLC. These linked sites are for your convenience only and therefore should be accessed at your own risk. Nonetheless, Destination Kona LLC seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including non-functioning links).

How Do We Use the Information We Collect?

When you become a dkstristore.com member, we ask you to fill out a form that requests your name, address and e-mail address as well as some demographic information such as gender and date of birth.  Your name and address information is used solely to process orders, unless your prior consent is given. Without your consent, this information will NEVER be sold, given, rented or traded to others for purposes other than order fulfillment. Your demographic information (gender, date of birth, etc.) will be used for several security purposes; to ensure you are who you say you are and in fact you are paying with your credit card and not someone using your stolen credit card.

Our Use of Log Files

IP addresses may be logged to track a user's session. An IP address is the unique numerical identity of your computer. When we "log" an IP address, it means that our website associates a visit or series of visits to that unique numerical identity. Destination Kona LLC may also use cookies in order to assist in aggregate statistical analysis and provide site customization based on anonymous session tracking.

We also may count, track, and aggregate the visitor's activity into our analysis of general traffic flows to our site (e.g., tracking where traffic comes from, how traffic flows within dktristore.com).

Site Security

All Destination Kona employees take your personal information very seriously. All employees must learn and adhere to our security policies. Access to member personal information is limited to key management personnel and our member services department. The information is ID/ password protected and our Web security is reviewed on a monthly basis. We have also installed and armed our site with a 128-bit encryption SSL.

Communication

From time to time, we may send out product availability or promotional offer emails, or to remind you about providing feedback. In addition, you will receive communication from us 1) if you contact us for a particular reason, 2) to confirm your orders, or 3) should we need to contact you for administrative purposes such as winning a contest. Administrative e-mails will not contain promotional materials. If you choose to receive our newsletters, they will contain promotional materials from Destination Kona.

Supplementation

We may correct or supplement your address information with standardized postal representation in order to ensure that your orders are delivered. This is done to ensure confirmation of customer orders at the lowest cost to you.

Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Destination Kona LLC. The collective work includes works that are licensed to Destination Kona LLC. Copyright 2012, Destination Kona LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Destination Kona LLC or purchasing Destination Kona LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Destination Kona LLC or to purchase Destination Kona LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Destination Kona LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Destination Kona LLC used in the site are trademarks or registered trademarks of Destination Kona LLC.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, Destination Kona LLC disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Destination Kona LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Destination Kona LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Destination Kona LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Destination Kona LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Destination Kona LLC product is mistakenly listed at an incorrect price, Destination Kona LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Destination Kona LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Destination Kona LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. Destination Kona LLC may terminate any part of these terms and conditions without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Destination Kona LLC products) shall be in the state or federal courts located in Arizona, United States. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Destination Kona LLC products) must be commenced within one (1) year after the claim or cause of action arises. Destination Kona LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Destination Kona LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Destination Kona LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Destination Kona LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Destination Kona LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Destination Kona LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Destination Kona LLC in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Destination Kona LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.