Hō'ala Wellness Consulting understands how important your privacy is. This privacy policy (the “Privacy Policy”) sets out the privacy policies and practices for Erin Masutani DBA Hō'ala Wellness Consulting and its subsidiaries and affiliates (collectively, “Hō'ala Wellness Consulting”) with respect to how Hō'ala Wellness Consulting collects your personal information. It also describes how Hō'ala Wellness Consulting maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by Hō'ala Wellness Consulting via the Site. This Privacy Policy also sets out how you can access certain information that Hō'ala Wellness Consulting may collect about you.  

In this Privacy Policy, personal information means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws (“Personal Information”). For all Protected Health Information (PHI) collected through your intake information or from your medical records, please refer to Schedule “A”  for our Health Insurance Portability and Accountability Act (HIPAA) compliant Privacy Policy.

Please note that the Site may contain links to other third-party websites that are not controlled or operated by Hō'ala Wellness Consulting. All of these third parties are listed in section 4.4 of this Agreement. This Privacy Policy does not apply to such third-party websites, and Hō'ala Wellness Consulting is not responsible for the content of such third-party websites or the privacy practices of such third parties. Hō'ala Wellness Consulting encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.

1. Consent of Collection of Information. By submitting Personal Information to Hō'ala Wellness Consulting and its Site or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting Hō'ala Wellness Consulting at info@hoalawellnessconsulting.com. You understand that if you withdraw your consent, Hō'ala Wellness Consulting may not be able to continue to offer its services and provide its information to you.

2. Children Under 18. The Site is not intended for children under 18 years of age. No one under the age of 18 may provide any Personal Information to or on the Site. Hō'ala Wellness Consulting does not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If Hō'ala Wellness Consulting learns we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe Hō'ala Wellness Consulting might have any information from or about a child under 18, please contact us at info@hoalawellnessconsulting.com.

3. Revisions to this Privacy Policy. Hō'ala Wellness Consulting reserves the right, in Hō'ala Wellness Consulting’s sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. Hō'ala Wellness Consulting will treat your continued use of the Site following such revision as your acceptance of the revised terms. All revisions will be posted to the Site and will apply to any Personal Information collected on or after the date posted. Hō'ala Wellness Consulting will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.

4. What Personal Information does Hō'ala Wellness Consulting collect and how is it processed?

4.1. What do we collect? Hō'ala Wellness Consulting may directly collect your name, address, phone number, birthday, billing address and email address. There may be other information you provide but that will not be collected by Hō'ala Wellness Consulting and instead will be collected by the third parties Hō'ala Wellness Consulting works with as outlined in 4.4.

4.2 . Email and Phone Number. We may collect your email address and phone number and may send you a newsletter or other promotional materials through email for promotional or informational purposes. Subscribing to our newsletters is optional, and you will always be able to unsubscribe. This applies to any information you submit through our website or provide to us in any other manner. We may contact you via phone if there is information that would be beneficial to share with you. In accordance with this Privacy Policy, if you do not want to be reached by phone, you can choose not to share your phone number or ask us not to contact you via phone.

4.3. Biometrics. Hō'ala Wellness Consulting may collect and store your biometric data, including height, weight, calculated BMI, and before-and-after photographs, for the express purposes of tracking your fitness progress, tailoring personalized training programs, and evaluating the effectiveness of their services. Additionally, they will collect information vital for personalized wellness recommendations, such as your eating patterns, medication history, and family medical history, along with data from a nutrition and symptom assessment questionnaire. This information will be handled with all reasonable security measures, retained only as long as necessary, and used in accordance with applicable data privacy laws. With your permission and a signed Media Release Agreement, Hō'ala Wellness Consulting may use your before-and-after photographs for promotional purposes. You can refuse to provide this information, but this might limit Hō'ala Wellness Consulting's ability to provide you with personalized services.

4.4. Third Parties. Hō'ala Wellness Consulting may work with third-party applications in order to provide you with the best services on the Site. These organizations may collect Personal Information from you in order to provide you with the services, including your name and contact information. Specifically, the third parties Hō'ala Wellness Consulting may work with on the Site are listed below. We’ve included links to their privacy policies to ensure you are comfortable using them. 

4.4.1. Squarespace: https://www.squarespace.com/privacy/, 

4.4.2. Stripe: https://stripe.com/privacy,

4.4.3. Instagram: https://privacycenter.instagram.com/policy,

4.4.4. Calendly: https://calendly.com/privacy,

4.4.5. Zoom: https://zoom.us/privacy,

4.4.6. Facebook: https://www.facebook.com/privacy/policy,

4.4.7. Canva: https://www.canva.com/policies/privacy-policy/,

4.4.8. YouTube: https://policies.google.com/privacy?hl=en,

4.4.9. Cronometer: https://cronometer.com/privacy/,

4.4.10. DocHub: https://legal.dochub.com/privacy-notice,

4.4.11. FullScript: https://fullscript.com/privacy,

4.4.12. Google: https://policies.google.com/privacy?hl=en

5. How will Hō'ala Wellness Consulting use your Personal Information? Your Personal Information will be used to provide you with promotional and informative materials and offers and deliver the products and services you can purchase or subscribe to from the Site. Specifically:

5.1. Your credit card information will not be kept by Hō'ala Wellness Consulting but instead by one of the third parties listed in section 4.4 above.

5.2. Your name and e-mail address are collected but will not actually be stored on the Site. Any information captured will be processed through third-party websites in section 4.4 above.

5.3. Your phone number may be used to contact you via phone if we have information that we believe would benefit you.

5.4 If you subscribe to our newsletter, we will use your Personal Information to send it to you.

5.5. If we send you the Newsletter for marketing purposes, we will send you emails about promotions, special events and other information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails.

5.6. We may use your Personal Information to respond when you submit a question or suggestion to us, or when you request assistance regarding a service or product you purchased.

5.7. We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate a fraud, or to respond to a government, judicial or other legal request or to comply with the law.

5.8. We may also share certain aggregated, anonymized information with a third-party provider to help us improve the Site.

6. Storing Your Personal Information. Hō'ala Wellness Consulting’s web service may store your Personal Information when you interact with the Site. Hō'ala Wellness Consulting will be happy to delete any of your Personal Information that it holds upon a written request made by you. Your Personal Information will be safely disposed of by Hō'ala Wellness Consulting.

7. Storing Your Phone Number. Your phone number will be kept in the phone or contacts database of Hō'ala Wellness Consulting and its associates. Wherever it is stored, it will always be protected with a password and will never be shared with third parties without your permission.

8. We Play by The Rules. The Site and Hō'ala Wellness Consulting abide by all relevant United States federal and State privacy laws in all aspects of our operations. This Privacy Policy is also compliant with GDPR and CCPA regulations. If you have any questions about our legal compliance, feel free to reach out to info@hoalawellnessconsulting.com.

9. Affiliate Relationships. Please assume that, for every recommendation or link we provide, the following holds true: we have become aware of a product or service that we think may be of interest to people who visit our website. After we do our own research and decide this item is of value to ourselves, our community, or our clients, we choose to promote that item and are compensated when our readers click on the link or purchase the product or service. (That compensation comes from our affiliate, not you). Regardless of compensation, we only mention products and services that we believe in and feel would be a benefit to you.

10. Do Not Track Signals. Hō'ala Wellness Consulting currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.

11. Analytics.  The Site keeps the following information from your visits to our webpage: We use visitor information to improve our customer engagement. It tells us where and when people visit the Site, how long they stay there and their IP information for website and server security.

12. Cookies. The Site uses ‘cookies’ to keep a record of the number of times you’ve visited the Site and how you interacted with the Site during each visit. In addition to this, the Site also uses cookies which are not absolutely essential for your use of the Site. Your continued use of the Site serves as consent for these cookies.

12.1. A cookie is a small text file that gets sent by the servers of the Site to your hard drive and can only be read and interpreted by the Site’s servers. No Personal Information is stored in the cookie and there is nothing on it that can identify you personally.

12.2. Cookies have an important function in how you interact while visiting the Site, ensuring the usability of the Site’s different features, helping the Site understand your preferences, and thus can improve your experience on the Site. If you do not want cookies from the Site, simply adjust the settings in your web browser to disable cookies. This may change the way you access the Site and may also render some of the Site’s features unusable, but of course it is your choice to do so.

13.Disclosure of Personal Information. Hō'ala Wellness Consulting will NEVER sell or license any Personal Information we collect from you. Hō'ala Wellness Consulting is not liable for any disclosure of your Personal Information by any third party, particularly the ones outlined in section 4.4 above. By purchasing the services and products offered by Hō'ala Wellness Consulting, you agree to be bound to and consent to the provisions of our third parties’ privacy policies. In the event that Hō'ala Wellness Consulting changes its practices, you will be notified and you will be able to opt out of Hō'ala Wellness Consulting using your Personal Information by contacting us at info@hoalawellnessconsulting.com.

14. Choice of Laws and Venue. This Privacy Policy and the use of the Site are governed by the laws of the United States and the State of New York. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of New York. If a dispute arises, we agree to first resolve it through binding arbitration to take place in the State of New York.

15. Your Consent. By choosing to provide Hō'ala Wellness Consulting with your Personal Information, you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any Personal Information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law.

16. Protecting Your Privacy. Hō'ala Wellness Consulting is committed to protecting your privacy. Security measures, such as using passwords on servers and computers, and locked cabinets where Personal Information is stored have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. Online transactions are completed using third-party applications outlined in section 4.4 above. Please refer to the third parties’ privacy policies, of which links have been provided above, for clarification on how your transaction and Personal Information will be handled. Hō'ala Wellness Consulting makes no promises, warranties or representations about the manner in which third parties handle your Personal Information and bears no liability whatsoever for their use of it.

17. Verifying your Identity. To ensure the security of your data, Hō'ala Wellness Consulting requires you to verify your identity before we can process any requests related to your Personal Information. We will ask for sufficient information to reasonably confirm that you are the individual whose data we have collected.

18. The Internet Can Be Unreliable. The internet is, by its nature, inherently open and subject to the interception of information. We cannot guarantee that the information you provide to Hō'ala Wellness Consulting over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside Hō'ala Wellness Consulting’s control.

19. Verifying and Amending Your Personal Information. Hō'ala Wellness Consulting tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at info@hoalawellnessconsulting.com to advise us of any changes to your Personal Information. You may request access to the Personal Information held by Hō'ala Wellness Consulting at any time or seek to make corrections to it.

20. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled exclusively by binding arbitration conducted in the State of New York or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

21. Resolving your concerns. If you have any questions or concerns about Hō'ala Wellness Consulting's Personal Information collection, use and disclosure practices, please let us know at info@hoalawellnessconsulting.com, and we will do our best to help you.

 

Effective date: October 24, 2025

Privacy Policy

SCHEDULE “A” 

Health Insurance Portability and Accountability Act (HIPAA) 

Welcome to our Privacy Policy, which confirms how we will handle your Protected Health Information (PHI). Your privacy is as important to us as it is to you, and we are committed to protecting the confidentiality and security of your health information. This document outlines our practices regarding the collection, use, and disclosure of your protected health information (PHI) in compliance with the Health Insurance Portability and Accountability Act (HIPAA). By adhering to these guidelines, we ensure that your personal health data is handled with the highest standards of privacy and integrity. Please take a moment to review this policy to understand how we manage your health information and your rights concerning your PHI.

Please read the following carefully to ensure we are all on the same page and that you are confident in how we handle your protected health information. 

The following privacy policy (“Privacy Policy”) forms a binding agreement (this “Agreement”) between you and Erin Masutani DBA Hō'ala Wellness Consulting, a Sole Proprietorship operating out of the State of New York  (“Accord”). Hō'ala Wellness Consulting may modify, amend, supplement and replace this Privacy Policy at any time without providing you with advance notice. 

1.Collection of Information. Hō'ala Wellness Consulting collects and maintains your PHI as necessary to provide our services and fulfill our legal obligations and services.  This information may include:

1.1. Personal information provided by you at intake, such as your name, contact information, medical history and insurance information.

1.2. Information obtained from other sources, such as healthcare providers or insurers.

2. Use of Information. Hō'ala Wellness Consulting will use your protected health information for the following purposes:

2.1. Providing you with health and wellness services and related support.

2.2. Processing payments and insurance claims.

3. Disclosure of Information. During the course of our services, Hō'ala Wellness Consulting may be required to disclose your protected health information. When this is necessary, it will be to the following parties:

3.1. Healthcare providers and other entities involved in your care.

3.2. Business associates who perform services on behalf of Hō'ala Wellness Consulting and who are also bound by HIPAA regulations.

3.3. Government agencies and law enforcement as required by law or to protect our legal interests

3.4. Any other necessary party with your written authorization.

4. Security of Information. Hō'ala Wellness Consulting implements appropriate technical, administrative, and physical safeguards to protect all protected health information from unauthorized access, disclosure, alteration or destruction.

4.1. Hō'ala Wellness Consulting will regularly train all employees on HIPAA regulations, security best practices and their responsibilities in protecting all PHI. Hō'ala Wellness Consulting understands the importance of all employees knowing how to handle PHI appropriately.

5. Your Protected Health Information. Your rights regarding your PHI:

5.1. You have the right to request access to or copies of your PHI.

5.2. You have the right to request amendments to your PHI.

5.3 You have the right to request certain restrictions on how your PHI is used and/or disclosed.

5.4 You have the right to receive an account of all disclosures of your PHI.

5.5. You have the right to request confidential communications.

5.6. You have the right to file a complaint if you believe your privacy rights have been violated.

6. Links to Third Party Websites. Accord’s websites may contain links to third-party websites. While we strive to only work with HIPAA-compliant entities, all such linked sites, materials and pages are not under the control of Hō'ala Wellness Consulting, and Hō'ala Wellness Consulting is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third-party website. Hō'ala Wellness Consulting accepts no liability for any errors or omissions contained in third-party websites. These links are provided to improve your use of the Hō'ala Wellness Consulting Site, enable you to connect with Hō'ala Wellness Consulting on various platforms, and help Hō'ala Wellness Consulting offer the easiest services for you and conduct transactions.   

7. Disclaimer. This HIPAA Compliance Disclaimer is provided to inform you that while Hō'ala Wellness Consulting strives to maintain the highest standards of privacy and security for your protected health information, compliance with the Health Insurance Portability and Accountability Act (HIPAA) involves complex and evolving regulations. Hō'ala Wellness Consulting makes every effort to ensure that our practices and policies meet or exceed the HIPAA requirements. Hō'ala Wellness Consulting recommends consulting with legal counsel or a compliance expert for specific guidance related to HIPAA compliance. Hō'ala Wellness Consulting commits to continually improving our privacy and security measures to protect your health information to the best of our ability.

8. Limitation of Liability. While Hō'ala Wellness Consulting is dedicated to maintaining the privacy and security of your protected health information in accordance with the Health Insurance Portability and Accountability Act (HIPAA), Hō'ala Wellness Consulting cannot guarantee absolute security. By using our services, you acknowledge and agree that Hō'ala Wellness Consulting is not liable for any unauthorized access, use, or disclosure of your PHI arising from circumstances beyond our reasonable control, including but not limited to cyber-attacks, data breaches, or other unforeseen security incidents. Accord’s liability for any claims, damages, or losses related to HIPAA compliance is limited to the fullest extent permitted by law. Hō'ala Wellness Consulting encourages you to take appropriate measures to protect your own health information and to report any concerns to us promptly so we can take appropriate action.

9. Choice of Laws and Venue. The parties agree to irrevocably submit all claims relating to Accord’s Site to the exclusive jurisdiction of the courts of the State of New York without regard to its conflict of law provisions.

10. Indemnity. As a condition of your use of the services of Hō'ala Wellness Consulting, you indemnify Hō'ala Wellness Consulting and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of our Services.

11. Entire Agreement. This policy may not be amended or modified except by Hō'ala Wellness Consulting. If, for any reason, a court of competent jurisdiction finds any provision or portion of this policy to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of this policy shall continue in full force and effect. Failure by Hō'ala Wellness Consulting to enforce or exercise any provision of this policy shall not constitute a waiver of that right. Paragraph headings are for reference only.