Act: The Privacy Act of 1974, 5 U.S.C. 552a, provides protection to individuals by ensuring that personal information collected by federal agencies is limited to that which is legally authorized and necessary and is maintained in a manner which precludes unwarranted intrusions upon individual privacy. Although Ez As Pi, LLC dba EZ Kayak Tours is NOT a federal agency, it does work directly inside the National Park Service (NPS) and information from individual guests is passed on and maintained within a “Manifest” (transportation manifest) listing the cargo (kayaks) and passengers (guests).

Authority: The authority for maintaining privacy of records in this particular instance is Ez As Pi, LLC dba EZ Kayak Tours. Information is maintained and kept secure in an “offline” server / hard drive that is accessible to any federal agency that makes a formal legal request requiring a formal investigation be made for any reason that is valid and within the scope of the law. Records are maintained for a period of three (3) years and destroyed thereafter.

Purpose: The purpose for maintaining records is to ensure guest safety. In the event of an accidental drowning or injury, a manifest is kept on record for a period of three (3) years. In addition to this, should a local, state or federal investigation arise as to the whereabouts of an individual/s in question, records are to be provided to any local, state or federal agencies making a formal request (court ordered subpoena or written legal notice) for reasons that are found to be of legal legitimacy and or homeland security.

Routine Uses: Transportation manifest (guest list) is checked three (3) times prior to vessel launch (kayak launch) to ensure the following:

1. Record keeping purposes (monetary exchange for goods / services)
2. Itinerary of launch date and time
3. At launch of vessel (kayak) and or for cancellations that arise due to weather / “acts of God” events that would otherwise change the scheduled itinerary / event.

Individual Rights:

1. The right to request their records, subject to Privacy Act exemptions;
2. The right to request a change to their records that are not accurate, relevant, timely or complete; and
3. The right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information.

Exemptions: All System of Records Notices (SORNs) are published in the Federal Register. These notices provide the legal authority for collecting and storing records, individuals about whom records will be collected, what kinds of information will be collected, and how the records will be used.

The following are the twelve (12) Privacy Act Exemptions when consent to release information is not required:

to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties;

required under section 552 of this title (Freedom OF Information Act – FOIA – disclosures);

for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section (routine uses);

to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13;

to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;

to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value;

to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;

to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;

to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;

to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office;

pursuant to the order of a court of competent jurisdiction; or

to a consumer reporting agency in accordance with section 3711(e) of title 31.

Records Maintenance: Maintain Only Relevant and Necessary Information

Ez As Pi, LLC dba EZ Kayak Tours maintains records that are “relevant and necessary” for a purpose “required to be accomplished” by law. The information requested is the following:

1. Full name of individual / guest and their accompanying family / guests
2. City and State of visit. If foreign, country of origin to include province and or city
3. Age of each individual / guest
4. Height of each individual / guest
5. Weight of each individual / guest
6. Ability to swim (yes or no)
7. Health concerns (yes or no) – see “Health Restrictions” section for recommendations as it relates to recommending avoiding strenuous activity / paddle sport if an individual or guest falls under said category.
8. Emergency Contact, Name, Contact number and or Email as well as the relationship to the individual / guest.
9. Health Restrictions: Recommendations made as it relates to health concerns
   The following is a list of health concerns that are provided to the individual / guest as a reference prior to their visit / tour. An individual is NOT asked what health condition they have but rather ADVISED that if they do have any of the following conditions, they risk of injury is greater and places all parties at greater risk. This is also included in the “Visitor Acknowledgment Risks” document provided to each and every guest. A visitor and or guest May simply check off a “Yes or No”, no other information is requested of an individual or guest. Any information provided from an individual or guest is solely out of their voluntary nature.

Guests must NOT have major underlying health conditions such as respiratory, heart, cardiovascular, and or endocrine challenges. While every medical condition cannot be listed or defined, it is recommended that if you have any doubts or concerns before taking our tour, you speak with your primary physician given that they will be your best source for accurate information and clearance for this adventure.

This section is strictly defining the purposes of information collected and how it is used as it relates to any tours and related activities.

Refusal to provided requested information from an individual or guest:

If a guest refuses to provided the above requested information prior to their visit / tour, a record is maintained indicating said individual or guest chose to refuse to provide the requested information before partaking in the paddle sport activity. In addition to this, the individual / guest may not participate in the paddle sport activity with Ez As Pi, LLC dba EZ Kayak Tours as this is a requirement and not optional. “The information requested above is strictly for the safety of all guests that are involved in paddle sport activities and join in a group setting. As stated above, the information requested is strictly relevant and necessary information required by privacy act as it pertains to individual agencies. This particular agency collects information that is relevant to the paddle sport activity taking place.

The full name is a requirement of the National Park service for a manifest of all passengers. The country of their visit is for the visitors authority (census purposes). Age is a requirement for adult consent and or accompanying minors with an adult. The height and weight of each individual is for the weight restrictions set upon each vessel (kayak) and determined for the safety and well being of all individuals / guests that are using said vessel. Ability to swim is asked in order to place priority on those who cannot or are unable to swim versus those that are able to swim in the event of an “Act of God” which May require safety / emergency protocols to save lives. The health question is a recommendation set forth upon each individual partaking in said activity and a requirement of a “Yes or No” question on whether the individual / guest fall in any of the aforementioned categories to be at greater risk on injury than an individual / guest who does not fall under said category. Finally, the emergency contact information is a requirement in the event an accidental drowning and or emergency occurs for a visitor / individual or guest that is partaking in a tour.

Should the privacy policy not be clear or you need additional clarification, please contact us directly at info@ezkayaktours.com with a subject line titled: “Privacy Policy” and include detailed questions and or information you are seeking to include the agency, business or person you are representing.