WHAT INFORMATION DO WE COLLECT?
Any time that you use our Site, provide information in connection with a return or warranty service, or click on or interact with any advertising that we serve on a third-party website (“Served Ads”) we will collect one or more of the following types of information (“Collected Information”):
- personally identifiable information (“PII”) that you provide to us;
- certain payment information to complete a purchase from us (“Payment Information”);
- information that you include in any comments boxes or public forums on the Site or in connection with warranty service or returns (“Volunteered Information”);
- certain information that we automatically collect as you navigate through the Site about your equipment, devices and browsers, and your use of our Site (“Usage Information”); and
- information that is provided to us from third parties, for example, our business partners (“Third Party Information”).
To make a purchase or return via the Site, we ask for the following PII:
- email address
- business address
- telephone number
- shipping address
- billing address
- products purchased
We use a third-party payment processing systems that comply with the Payment Card Industry Data Security Standard (PCI-DSS), which is an industry wide security standard designed to protect the confidentiality and security of your credit card information, by encryption using secure socket layer technology (SSL) and storage with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. All information that you provide to us or our third party payment processor must be accurate, current and complete. In the event of a dispute, we may issue you with a provisional credit to your card or a store credit until the dispute is resolved. If we issue a provisional credit and the dispute is resolved and the charges were correct, we shall recharge your debit or credit card to reverse this provisional credit. If we issue store credit and the dispute is resolved in your favor, we will convert the store credit to a refund on your debit card or credit card at your request. You expressly consent to this reversal if you falsely or incorrectly dispute a charge. If you wish to dispute a charge by mail or telephone please contact us at [email protected]. If we elect at any time to charge any convenience fee for making a payment via a debit card, credit card, or electronic check, these fees will be stated at the time of payment before you finalize your charge. In the event of an unauthorized charge using a debit card or electronic check, please consult your bank’s rules regarding refunds and reversals. Boa complies with all legal requirements of your State’s applicable laws regarding providing refunds for unauthorized charges. When you make a charge, we shall display a completed charge screen. This is your electronic receipt. You should print or save this electronic receipt for your records. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS, DEBIT CARDS OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION.
Cookies and Other Technologies
We will collect information about your device and how you use our Site, including using cookies.
HOW DO WE USE THE INFORMATION THAT WE COLLECT?
WITH WHOM DO WE SHARE INFORMATION THAT WE COLLECT?
We may also produce reports on Site traffic or usage patterns and share these reports with our business partners and other third parties (e.g., other organizations with a similar mission).
WHAT CHOICES DO YOU HAVE?
When corresponding with Boa or our representatives, or when making a request for information or otherwise interacting with Boa or others through the Site, you choose what information to supply, whether you wish to receive further information, and by what method of communication such information should be delivered. Please take care to share only such information as is needed or that you believe is appropriate. If you have any reason to believe that Collected Information about you that is stored and maintained by us is incorrect, please contact us by email at [email protected]. You may change any of your Collected Information by editing your profile on the Site or by sending an email to us at [email protected]. You may also request deletion of your Collected Information, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain period of time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain Collected Information, and any other information that you provide to us, for fraud prevention or similar purposes.
The Site provides you with several opportunities to agree to receive communications about special offers or programs from Boa, and any of our affiliated brands or divisions (“Opt-In”). If you provide your email address via a channel that does not include a mechanism for you to affirmatively Opt-In, such as by email, you agree that by providing your email address, you are completing an Opt-In and that you will be responsible for opting-out of receiving any future communications about special offers or programs by clicking on the link provided at the bottom of each email communication (each an “Opt-Out”).
HOW DO WE PROTECT INFORMATION COLLECTED ABOUT YOU?
BOA EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR COLLECTED INFORMATION OR ANY OTHER INFORMATION THAT YOU PROVIDE TO US THROUGH THE SITE OR DIRECTLY TO BOA.
DO WE COLLECT CHILDREN’S INFORMATION?
Our Site is not directed at or intended for children under the age of 13 and we do not knowingly collect PII from such individuals. If you become aware that your child has provided us with PII without your consent, please contact us at [email protected] and we will take steps to remove such information within a reasonable time.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you have the right to request information from us regarding the manner in which Boa shares certain categories of personal information with third parties for their direct marketing purposes, in addition to the rights set forth above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:
- The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
- the names and addresses of the third parties that received the information; and
- if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.
Also, please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.
This information may be provided in a standardized format that is not specific to you. The designated email address for these requests can be found at: [email protected]
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
Boa remains responsible and liable under the Privacy Shield Principles for onward transfers if third-party agents that we engage to process personal information on our behalf do so in a manner inconsistent with the Principles, unless we can prove that we are not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Boa commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Boa at: [email protected].
We have further committed to refer unresolved Privacy Shield complaints to JAMS (Judicial Arbitration and Mediation Services, Inc), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.
In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles. For details, please see: https://www.privacyshield.gov/article?id=ANNEX-I-introduction
Boa is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
Boa’s obligations to the Privacy Shield Principles extend to any other brands, companies, or sites owned or operated by Boa Technology, Inc.
EUROPEAN UNION USERS’ RIGHTS
LEGAL BASIS FOR PROCESSING INFORMATION
If you are located in the EU or Switzerland, we rely on several legal bases to process your personal information. These legal bases include where:
- The processing is necessary to perform our contractual obligations, such as to provide you with our services;
- You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
- The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims;
- The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing our services, marketing new features or products that may be of interest, and promoting safety and security as described above.
- If you have any questions about or would like further information concerning the legal basis on which we collect and use your personal information,
If you have any questions about or would like further information concerning the legal basis on which we collect and use your personal information, please contact us by emailing [email protected].
RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION
If you are located in the EU or Switzerland, you have the following rights in respect of your personal data that we hold:
- Right of access. The right to obtain access to your personal data.
- Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.
- Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.
- Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.
- Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another.
- Right to object. You have a right to object to processing based on legitimate interests and direct marketing.
If you wish to exercise one of these rights, please email us at [email protected].
You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
OBLIGATIONS TO DATA PROTECTION OFFICERS (DPAS)
We will respond diligently and appropriately to requests from DPAs about this policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of personal information, we will (1) cooperate with inquiries from the DPA responsible for the entity exporting the data and (2) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.
WHO CAN YOU CONTACT FOR MORE INFORMATION?
If you have any questions or suggestions about the Site, Boa, or our privacy practices, please contact us at [email protected].