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Privacy Policy.

THEBOASYSTEM.COM PRIVACY POLICY

Overview

Thank you for visiting www.TheBoaSystem.com (the “Site”), which is operated by Boa Technology, Inc., (“Boa”). This policy (this “Privacy Policy”) describes what information we collect about you, how we collect it, how we use it and share it, and what choices you have regarding it. This Privacy Policy is incorporated into and is a part of the boatechnology.com Terms & Conditions [create live link to the Terms of Use]. By using the Site, you expressly consent to the use and disclosure of information as described in this Privacy Policy.

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 or use an App  about your equipment, devices and browsers, and your use of our Websites and Apps (“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:

  • name
  • 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 webmaster@boatechnology.com. 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.

Like many other websites, BOA may use cookies, tracking pixels or other tracking technologies to customize content specific to your interests and track your use of the Site.  "Cookies" are text files that are placed on your computer and may be used to store your personal information.  In addition to cookies, BOA may use other now known or later developed technologies, to assist BOA in observing the behavior of users visiting the Site.  These technologies may access individual user information but the information is used only to compile aggregated statistics about the Site usage. 

While some aspects of the Site may provide information that is intended for children, we do not knowingly or intentionally collect personal or identifying information from children.

Finally, 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 Use The Information That We Collect?

In addition to the uses mentioned or described above, or otherwise described in our Terms of Use, we use the information that you submit to us to accomplish the purpose for which it was submitted. We may also use the information that we collect from or about you to analyze and improve the content, features, materials and opportunities that we make available on the Site, to notify you of changes made to the Site or new opportunities made available on or through the Site, to evaluate your needs and customize the Site content delivered to you according to those needs, to send you promotional materials that you request from us, and for other legitimate and lawful business purposes. You understand and agree that Boa may (a) collect, process and aggregate any data used with, stored in, or related to the Site and create aggregate data records (“Aggregate Data”) by removing any Personal Information from the underlying data; (b) use such Aggregate Data to improve our products and services, develop new products and services, understand Site usage and demand trends and general industry trends, develop white papers, reports, or databases summarizing the foregoing, and generally for any legitimate purpose related to Boa’s business; and (c) share Aggregate Data with third parties or publish any reports, white papers, or other summaries based on Aggregate Data. For clarity, Aggregate Data shall not include any Personal Information nor otherwise identify you.

With Whom Do We Share Information That We Collect?

In addition to the uses mentioned or described above, or otherwise described in our Terms of Use, in the course of conducting our business, we may transfer Collected Information, whether solicited or unsolicited, to our offices throughout the world, catalog and add such Collected Information to our databases, and transmit such Collected Information to our affiliates, contractors and other third parties (e.g., other organizations with a similar mission).

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).

We may disclose information about you if we become subject to a subpoena or court order, or if we are otherwise legally required to disclose information. We may also use and disclose information about you to establish or exercise our legal rights, to enforce the Terms of Use, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

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 webmaster@boatechnology.com. You may change any of your Collected Information by editing your profile on the Site or by sending an email to us at webmaster@boatechnology.com. 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.

Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking.  [To the extent you employ such browser do-not-track signals or other similar mechanisms, we will use commercially reasonable efforts to honor such requests received by us to the extent we have the capacity and resources to identify and process your request.]  [NOTE TO BOA: PLEASE CONFIRM.  IF THIS IS INACCURATE, WE CAN REVISE TO STATE YOU WILL NOT RESPOND TO DO NOT TRACK SIGNALS]  Due to the potential for rapid and diverse developments of technology in this area, we cannot guarantee that we can process every type of request that exists or may be developed in the future.  As noted above, third parties, such as our advertising partners, may collect data that relates to you.  We cannot control third parties’ responses to do-not-track signals or other such mechanisms.  Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

If you have provided us with your cell phone number and your prior express written consent to receive communications via an automatic telephone dialing system (auto-dialer), artificial or prerecorded voice messages, or text messages, we may use your information to send text messages to any mobile device connected to your cell phone number, until you opt out from future text messages by texting STOP. Once you cancel, we will send one additional confirmation message stating that you've opted out.

How Do We Protect Information Collected About You?

In addition to the encryption described for credit card and debit card information, we also take commercially reasonable measures to secure and protect all other information transmitted via or stored on the Site and transmitted to and from the Site. Nevertheless, no security system is impenetrable. We cannot and do not guarantee that information that users of the Site may happen to transmit or otherwise supply, or that any communications conducted on or through the Site, is or will be secure. You agree to immediately notify us of any breach of Site security, this Privacy Policy or the Terms of Use of which you become aware. 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.

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.

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: webmaster@boatechnology.com].

Linked Sites

For your convenience, some hyperlinks may be posted on the Site that link to other Web sites not under our control. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of those sites or of any companies or organizations that we do not own or control. We encourage you to seek out and read the privacy policy of each Web site that you visit. In addition, should you happen to initiate a transaction on a Web site that our Site links to, even if you reached that site through our Site, the information that you submit to complete that transaction becomes subject to the privacy practices of the operator of that linked site. You should read that site’s terms of use and privacy policies to understand how personal information that is collected about you is used and protected.

You agree and acknowledge that the Site is hosted in the United States.

If you are accessing the Site from a physical location outside the United States (other than the European Union), your use of the Site is governed by U.S. law and you are transferring your PII to the United States. Any claim or dispute between you and us that arises in whole or in part from your use of the Site shall be decided exclusively by arbitration.

If you are accessing the Site from a physical location inside the European Union, we comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union to the United States and have certified our compliance to the Department of Commerce. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.

Our participation in the Privacy Shield applies to all Personal Information that is received from the European Union and European Economic Area.

We remain responsible and liable under the Privacy Shield Principles 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.

If you believe that we have not adhered to this Privacy Policy, please contact us by e-mail at webmaster@boatechnology.com.  We will do our best to address your concerns.  If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.  For any complaints that cannot be resolved directly, we will settle the dispute exclusively under the JAMS Streamlined Arbitration Rules or JAMS International Mediation Rules).  We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Changes to Privacy Policy

We may change our privacy practices and this Privacy Policy at any time and from time-to-time because of changes in relevant and applicable legal or regulatory requirements, our business practices, or in our attempts to better serve your needs and those of our other customers. Notice of such changes to our privacy practices and this Privacy Policy will be given in the manner described in the Terms of Use and a revised Privacy Policy will be posted on the Site.

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 webmaster@boatechnology.com.

Acknowledgement

BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY PRACTICES, AND TO THE USES AND DISCLOSURES OF INFORMATION THAT WE COLLECT ABOUT YOU, THAT ARE DESCRIBED IN THIS PRIVACY POLICY, AND YOU AGREE TO BE BOUND BY THE TERMS OF USE REFERENCED ABOVE.