Privacy Policy

Last modified: May 30th, 2023

Introduction

Boka Inc. (“Boka”, “Company” or “We”) respects your privacy and are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”, or “Policy”). This Policy describes the types of information we may collect from you or that you may provide when you visit the website www.boka.co (our “Website”) and Boka’s mobile application (the “App”, and with the Website, the “Boka Platform”), including any content, functionality, software applications, resources and services offered on or through the Boka Platform, whether as a guest or registered user, and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information we collect:

• ‍On the Boka Platform.
• In email, text, and other electronic messages between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Any third party, including through any application, website or content including advertising) that may link to or be accessible from or through the Website.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not access the Boka Platform. By accessing or using the Boka Platform, you agree to this Privacy Policy. This Policy may change from time to time (see Changes to Our Privacy Policy ). Your continued use of the Boka Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Children Under the Age of 13

The Boka Platform is not intended for children under 13 years of age. No one under the age of 13 may provide any information to or on the Boka Platform. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Boka Platform or through any of its features, register as a user on the Boka Platform, make any purchases through the Boka Platform, use any of the interactive or public comment features of the Boka Platform, 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 we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@boka.co.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

Territorial Restriction

The Boka Platform is only available for use and download in the United States and is not available for use and download for anyone outside of the United States.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Boka Platform, including information:

• By which you may be personally identified, such as name, mailing address, email address, telephone number, online contact information such as your email address or username, email address or username combined with a password or security question, phone number, commercial purchase information or purchase histories or tendencies, and other personal information (“Personal Information”)
• That is about you but individually does not identify you, such as commercial purchase information or purchase histories or tendencies; and/or
• About your internet connection, the equipment you use to access the Boka Platform, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through the Boka Platform may include:

• Information that you provide by filling in forms on the Boka Platform. This includes information provided at the time of registering to use the Boka Platform, posting or booking any services through the Boka Platform, or using any features of the Boka Platform. We may also ask you for information when you report a problem with the Boka Platform.
• Records and copies of your correspondence (including email addresses) if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the Boka Platform and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Boka Platform.
• Your search queries on the Boka Platform.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Boka Platform, or transmitted to other users of the Boka Platform or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Boka Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Boka Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to the Boka Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Boka Platform.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here https://boka.co/donottrack/ for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is only statistical data and does not include Personal Information. It helps us to improve the Boka Platform and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about user preferences, allowing us to customize the Boka Platform according to users’ individual interests.
• Speed up your searches.
• Recognize you when you return to the Boka Platform.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Boka Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Boka Platform.
• Web Beacons. Pages of the Boka Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• Flash Cookies. Certain features of the Boka Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Boka Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Boka Platform are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Boka Platform. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information:

• To present the Boka Platform and its contents to you.
• To enable you to post, find and book services on the Boka Platform.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account, including registration, expiration and renewal notices.
• To provide you with notices about services you post or book, including confirmations or changes to services you post or book.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to the Boka Platform or any products or services we offer or provide though it.
• To allow you to participate in interactive features on the Boka Platform.
• To analyze data collected to improve the services and features provided to you on the Boka Platform.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

Based on your user preferences, we may also use your information to contact you about third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Information that we collect or you provide as described in this Policy:

• To other users with whom you book a service through the Boka Platform.
• To contractors, service providers, and other third parties, such as Stripe, Inc., we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Boka’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Boka about the Boka Platform users is among the assets transferred.
• To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
• To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of the Boka Platform, we will transmit the contents of that email and your email address to the recipients.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your Personal Information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Boka, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by logging into the Boka Platform and adjusting your user preferences in your account profile.
• Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt-out by logging into the Boka Platform and adjusting your user preferences in your account profile. If we have sent you a promotional email and you wish to opt out, you can also unsubscribe through the email. This opt out does not apply to information provided to the Company as a result of booking a service, reporting a service experience or other transactions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by logging into the Boka Platform and adjusting your user preferences in your account profile.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Residents of certain states, such as California, may have additional Personal Information rights and choices. Please see Your State Privacy Rights for more information.

Accessing and Correcting Your Information

You can review and change your Personal Information by logging into the Boka Platform and visiting your account profile page.

You may also send us an email at privacy@boka.co to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Boka Platform, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of the Boka Platform or third parties. Proper access and use of information provided on the Boka Platform, including User Contributions, is governed by our terms of use.

Residents of certain states, such as California, may have additional Personal Information rights and choices. Please see Your State Privacy Rights for more information.

State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.

YOUR CALIFORNIA PRIVACY RIGHTS

Boka does not sell or trade your Personal Information with outside third parties. Additionally, California Civil Code Section § 1798.83 permits Users of the Boka Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to privacy@boka.co.

Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send an email to privacy@boka.co.

COPPA COMPLIANCE (FOR CHILDREN UNDER 13 ONLY)

IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE THE BOKA PLATFORM.

The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. The Boka Platform is not meant for use by children under the age of 13. The Boka Platform does not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at privacy@boka.co.

CAN-SPAM ACT OF 2003

The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations.  Per the CAN-SPAM Act, we will:

• not use false or misleading subjects or email addresses;
• identify the email message as an advertisement in some reasonable way;
• include the physical address of Boka Inc.;
• monitor third-party email marketing services for compliance, if one is used;
• honor opt-out/unsubscribe requests quickly; and
• give an “opt-out” or “unsubscribe” option.

If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at privacy@boka.co and we will promptly remove you from all future marketing correspondences.

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is encrypted and stored on our secure servers behind firewalls. We accept payment through a third-party payment processor on our behalf that is payment card industry compliant.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Boka Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Boka Platform. The information you share in public areas may be viewed by any user of the Boka Platform.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Boka Platform. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Boka Platform.

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Boka Platform home page. If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Boka Platform home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Boka Platform and this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: privacy@boka.co.