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BOAFIT.COM PRIVACY POLICY

OVERVIEW

Thank you for visiting www.BoaFit.com (the “Site”), which is operated by Boa Technology, Inc. This policy (this “Privacy Policy”) describes what information we and our subsidiaries (collectively, “BOA”) 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 BOAFit.com Terms of Use. By using the Site, you expressly consent to the use and disclosure of information as described in this Privacy Policy. This policy expressly covers BOA, Habu, and any other brands, companies, or sites owned or operated by Boa Technology, Inc.

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:

  • 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 [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. BOAcomplies 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.

Cookies are small text files containing a string of alphanumeric characters which we may send to your computer or device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Site, you may not be able to utilize the features of the Site to their fullest potential. We also use other similar technologies (e.g., beacons, pixel tags, clear gifs, and device identifiers) to recognize you and/or your device(s) on, off, and across the Site and on different devices. We also allow others to use cookies and similar technologies. You can control or opt out of the use of cookies and similar technologies that track your behavior on the sites of others for third-party advertising. For further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org.

Google Analytics

Our Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to better assist BOA in understanding how the Site is used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Site, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Site, compiling reports on Site activity for BOA’s use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Site. The use of cookies by Google Analytics is covered by Google’s Privacy Policy, available at https://policies.google.com/privacy.

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 [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?

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. These measures include the use of appropriate technical, physical, and administrative safeguards. 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.

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]

LINKED SITES

For your convenience, some hyperlinks may be posted on the Site that link to other websites 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 website that you visit. In addition, should you happen to initiate a transaction on a website 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.

EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

If you are providing your information from the European Union or Switzerland, BOA complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the EU and Switzerland to the United States. Boa has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, the Privacy Shield Principles and to view our certification, please visit https://www.privacyshield.gov/. Our participation in the Privacy Shield applies to all personal information that is received from the European Union, European Economic Area, and Switzerland.

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.

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 [email protected].

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.