We are Boku, Inc. of 660 Market Street, 4th Floor, Suite 400, San Francisco CA 94104, USA.
When you use our services or the services provided by one of our affiliates, you trust us with your personal information. We are committed to maintaining that trust and want to provide transparency about how we protect, collect, use and share the personal information you share with us.
This privacy notice applies to users of the Boku services anywhere in the world, including those who contact our customer support team.
2. Data Controller
If you are a resident of the United States or any country not in the European Economic Area (EEA) the data controller for the information you provide or that is collected by Boku is Boku, Inc.
If you are a resident in the United Kingdom, your data controller is Boku, Inc. which has appointed Boku Network Services UK Ltd as its designated representative. If you are a resident in the EEA, your data controller is Boku, Inc. which has appointed Boku Network Services IE Limited as its designated representative.
Full details of who to contact in connection with any issue relating to how we use your personal information are set out at the foot of this Privacy Notice.
3. Personal Data Collected
We want to ensure you are aware of our practices for collecting and processing personal information.
You are not under any obligation to provide any of the below personal information to us, however, if you do not provide this information, we will either be unable to provide our services to you or our merchants, or our ability to do so may be significantly hindered.
The personal information we collect about you is used to provide our services in connection with our contract with you or any contract between you and a merchant from which you seek to receive goods or services.
In processing your payment, we may collect the following information:
- your mobile number and other account data such as a payment network handle or username;
- information about your browser and / or device and other attached metadata including language and locale settings;
- computer, mobile network operator, or network connection identifiers including your IP address;
- billing amount, product description, payment network and merchant.
If you contact our customer support team, we may also ask you to share the following additional information which we will use to process your customer enquiry (including for the purposes of verifying your information with merchants and payment networks):
- your full name;
- your email address;
- any other information that we require, and which you provide to us with your consent, to process your enquiry (or which you provide to us through one of our customer support mediums).
If you visit our website www.boku.com we will routinely collect information from you, namely your IP address, browser type, operating system, date and time settings, the files you request, referring websites, country from which you make your request and other similar data.
4. How we use this data – legal basis and purpose
Boku is committed to ensuring the information we obtain and use about you is processed in accordance with its intended purpose.
The ways we use your information are:
- in processing your transaction;
- providing, operating and improving the Boku services;
- sending electronic communications to you as part of, or in connection with, the Boku services or services provided to you by a merchant;
- restricting access to the Boku services in the event of an opt-out;
- combatting and preventing crime, fraud and abuse on our systems;
- complying with certain legal obligations, including “Know Your Client” (KYC), customer due diligence (CDD) and Anti Money Laundering (AML) requirements;
- sanctions and politically exposed person (PEP) screening;
- processing and responding to any customer services enquiries you may make;
- managing and understanding our ongoing relationship with you.
We may also combine your information with public information or other information we receive from third parties for the purposes of providing, operating and improving the Boku services.
Accordingly, all of the information that we process about you is done on the basis of one or more of the following:
- clear consent provided by you for us to process your data for a specific purpose, whether or not such consent is provided to us directly or via a third party;
- for the performance of our contract or a merchant’s contract with you;
- to comply with legal obligations that we are subject to or to which a merchant or payment network is subject; and / or
- for purposes which are in our legitimate interests, or those of third parties.
We may use your personal information for automated individual decision-making or profiling as permitted by law to monitor and prevent fraud and abuse on our systems, to ensure the security and reliability of our services, and as needed to enter into or perform our contract with you. We will not use any special categories of personal information for these purposes.
5. How your data is shared
We will not sell, rent, or lease your personal information. We may however share the information you share with us, for the purposes identified above, with the following parties:
- merchants with whom you engage or transact where Boku processes that transaction;
- our affiliate and group companies;
- mobile network operators and local payment methods with whom you have an existing contractual relationship;
- our employees, contractors, agents and advisors, for example our financial, business and legal advisors;
- our partners and vendors, who help us provide the Boku services;
- with law enforcement and public authorities as permitted under applicable laws and regulations.
Where we share your personal information with the third-parties listed above, we require that such third-parties process your personal information on terms which provide appropriate safeguards for your privacy and the confidentiality of your information. We recognise our liability in cases of onward transfers to third parties.
6. How your data is retained and protected
We will retain your information for the period necessary to fulfil the purposes outlined in this Privacy Notice, unless a shorter or longer retention period is required, justified or permitted by law. We make no commitment to retain your data for any period and you should not rely on us to do this.
We may however retain your information for an extended period of time if we have lawful and legitimate reasons to retain your data, such as to defend our legal position or combat fraud and abuse on our services or the services of our partners.
At Boku, we take all reasonable efforts to ensure security on our systems.
If Boku learns of a personal data breach, we may attempt to notify you electronically, via email or text, so that you can take appropriate protective steps.
7. Your rights and your choices about your information
Boku is committed to collecting and retaining the personal information you provide to us in accordance with your wishes and as permitted or required by law.
As a matter of transparency, we also consider it important, where possible, to provide real-time access for you to review your personal information that we keep.
You are able to request that we correct, provide a copy of, stop using and / or erase your personal information at any time. Our systems are designed to provide data portability and we will assist you in exercising your rights over the data we keep about you. However, even if you request that we stop using and /or that we erase your personal information, we may continue to hold and / or process your personal information if:
- it is necessary for the performance of our contract with you;
- it is necessary for the performance of a merchant’s contract with you;
- it is necessary to comply with a legal or regulatory obligation to which we are subject;
- the processing is necessary for the establishment, exercise or defence of legal claims.
If you require further information or would like to make an enquiry about your information that we hold and process, then you can contact us via our support page. We will reply to your request within thirty (30) days of your submission or in accordance with relevant laws.
You can help us maintain accurate records by informing us of changes or modifications to your personal information.
You understand that there is a possibility, under certain conditions, that you may invoke binding arbitration.
8. Further information
EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework Compliance
Privacy Shield Inquiries and Complaints
In compliance with the Privacy Shield Principles, Boku, Inc. 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 Boku, Inc. at: Address- Boku, Inc. Legal Department, 3500 S Dupont Hwy, Camden, DE 19934, US. Email- firstname.lastname@example.org.
EU and Swiss Data Protection Authorities
Boku, Inc. has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.
U.S. Federal Trade Commission
With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Boku, Inc. is subject to the investigatory and regulatory enforcement powers of the U.S. Federal Trade Commission (“FTC”). In the case of onward transfers to third parties of the data of EU individuals received pursuant to the Privacy Shield Framework, Boku Inc. remains responsible for compliance with the Privacy Shield Principles.
Cookies and other similar technologies
Cookies are files placed on your computer, mobile phone or other device used to identify and track visitors across websites and to compile statistical reports or website activity.
You can alter your browser settings to not accept cookies however, in a few cases some of our website features may not function as a result.
Use by children
We understand the importance of taking extra precautions to protect the privacy and safety of children using Boku’s services. Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to use the Boku services (the “Age Limit”). If you are under the Age Limit, please do not use the Boku services and do not provide any personal information to us.
Boku is a company operating in multiple jurisdictions around the world. As described in this Privacy Notice, we will share your information within our group of companies or with third-parties, which may require us to export your information described in this Privacy Notice across national boundaries.
If you are based in the EEA or the United Kingdom, when you use the Boku services, you authorise us to transfer, store, and process your information in the following territories:
- any country within the EEA; and / or
- any county outside the EEA:
(a) which is on the European Commission’s list of approved territories as providing adequate data protection for the rights and freedoms of individuals;
(b) where Boku has ensured appropriate safeguards via the Standard Contractual Clauses or with such third parties for the transfer of your personal information in compliance with such organisational and technological safeguards as are necessary to protect your privacy.
Standard Contractual Clauses
The European Commission has approved the use of Standard Contractual Clauses as a means of ensuring adequate protection when data is transferred outside of the EEA to third countries that have not been approved via an adequacy decision from the European Commission. Through the use of the Standard Contractual Clauses, data which is transferred to third countries will be protected when transferred outside the EEA or the United Kingdom. Boku relies on the Standard Contractual clauses for any transfers to third party countries that have not been approved via an adequacy decision from the European Commission such as the United States and by using the Boku services you agree to that reliance.
9. Who to contact
Should you have further questions regarding our Privacy Notice or about how your personal information is used, you can contact us through any of the following mediums:
If you are not a resident of the EEA, Switzerland or the United Kingdom, please write to:
Data Protection Officer
660 Market Street,
4th Floor, Suite 400,
San Francisco CA 94104
If you are a resident of the EEA or Switzerland, please write to:
Data Protection Officer
c/o Boku Network Services IE Limited
5-7 O’Connell Street
If you are a resident of the United Kingdom, please write to:
Data Protection Officer
c/o Boku Network Services UK Ltd
2nd floor, 9 Orange Street,
London, WC2H 7EA
Further information pertaining to Boku’s German operations can be found on the Boku Impressum.
10. The right to complain
If you are based in the EEA or Switzerland, and consider our use of your personal information to be unlawful, you have the right to lodge a complaint with our supervisory authority, i.e. the Office of the Information Commissioner in Ireland.
11. Policy amendments
This website will always contain our current Privacy Notice. If we decide to change our privacy practices, we will post those changes to this Privacy Notice and other places we deem appropriate.
We reserve the right to modify this privacy notice at any time, so please review it frequently. If we change how we use your personally identifiable information, we will notify you here, by email, or by means of a notice on our home page.