1.INTRODUCTION

We are Boku, Inc of 735 Battery St. San Francisco, CA, 94111.

When you use our services, 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 EEA, your data controller is Boku, Inc. which has appointed Boku Account Services UK Ltd 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. WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU?

We want to ensure you are aware of our practices for collecting and processing personal information, defined as any information that can be used to directly or indirectly identify you.

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 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.

In processing your payment, we will collect the following information:

  • your mobile number;
  • 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 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 mobile network operators):

  • 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 use our e-money product and exceed certain spending thresholds, we may also ask that you provide to us the following information:

  • your full name;
  • your email address;
  • your residential address and proof of your residential address;
  • your identification documentation.

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, and country from which you make your request.

4. HOW WE WILL PROCESS THE INFORMATION YOU SHARE WITH US AND THE LEGAL BASIS FOR SUCH PROCESSING

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:

  • 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;
  • 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) and Anti Money Laundering (AML) requirements;
  • 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;
  • for the performance of our contract or a merchant’s contract with you;
  • to comply with legal obligations that we are subject to; and / or
  • for purposes which are in our legitimate interests, or those of third parties.

5. HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION FOR?

We will retain your information for the period necessary to fulfill 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.

Under normal circumstances we will retain your information in our live database for a period of two years from the date of your transaction with us or from the date of your engagement with our customer services team. After this two-year period has expired, we will archive your data for a further five years. Following the expiry of the archive period, we will retire your personal information.

Upon retirement, the personal information that we collect about you will be erased or anonymised; however, we may continue to process your information after this seven-year period in an anonymised format to improve our services or assess market trends.

We may however retain your information for more than the seven years 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.

6. WHOM WE SHARE YOUR INFORMATION WITH

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 using the Boku services;
  • our affiliate and group companies;
  • mobile network operators 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 required by 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.

7. AUTOMATED DECISION-MAKING AND PROFILING

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.

8. 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 can view the information we keep about you including your transaction history by logging in to the Boku Transaction Portal. From the Boku Transaction Portal you can also opt out of certain Boku services. Additionally, if you have made a customer services enquiry with Boku, you can also review the history of this enquiry by logging in to your Boku Customer Support account.

You are also 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:

  1. it is necessary for the performance of our contract with you;
  2. it is necessary for the performance of a merchant’s contract with you;
  3. it is necessary to comply with a legal or regulatory obligation to which we are subject;
  4. 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 at [email protected]. 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.

9. GLOBAL OPERATIONS

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, when you use the Boku services, you authorise us to transfer, store, and process your information in the following territories:

  • the United States in accordance with the Swiss / EU-US Privacy Shield Framework or any update or successor to this framework;
  • any country within the EEA; and / or
  • any county outside the EEA:
    • which is on the European Commission’s list of approved territories as providing adequate protection for the rights and freedoms of individuals; or
    • where Boku has ensured appropriate safeguards 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.

More information on the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield may be obtained here.

Boku 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 information transferred from the European Union and Switzerland to the United States.

Boku 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 Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Framework, and to view our certification, please visit the U.S. Department of Commerce’s Privacy Shield List.

Boku is responsible for the processing of personal information shared with third-parties under the Privacy Shield Framework unless it can be established that we are not responsible for the event giving rise to the claim. With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Boku is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

If you have any questions or concerns related to our Privacy Shield certification you can contact us at Boku, Inc., Legal Department, 735 Battery St, San Francisco, CA 94111, USA or by email addressed to [email protected]. If we are not able to resolve any concern you may have, you may also contact your European Data Protection Authority, or seek assistance from our U.S.-based third-party dispute resolution provider TRUSTe.

Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution options do not satisfactorily resolve your concerns.

10. 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.

Boku and its partners use cookies or similar technologies to analyse trends, administer their websites, track users’ movements around the Internet, and to gather demographic information about our user base as a whole.

We partner with third-parties to advertise our services. Our third-party vendors and partners may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests.

The use of cookies by our partners, merchants and service providers is not covered by our Privacy Notice. We do not have access or control over these cookies. Our partners, merchants and service providers may use session ID cookies to make it easier for you to navigate our site.

11. 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.

If you suspect we have collected the personal information of a child under the Age Limit and you are that child’s parent of guardian, please contact us via our Customer Services team.

12. CHANGES TO OUR PRIVACY NOTICE

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.

13. THE SECURITY OF YOUR PERSONAL INFORMATION

At Boku, we take data privacy and protection seriously. We make reasonable efforts to ensure security on our systems.

If Boku learns of a security systems breach, we may attempt to notify you electronically, via email or text, so that you can take appropriate protective steps.

14. RIGHT TO COMPLAIN TO A SUPERVISORY AUTHORITY

If you are based in the EEA, 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 Information Commissioner’s Office in the United Kingdom.

15. FURTHER INFORMATION

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:

Boku Customer Services

Email: [email protected]

If you are not a resident of the EEA, please write to:

Data Protection Officer

Boku Inc.
735 Battery St.
San Francisco, CA, 94111

If you are an EEA resident, please write to:

Data Protection Officer

Boku, Inc.
c/o Boku Account Services UK Ltd
2-6 boundary Row
London, SE1 8HP

TRUSTe