BOTA MATCHA PRIVACY POLICY

** PLEASE NOTE THAT THESE PRIVACY PRACTICES GOVERN OUR CANADIAN, UNITED STATES AND EUROPEAN UNION USERS. OUR PRACTICES MAY BE DIFFERENT IN OTHER COUNTRIES AND JURISDICTIONS.

INTRODUCTION

Welcome to Bota Matcha!

This privacy policy (“Privacy Policy”) governs and explains Bota Matcha privacy policies and practices on our online website (the “Platform”). Bota Matcha is referred to as “Bota Matcha”, “we”, “us”, or “our”.

This Privacy Policy is incorporated into, and governed by, our Terms and Conditions. All capitalized terms contained in our Privacy Policy that are not defined will have the meaning given them in our Terms and Conditions. If you are accessing, viewing, and/or using our Platform, the following privacy terms will apply to our collection and use of your Information.

We do not allow users under eighteen (18) years of age. If you (1) are under eighteen(18) years old, or (2) do not have your parent’s and/or guardian’s consent if under eighteen (18) years of age, then you are not authorized to view, access, or use our Platform, or our services.

YOU ALSO AGREE THAT YOUR INFORMATION MAY BE COLLECTED BY AND USED BY OUR THIRD PARTY SUPPLIERS (INCLUDING SHOPIFY, SHOPIFY PAYMENTS, STRIPE, AND RECHARGE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS AND PRIVACY POLICIES. BY USING THE PLATFORM, YOU AGREE TO THEIR TERMS AND CONDITIONS AND PRIVACY POLICIES.

WHAT WE COLLECT FROM OUR USERS

Personal Information

We may collect personally identifiable information that you provide to us through our Platform.

Currently, we collect potentially personally identifying information that you submit to our Platform as text input when you register for an account on our Platform (and/or update your account information from time to time). Your text input may contain personally identifying information such as your name, email address, and telephone number. However, we do not ask for your exact age and/or your gender upon creating an account.

We may also collect other personally identifying information in order to enhance our Services, Product offerings, and the Platform (collectively, “Personal Information”), through text input or analytical software programs. We currently use Google Analytics, Enhanced E-Commerce, Facebook Pixel, and Kalviyo (with single opt-in enabled), and may add others from time to time. We will notify you with updates to this Privacy Policy of any future collections of (and our methods of collecting) any other personally identifying information (such as exact age, gender, and/or ethnicity) through various other third party suppliers.

We currently only store your Personal Information collected through text input and other third party providers listed in this Privacy Policy. Some of your Personal Information may be stored locally on your mobile device. However, we may in the future store your Personal Information remotely through our Processors. In the event that we do, we will notify you via a notification to all users of our Platform.

User Data

We may also collect and track certain information about you that may not constitute Personal Information. This includes, but may not be limited to: collecting and tracking your session ID; your server domain names; date and time of your visit(s) to our Platform; the originating IP address(es); any content and Product(s) viewed and/or shared by you; amount of time spent on the Platform; number of views of various of our Products; search engine(s) used by you to find our Platform and Products; the type of operating system you use; various information and data on how you use our Platform, and the type of Web browser(s) for customers on our Platform; the language you use in your web browser(s); operating system(s) on your mobile phone(s); your mobile device type and related technical information; the state or country from which you access our Platform; the number of links or other features you click within our Platform; the functions you use on our Platform; and/or optional values such as custom data events and conversion values on our Platform (the “User Data”). We also may aggregate any such User Data, which is typically collected, analyzed, and maintained in aggregated and de-identified formats.

We currently do not collect (a) your geo-location data, (b) your gender, and/or (c) your age (other than to verify that you are over eighteen (18) years old in accordance with our Terms and Conditions.

Opting Out of Collection and Storage

If you don’t want to provide any of the Personal Information described above, and/or if you prevent us from collecting and storing the User Data as described in this Privacy Policy, you may be unable to view, access, and/or use our Platform. However, you can choose to opt-out of certain provisions of this Privacy Policy by submitting a request in writing to hello@botamatcha.ca. Please note that this opt-out process may take some time to complete, consistent with applicable law. You agree that we are not liable for any portion of our Platform that does not operate properly after you take these actions. Please note that this includes the ability for California residents to request various portions of Personal Information not be collected or stored under applicable California law.

HOW WE COLLECT INFORMATION

To collect User Data, we may in the future use various third party processors (“Processors”) on our Platform. We currently use the processors listed in this Privacy Policy as described. We may change and/or add other Processors from time to time in our discretion. By downloading, using, and accessing our Platform, you agree that we may use, and rely upon our third party Processors to collect, store, and analyze the data and information described in this Privacy Policy in de-identified formats.

Using our Processors, we will collect Personal Information and User Data (collectively, the “Information”) about you directly through our Platform by assigning each user a tracking number for as long as each user uses the Platform(s).

We use these Processors primarily to: provide you with our Platform; enhance your user experience on our Platform; enhance our Product and service offerings; allow you to purchase our Products; create user accounts; enable login functionality; provide you updates; and enable our Platform to function smoothly. These third party processors may at various times have access to, and store, Personal Information and User Data.

By accessing and viewing our Platform, providing your Information, and accessing our Products and Services, you agree to each of our Processor’s privacy policies, which are hyperlinked where listed above.

OUR USE OF COLLECTED INFORMATION

We do not sell your Personal Information or User Data to third parties. We use a system that collects and stores this data in an anonymous way.

However, in the future we may collect and store the Information collected for the reasons listed above, as well as for other internal reasons, including, but not limited to: (a) monitoring, researching, and analyzing traffic flow on our Platform; (b) better service provision for Users of our Platform; (c) compilation and aggregation of anonymous information about usage of our Platform and purchase of our Products; (c) provide announcements about Platform features and Product offerings; and/or (d) provide various Product and service promotions. In addition, we may use your Personal Information to maintain contact with you.

DISCLOSURE OF PERSONAL INFORMATION

Other than our suppliers and Processors, we may also disclose your Information to unaffiliated third parties if we believe in good faith that such disclosure is necessary, including, to: (a) comply with the law or in response to a subpoena, court order, government request, and/or other legal process; (b) produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, and/or other legal or administrative proceedings; and/or (c) protect the interests, rights, safety, or property of our Users or others.

SECURITY OF PERSONAL INFORMATION

We use commercially reasonable administrative, technical, personnel, and physical measures and efforts: (a) to safeguard Personal Information against loss, theft, unauthorized use, disclosure, or modification; and (b) to ensure the integrity of the Personal Information. To help us protect your privacy, you should maintain the secrecy of any login ID(s) and password(s) you may have set up in connection with your viewing and access of our Platform, and the use of our Services (as required from time to time).

Despite our efforts to protect your Personal Information, the confidentiality of any communication or material transmitted to or from us via our Platform, via the Services, via your mobile device, or via e-mail cannot be, and is not, guaranteed. Accordingly, you agree that we are not responsible for the security of information transmitted to or from you via the Internet.

In addition, to protect your Personal Information, never share your password and/or Personal Information with anyone (if and when such information is actually required by us). If you feel that your password or Personal Information has been discovered or compromised, you should change it immediately by logging onto our Platform and accessing your profile to change your password.

ACCESS TO, AND ABILITY TO CORRECT, PERSONAL INFORMATION

You may modify, correct, change or update your Personal Information by updating your information in your account settings or by contacting us at hello@botamatcha.ca. We will make commercially reasonable efforts to accommodate your request and typically process requests within thirty (30) calendar days from receipt of your request(s). However, we reserve the right to impose certain restrictions and requirements on such access requests, if allowed or required by law.

STORING & DELETING YOUR INFORMATION

We store any collected Information only on our third party suppliers’ platforms and servers in the formats specified by each supplier listed in this Privacy Policy. We currently do not store your data on our own servers, but may in the future. Various data can be deleted by you by sending us a written request tohello@botamatcha.ca so we can coordinate with our third party suppliers to comply with your request(s). As stated above, we typically remove this information where possible within thirty (30) calendar days from receipt of your request.

FINANCIAL DATA

We only collect your financial data related to your credit card information for purchases of our Products. We currently use Shopify Payment and Sripe. You agree that the collection, storage, and use of this financial data by these third party suppliers is governed by their respective terms and policies. You agree to these terms by providing us any financial information.

RIGHT TO CHANGE PRIVACY POLICY

If you choose to visit, view, access, and/or use our Platform in the United States, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms and Conditions, including, but not limited to, limitations on damages, resolution of disputes through arbitration, and application of the laws of the State of Delaware. If you have any concern about privacy on our Platform, our Content, and/or our services available on or through our Platform, please contact us with a thorough description, and we will try to resolve it.

Our business changes, and both this Privacy Policy and our Terms and Conditions, may change accordingly. We reserve the right to change this Privacy Policy at any time. Please check our Platform and this Privacy Policy frequently to see any changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Your continued used of our Platform and/or the Services available on or through our Platform will be interpreted as your acceptance of any such changes and updates to this Privacy Policy.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your Personal Information to third parties for direct marketing purposes, including a description of the categories of Personal Information, be disclosed. In order to obtain such information, please email your request to hello@botamatcha.ca.

USERS FROM THE EUROPEAN UNION AND THE UK

If you are a resident in, or a national of, the EU and/or the UK, you confirm your acceptance of the Privacy Policy statements set out above but only insofar as they are not altered, changed or enhanced by the following provisions required by the EU General Data Protection Regulation.

The Lawful Basis for Processing Your Personal Data

In processing or holding your personal data in connection with the purposes set out in this Privacy Policy, We may rely on one or more of the following legal reasons, depending on the circumstances, where:

 

• We have obtained your prior informed consent to the processing (this legal basis is only used in relation to processing that is entirely voluntary, e.g. it is not used for processing that is necessary or obligatory in any way) of your personal data;
• The processing is necessary in connection with any contract that you may enter into with Us;
• The processing is required by the applicable law;
• The processing is necessary to protect the vital interests of any individual; or
• We have a legitimate interest in carrying out the processing for the purpose of managing, operating or promoting Our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.

Transfer of Your Personal Information

Due to the nature of our business, we may from time to time transfer your personal data to other jurisdictions and/or countries. Where such a transfer occurs your personal data will be treated with reciprocal rights to those granted to you under the General Data Protection Regulation where applicable.

LANGUAGE AND TRANSLATIONS

This Privacy Policy has been drafted in the English language and any translation hereof shall be deemed to be for information purposes only.

In the event of any dispute related to any non-English translation of this Privacy Policy, the English language version shall govern.