Terms & Policy
- How We Collect Information
- What Information Do We Collect
- How We Use Information We Collect
- How We Protect This Information
- Children’s Privacy
- Contact Information
How We Collect Information
Personal Information may either be provided by you when you register, subscribe, play, participate, create an account or can be collected on an opt-in basis when you accept to access our site via Wi-Fi, Bluetooth Push, QR Code, Keyword, or URL entry. We may also collect additional information about you from 3rd party sources and add it to your information collected.
What Information Do We Collect
Several of the BoonYah services and features require you to provide us with Personal Information, such as your name, email address, postal address, and phone number.
BoonYah collects Device-Specific Information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number) and may associate your device identifiers or phone number with your Personal Information.
BoonYah may collect Mobile Location Information from your device and may collect information even if you are not logged into our site.
You can visit our site on the World Wide Web without telling us who you are or revealing any personal information about yourself. Like most standard website servers, we use log files. Log files track Internet protocol (IP) addresses, browser type, Internet service Provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks.
How We Use Information We Collect
BoonYah uses information collected from cookies and other technologies, to improve your user experience and the overall quality of our services, diagnose problems with our server, measure the number of visits and number of pages viewed, register methods by which our site was found and methods used for viewing our site, analyze trends, administer the site, prevent fraud, track website navigation in the aggregate, gather broad demographic information for aggregate use, evaluate how you use our site and how we improve the content of the site.
BoonYah may use or disclose information about you, including your personal information with your implied consent. Implied consent is when you register, subscribe, play, participate, create an account or when you accept to access our site via Wi-Fi, QR Code, Keyword, or URL entry.
Any personal information or content that you voluntarily disclose for posting through the service (i.e., social comments) becomes available to the public. We are not responsible for the personal information that you choose to disclose publicly through the service. If you remove information that you posted through the service, copies may remain viewable in cached and archived pages of the service on third party sites, or if other users have copied or saved that information.
By providing your email address, you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as newsletters, changes to features of the service, or special offers.
BoonYah may use your mobile phone number to administer contests, games and other offer activities or events by us or our advertisers. We may also send you text messages from us or on behalf of our advertisers. Our text messages are delivered via US shortcode 39242. You may receive 30 text alerts per month. Messaging and data rates may apply. You may stop receiving text messages from any of our advertisers at any time by sending a text message STOP to shortcode 39242. You may stop receiving text messages from BoonYah and all of our advertisers at any time by sending a text message STOP ALL to shortcode 39242. You may receive help from BoonYah at any time by sending a text message HELP to shortcode 39242.
How We Protect This Information
BoonYah encrypts many of our services using SSL and uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to BoonYah and you do so at your own risk. Once we receive your transmission of information, BoonYah makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
To protect your privacy and security, we take reasonable steps (such as requesting a unique pin number) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique pin number and for controlling access to your account, at all times.
BoonYah will transfer your credit card number or other personal information to the appropriate credit card company or third party payment processor in order to process any online payments.
Protecting the privacy of young children is especially important. For that reason, BoonYah does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register as Users. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to BoonYah. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
iGo Marketing, LLC
Attention: Legal Department
2703 Market Center Drive
Privacy And Intellectual Property Protection
Use Of Our Services
Merchants subscribing to BoonYah get access to an online engagement portal to review data regarding users of the BoonYah Services in connection with their business. Merchants can use such data to engage with their customers, build loyalty and get a better understanding of their customers. Users accessing BoonYah via the web or mobile device have a chance to win prizes at Merchants, receive gifts from these Merchants and get access to content provided by these Merchants. In order to register, subscribe, play, participate, create an account or opt-in, personal information is collected to give you access to the Services. You can stop using our Services and opt-out at any time. This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are between 13 years of age and 18 years of age you may use the Services only if you either are an emancipated minor or have the consent of your parent or legal guardian, and are fully able and competent to enter into this Agreement and to abide by and comply with its Terms. You agree to use our Site and Services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit any other User’s enjoyment of the Site or Services. You must not use our Site or Services to send unsolicited commercial communications. You must not use the content on our Site or Services for any marketing related purpose without our express written consent. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account pin number secure. You must notify BoonYah immediately of any breach of security or unauthorized use of your account. Although BoonYah will not be liable for your losses caused by any unauthorized use of your account; you shall be liable for the losses of BoonYah or others due to such unauthorized use. All aspects of the Service are subject to change or elimination at BoonYah’s sole discretion. BoonYah reserves the right to interrupt the Site or Services and/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Site or Services with or without prior notice for any reason or no reason. You agree that BoonYah will not be liable to you for any interruption of the Site, Services or your account. You are solely responsible for your interactions with other BoonYah Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. BoonYah shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Not Responsible For Offers, Coupons, Deals, Gifts Or Prizes
You expressly agree that delivery of Offers, Coupons, Deals, Gifts or Prizes is the sole responsibility of the Merchant offering such Offers, Coupons, Deals, Gifts or Prizes and BoonYah has to responsibility or liability regarding the Offers, Coupons, Deals, Gifts or Prizes. You also acknowledge that BoonYah has no control over the quality, safety, legality, or accuracy of any Offers, Coupons, Deals, Gifts or Prizes. Accordingly, you irrevocably release BoonYah (and its officers, directors, employees, representatives and agents) from any claims, demands and damages (actual and consequential) of every kind and nature (known and unknown, disclosed and undisclosed), that may arise from any dispute you may have with a Merchant. If you are a California resident, you waive California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Disclaimer Of Warranties And Limitation Of Liability
THE SITE AND SERVICES ARE PROVIDED NO AN “AS IS” AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS IN OR ON THIS SITE OR THAT ANY OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR WITH OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOONYAH, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SITE OR SERVICES; (C) THE SERVICES IN GENERAL OR THE SOFTWARE OR SYSTEMS THAT MAKE THE BOONYAH SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH BOONYAH OR ANY OTHER USER OF THE BOONYAH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BOONYAH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. The Service is controlled and operated from its facilities in the United States. BoonYah makes no representations that the Site or Service is appropriate or available for use in other locations. Those who access or use the Site or Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
You agree to defend, indemnify and hold harmless BoonYah and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site or Services, including any data or content transmitted or received by you; (ii) your violation of any Term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim for damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Site or Services with your pin number or other appropriate security code.
iGo Marketing, LLC
Attention: Legal Department
2703 Market Center Drive