Privacy Policy

BOOKA TECHNOLOGIES LIMITED (we) are committed to protecting your personal data and respecting your privacy

Introduction

1.Important information and who we are

Contact details

Our full details are:

• Full name of legal entity: BOOKA TECHNOLOGIES LIMITED
• Name or title of data privacy manager: Donnchadh Healy
• Email address: hello@booka.ie
• Postal address: Ground Floor, 71 Lower Baggot Street, Dublin, D02 P593, Ireland

You have the right to make a complaint at any time to the Data Protection Commission (DPC), the Irish regulator for data protection issues.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on 2 April 2024. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email or when you next start the Platform. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the Platform and/or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third party links

Our Platform may, from time to time, contain links to and from the websites of our other users, partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact Data (as defined at DESCRIPTION OF CATEGORIES OF PERSONAL DATA below). Please check these policies before you submit any personal data to these websites or use these services.

2. The data we collect about you

We may collect, use, store and transfer different kinds of personal data about you as follows:

• Contact Data
• Content Data
• Profile Data
• Transaction Data
• Usage Data
• Communications Data
• Location Data

We explain these categories of data at DESCRIPTION OF CATEGORIES OF PERSONAL DATA below.

We may also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

If you fail to provide personal data:

Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, insufficient registration information).

3. How is your personal data collected

We will collect personal data about you as follows:

• Information you give us. This is information (including Profile, Contact, Content, Usage and Communications Data) you consent to giving us about you by filling in forms on the Platform, signing up to our newsletter, using the Platform or by corresponding with us (for example, by email). It includes:
  1. information you provide when you register to use the Platform by creating a user account;
  2. information you provide when you use the Platform (by, for instance, requesting services from a Supplier, interacting with a Customer, transacting on our Platform, posting materials on the Platform or using the chat facility);
  3. information you provide when you report a problem with the Platform or our Services;
  4. when you contact us, any correspondence between you and us.
• Location Data. We also use GPS technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.
• Information we receive from other sources including other users of the Platform and third parties. We will receive personal data about you from various third parties as set out below:
  1. If you decide to register through or otherwise grant access to a third-party social networking or integrated service (what we call an “Integrated Service”), such as Facebook, Google, Apple ID or similar single sign-on service, we may also collect personal data that is already associated with your Integrated Service account. You may also have the option of sharing additional personal data with us through an Integrated Service, as controlled through your settings on that Integrated Service. If you choose to provide such personal data, during registration or otherwise, we will treat and use this personal data in accordance with this privacy policy;
  2. When other Platform users interact with you within the Platform, we will receive Profile and Usage Data about you such as your username, booking requests, transaction details and chat interactions between you and these other users;
  3. Device Data from providers of technical, cloud analytics and payment services such as: Google, SendGrid, Apple, Zendesk, Mailchimp, Amazon Web Services, MongoDB, Facebook, Twitter, LinkedIn and/or Stripe.
  4. Booka uses information received from Google Calendar to create and remove events as instructed by you. This usage adheres to the Google API Services User Data Policy, including the Limited Use requirements. Link to Google API Services User Data Policy.
  5. We may update this list from time to time.

4. How we use your personal data

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

• Where you have consented before your personal data is used;
• Where we need to perform a contract we are about to enter or have entered with you;
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
• Where we need to comply with a legal or regulatory obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us at hello@booka.ie.

Please note we do not use automated decision making (including profiling).

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

5. Sharing of your personal data

We may share your personal data with the third parties set out below and for the purposes set out in the table at PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA above:

• If you are a Customer, Vendors who will provide you or offer to provide you with their Performances;
• If you are a Vendor, Customers who are seeking to book a Performance with you;
• External Third Parties as set out in the GLOSSARY;
• Service providers such as Google, Apple, SendGrid, Zendesk, Mailchimp, Amazon Web Services, MongoDB, Facebook, Twitter, LinkedIn and/or Stripe;
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

6. International transfers

Many of our External Third Parties and service providers are based in Ireland but sometimes we will need to store and process your personal data outside of Ireland and the European Economic Area (EEA).

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the EEA.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of Ireland.

7.Data security

All information you provide to us is stored on our secure servers. Any payment transactions carried out by our chosen third-party provider of payment processing services will be encrypted using appropriate encryption technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the Platform, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict and appropriate procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

Certain Services include social networking feature. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

8. Data retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see YOUR LEGAL RIGHTS below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

In the event that you do not use the Platform for a period of 12 months then we will treat the account as expired and your personal data may be deleted.

9. Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data:

• Right to request access to your personal data (commonly known as a “data subject access request“). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Right to request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Right to request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Right to object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Right to request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  1. if you want us to establish the data’s accuracy;
  2. where our use of the data is unlawful but you do not want us to erase it;
  3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims;
  4. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Right to request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Right to withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at hello@booka.ie.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

How to make a complaint

In the event that you wish to make a complaint about how your personal data is being processed by us, or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority who can be contacted as follows. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us in the first instance: hello@booka.ie.

10. Glossary

Lawful basis

• Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us at hello@booka.ie.
• Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at hello@booka.ie.
• Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
• Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

External third parties

Professional advisers including lawyers, bankers, auditors and insurers based in Ireland (or elsewhere) who provide consultancy, banking, legal, insurance and accounting services.

The Irish Revenue, regulators and other authorities based in Ireland (or elsewhere) who require reporting of processing activities in certain circumstances.

11. Description of categories of personal data

• Profile Data: includes your username and password, title, pictures, ID details, date of birth, bookings, service purchases or orders and/or services deliveries made by you, your interests, preferences, language settings, feedback and survey responses.
• Transaction Data: includes details about payments to and from you and other details of Services you have purchased from us and/or through our Platform.
• Contact Data: includes email address, postal address and phone number.
• Device Data: includes information about your hardware, for example the model of the Device you use, your Device’s operating system version, browser plug-in types and versions and internet protocol (IP) address.
• Content Data: includes any content that is posted, transmitted or otherwise made available and/or provided by you through the Platform, including, without limitation, any text, photographs, video recordings, reviews, attachments via the chat functionality, sound recordings and the musical works embodied therein (including video recordings that incorporate sound recordings and ambient noise) that is captured, recorded, filmed, posted, transmitted or otherwise made available and/or provided by you through the Platform.
• Usage Data: includes details of your use of our Platform including but not limited to login information, how you interact with our Platform, information about your sharing of contents with other Platform users, the resources that you access on the Platform, whether this is required by us to improve the Platform and/or user experience, fix usability issues, dimension our infrastructure or otherwise.
• Communications Data: includes your communication/correspondence with us or other users (via emails, chat messages or otherwise), records of your discussions with our customer support teams, including call recordings, when you share comments and opinions with us, ask us questions or make a complaint, including when you phone us. This includes when you send us emails, letters, phone our support team or contact us through social media.
• Location Data: includes the time zone within which your Device is located (country/city), GPS technology to determine your current location for the purposes of finding and/or booking Suppliers in your area.