Last Updated: November,11th 2019
1. How and what Information does Bamboo collect?
1.1 Bamboo may collect information about you when you use the Bamboo Platform, register on the Bamboo Platform, or interact with Bamboo in any way. You may also provide Bamboo information about your acquaintances or friends, as part of a referral program.
1.2 Information you provide to Bamboo
Bamboo collects all information which you voluntarily provide to Bamboo by using the Bamboo Platform or interacting with Bamboo. This includes without limitation information provided:
- during registration of a Bamboo Account or while updating your Bamboo Account;
- while availing Bamboo Services or support services, by availing or providing Pro Services or by participating in a survey;
- while communicating and corresponding with Bamboo or while communicating with a Pro or a Customer through the Bamboo Platform using phone calls, video chat, audio chats, text messages and in app messages, either through Bamboo Platform and/or third party communication services;
- by linking and accessing your Bamboo Account through your SNS Account;
- during any video interview that Bamboo may conduct or while Bamboo or its representatives video record or photograph the Premises and you;
- during 3D scan of the Premises or while the Customer obtains a free consultation or design consultation;
- about the Mode of Payment by a Customer;
- about the bank account or PayPal account by the Pro;
- while participating in a promotional activity; and
- as part of a referral program.
1.3 Types of information Bamboo Collects
The information Bamboo collects includes without limitation:
- Personal Information:
While using the Bamboo Platform, Bamboo may require you to provide or collect Personal Information.
Examples of Personal Information include:
- your Name, home or business address, email address, postal code, driving license photos, profile pictures, phone number and video recordings of you;
- your date of birth, age, gender, Social Security Number or passport details collected to validate your identity or to complete tax fillings;
- payment information such as your credit card, debit card or PayPal information or other financial account information; and
- any other information that enables you to be personally identified.
- Non-personally identifiable Information: Bamboo may also collect Non- Personally Identifiable Information about you such as your date of birth, professional qualifications, licenses and any registrations held by you, information about your skills and any services provided by you outside of the Bamboo Platform including the description of such services and their photographs and information about Bamboo Services and Pro Services obtained by you. Bamboo may aggregate the Non-Personally Identifiable Information of a User with other Users to improve the services offered through the Bamboo Platform; and
- Third Party Personal Information: As part of a referral program, Bamboo may collect limited Personal Information (such as first name, last name and contact information) from you about your friends and contacts.
1.4 Information Bamboo collects automatically
- Bamboo, its Affiliates, marketing partners, analytics, and service providers may also use device identifiers, tags and other similar technologies to identify you and to collect information for security and fraud detection purposes.
1.5 Information Bamboo obtains from others
Bamboo may also collect or receive Personal Information about you from third-party sources, such as other Users, suppliers, background check service providers, social media or other third-party integrations, and Bamboo may combine any of this information with data Bamboo already has about you. This helps Bamboo to update, expand and analyse Bamboo’s records, identify new customers, and create more tailored advertising that may be of interest to you. Bamboo will ensure that any marketing campaigns are aligned to federal, state and city laws, and GDPR requirements, as applicable.
1.6 You are not legally obligated to provide Bamboo with any information, but you may be contractually obligated to do so. If Bamboo does not receive certain information from you, then you may not be able to receive or provide Pro Services or Bamboo Services. Should you require any clarifications around whether provision of certain information is mandatory and the consequences for withholding such information, please contact Bamboo at firstname.lastname@example.org.
1.7 Please note that Bamboo does not respond to do-not-track signal. Thus while your browser setting may allow you to transmit a do-not-track signal to the Website and the Applications, however, Bamboo does not alter its practices even after receiving a do-not- track signal.
2. How does Bamboo use and disclose Personal Information?
2.1 Bamboo may hold, use and disclose your information for the following purposes:to process your requests to register on the Bamboo Platform including to assess a Pro as part of approval process for listing a Pro’s Profile on the Bamboo Platform;
to verify your identity. The registration process on the Bamboo Platform includes a background check of the Pros, including their skills, qualifications, and experience and criminal convictions. Such background checks may be conducted by Bamboo or through a third party service provider and will be conducted after obtaining the Pro’s consent. In respect of a criminal background check, Bamboo will steward all criminal background data in compliance with the FCRA and such information shall only be used for the purposes of making decisions related to listing a Pro on the Bamboo Platform and/or hiring the Pro for a Project;
to offer, obtain, provide or facilitate insurance solutions in connection with Pro Services;
to enable features that allow you to share information with other people, such as when you refer Bamboo Services, or submit a comment about another User;
for providing Bamboo Services, to enable you to access and use Website and the Applications, to avail or provide Pro Services, and to interact with other Users;
to complete your transactions, provide any information requested by you, to verify the information provided by you, for compliance and internal business purposes;
to operate, protect, improve and optimize Bamboo Platform, business and Users’ experience or to perform analytics or conduct research, troubleshoot software bugs and operational problems, to conduct data analysis, testing, and research, and to monitor and analyze usage and activity trends;
to send you service, support and administrative messages, newsletters, reminders, technical notices, updates and security alerts;
for direct marketing purposes. This includes analyzing data to identify trends and tailor marketing messages to User needs. Please note that Bamboo does not sell or share your Personal Information with third parties for third party direct marketing purposes;
to tailor content Bamboo displays to you and offers that Bamboo may present to you, on the Website, the Applications and elsewhere;
to manage Bamboo’s business relationship with you and the corporation or other legal entity that you represent (if applicable);
to address information security needs and for protecting Users, Bamboo and others;
to enforce and comply with Bamboo’s legal obligations, to conduct or assist in conduct of an investigation, to protect the property and rights of Bamboo or a third party, to protect the safety of public or any person, or to prevent or stop an activity Bamboo considers to be fraudulent, illegal, legally actionable or unethical;
administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by Bamboo or Bamboo’s business partners;
to resolve any Disputes that Bamboo may have with any User; and
3. How does Bamboo use your Personal Information for marketing?
3.1 Communications dataBamboo enables Customers and Pros to communicate with each other and with Bamboo using phone calls, video chat, audio chats, text messages and in app messages, either through the Bamboo Platform and/or third party communication services.
Bamboo and any parties involved in providing the communication services collect, monitor, record, store and use the communications content, details of the communication and the related Personal Information, including without limitation, time and duration of communication, its content, and the name and likeness of the Users involved. Such communication and collected Personal Information may be used for providing better customer support, resolution of disputes between Users, escalation of User issues, marketing of the Website and Bamboo Services through any mode and medium, improving the Bamboo Services, obtaining feedback about Customers and Pro Services, analytics, and for other safety and security purposes.
Customer shall, however, have the right to request that Bamboo cease to use, in whole or part, the communication, and/or the collected Personal Information for marketing purposes. Upon receipt of such request, Bamboo shall cease usage of communication and/or collected information for marketing purposes.
3.2 Security Camera FootageBamboo may use the Security Camera Footage to track the time spent by a Pro on a Project, the progress of a Project and allow the Construction Operations Team to monitor the people in the Work Areas and conduct after-the-fact investigation of any incidents occurring in the Work Areas.
Subject to a Customer’s prior written consent, Bamboo may also use select video clips (at real speed or time lapse) from the Security Camera Footage that feature the Customer for marketing purposes. Bamboo shall, however, not be required to obtain a Pro’s or Customer’s approval before using any portion of Security Camera Footage that features only one or more Pros (and not the Customer) working in the Work Areas.
3.3 Video interview of Pros and CustomersBamboo may use whole or part of the video interviews of the Pros and Customers, conducted before, during, and after the Project for marketing purposes.
Customer shall, however, have the right to request that Bamboo cease to use, in whole or part, the interviews for marketing purposes. Upon receipt of such request, Bamboo shall cease use the interviews as above.
3.4 Bamboo and/or Bamboo’s business partners may send you direct marketing communications and information about Bamboo Services, Pro Services and/or any ongoing promotions. This may take the form of emails, SMS, mail, or other forms of communication, in accordance with the applicable federal, state and city laws. You may opt-out of receiving marketing materials from Bamboo by contacting Bamboo by email at email@example.com.
3.5 Notwithstanding that you may have opted-out of receiving marketing emails, Bamboo reserves the right to send you certain communications relating to your Bamboo Account or use of the Pro Services and Bamboo Services (for example, administrative and service announcements) via email and other means. These transactional account messages may be unaffected if you opt-out from receiving marketing communications. Users, accessing the Bamboo Platform using the Applications may, with permission, receive push notifications. Similarly, Users who access the Bamboo Platform using certain desktop browsers may, with permission, receive push notifications. Notification preferences can be modified in the settings menu for the Applications or the applicable browser.
4. To whom does Bamboo disclose your Personal Information?
third-party suppliers and service providers that Bamboo engages to facilitate provision of Bamboo Services or provide Bamboo Services on Bamboo’s behalf or provide services related to operation of Bamboo Platform and/or Bamboo’s business such as web analytics, database management, payment processing, fraud detection etc. These third party suppliers and service providers may have access to your information, including Personal Information in order to perform these tasks on behalf of Bamboo;
other Users, including without limitation, when Bamboo recommends a Pro or when you are providing or availing Pro Services or when availing Bamboo Services. The information Bamboo provides to such other User will include without limitation your Personal Information such as your name, address of the Premises, email address and phone number etc.;
professional advisers and agents including insurance agents e.g. when a Customer makes a claim against Bamboo Protection Plan or in case a Pro makes a claim under the workmen’s compensation insurance obtained by Bamboo;
payment systems operators (i.e. merchants receiving card payments such as PayPal and all major credit cards);
Bamboo’s tax compliance service providers;
Bamboo’s sponsors or promoters of any competition that Bamboo conducts via Bamboo Platform, including, except where prohibited by law, allowing the sponsors to use your name, voice, likeness, or other indicia of persona in marketing associated with the promotion. Should you choose to enter a promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfilment, and as required by law or permitted by the promotion’s official rules, such as on a winner’s list;
anyone to whom Bamboo’s assets or businesses (or any part of them) are transferred. Such information, including Personal Information, may be shared or transferred in connection with a merger, acquisition, reorganization or sale of all or any part of Bamboo’s assets or in the event of bankruptcy;
other persons, including insurance companies, government agencies, regulatory bodies and law enforcement agencies, or as required, authorized or permitted by law. Bamboo will disclose such information including Personal Information about you to the government agencies, law enforcement agencies, regulatory bodies or private persons such as an insurance company, as Bamboo believes is necessary or appropriate to respond to claims and legal processes, or, at the request of third parties or government authorities conducting an investigation where Bamboo determines in Bamboo’s sole discretion that disclosure is necessary to: (i) protect the property and rights of Bamboo or a third party; (ii) the safety of public or any person; or (iii) to prevent or stop an activity Bamboo considers to be fraudulent, illegal, legally actionable or unethical.
Bamboo holds User information in either electronic or hard copy form. Bamboo takes commercially reasonable physical, administrative, personnel and technical measures to help secure the information that it collects and stores about the Users. Access to the Website and the Applications is encrypted using industry-standard transport layer security technology. Sensitive information (such as financial account details, information about your credit cards and PayPal account) during transmittal is encrypted using secure socket layer technology. Bamboo also uses HTTP strict transport security to add an additional layer of protection for Users. Notwithstanding the use of such measures, Bamboo cannot guarantee the security of your information.
6.1 Bamboo shall retain your information for as long as you are registered on the Bamboo Platform as a User. Bamboo may retain some or all of your Bamboo Account information and/or User Content even after closure of your Bamboo Account.
6.2 Even if you request Bamboo to delete all of your Bamboo Account information and/or User Content, Bamboo may, in spite of Bamboo’s best efforts, not be able to remove all of your Bamboo Account information or sanitize the User Content from the Bamboo Platform. Such information may persist on backup or archival media for an additional period for legal, tax, or regulatory reasons or for legitimate and lawful business purposes.
7. Links to other Websites
7.1 Bamboo Platform may contain links to third party websites, including online communication services, such as emails, chats, and calls that are not owned by or affiliated with Bamboo. If you choose to click on a third party link, you will be directed to that third party’s website. These other websites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you.
8. Personal Information provided to Others
9. International Transfer of Information
10. Accessing or correcting Personal Information
10.1 You may request access to or correction of any Personal Information Bamboo has about you or closes your Bamboo Account and/or request deletion of all Personal Information Bamboo has about you. Bamboo will honor your requests to the extent Bamboo can reasonably do so and as required by law, in accordance with the below paragraphs.
10.2 You can access Personal Information Bamboo holds about you by contacting Bamboo by email at firstname.lastname@example.org. If you request to access Personal Information you’ve submitted, Bamboo will respond to your request to access within 30 days or as otherwise required by law. Sometimes, Bamboo may not be able to provide you with access to all of your Personal Information and, where this is the case, Bamboo will tell you why. Bamboo may also need to verify your identity when you request your Personal Information.
10.3 You are responsible for maintaining the accuracy of the information you submit to Bamboo. If you think that any information Bamboo holds about you is inaccurate, please contact Bamboo at email@example.com and Bamboo will take reasonable steps to ensure that it is corrected.
10.4 You may request deletion of your Personal Information. If your information is deleted, then your Bamboo Account may be deactivated. If your Bamboo Account is deactivated or you ask to close your Bamboo Account, you will no longer be able to use the Bamboo Platform. Please see clause 6 , to know more about Bamboo’s information retention policy.
10.5 Your right to access, correct or ask for deletion of Personal Information, is limited e.g. we may not be able to honor your request for deletion of Personal Information that we are required by law to retain or have a legitimate interest in keeping (such as for fraud detection purposes). Bear in mind that neither you nor Bamboo can delete all copies of information that have been previously shared with others on the Bamboo Platform.
10.6 If you are located in the European Economic Area (EEA), in addition to the rights described above, you may contact Bamboo at firstname.lastname@example.org to: (i) request a restriction on the processing of your Personal Information, (ii) object to the processing of your Personal Information, or (iii) exercise other rights with respect to your Personal Information. Please note that a restriction on Bamboo’s ability to process your Personal Information etc. may limit your ability to use the Bamboo Platform.
11. Making a Complaint
If you think Bamboo has breached any relevant privacy law, or you wish to make a complaint about the way Bamboo has handled your Personal Information, you can contact Bamboo at email@example.com. Please include your name, email address and/or telephone number and clearly describe your complaint. Bamboo will acknowledge your complaint and respond to you regarding your complaint within a reasonable period. If you think that Bamboo has failed to resolve the complaint satisfactorily, Bamboo will provide you with information about the further steps you can take.
12. The EU General Data Protection Regulation
12.1 The EU General Data Protection Regulation (GDPR) applies to the Personal Information of the residents of the EEA. To the extent that the GDPR applies to Bamboo and your Personal Information, this clause applies.
12.2 Legal grounds for processing your Personal Information
The legal basis on which Bamboo processes your Personal Information for the purposes set out in clause 2 above will typically be because:you provided your consent;it is necessary for our contractual relationship;the processing is necessary for Bamboo to comply with Bamboo’s legal or regulatory obligations; and/orthe processing is in Bamboo’s legitimate interest as a platform which allows Customers to receive services (for example, to protect the security and integrity of Bamboo systems and to provide you with customer care, etc.).
12.3 Data Controller and Data Processor
You agree that you shall be the Controller of your Personal Information and Bamboo will be the Processor of such data and each party shall comply with the applicable laws relating to processing of Personal Information and data privacy to the extent applicable to such party in their respective role.
12.4 Transfer of Personal InformationBamboo’s operations are spread across the globe. As a result, Bamboo may need to transfer your Personal Information outside of the country from which it was originally provided. This may be intra-group or to third parties that Bamboo works with who may be located in jurisdictions outside the EEA, Switzerland, and the UK which have no data protection laws or laws that are less strict compared with those in Europe.Whenever Bamboo transfers Personal Information outside of the EEA, Switzerland or the UK, Bamboo takes legally required steps to make sure that appropriate safeguards are in place to protect your Personal Information.
12.5 Personal Information Retention
Bamboo retains your Personal Information for as long as your Agreement with Bamboo is in force. Bamboo may retain some or all of your Bamboo Account information and/or User Content even after closure of your Bamboo Account. Such information may persist on backup or archival media for an additional period for legal, tax, or regulatory reasons or for legitimate and lawful business purposes.
12.6 Your Rights
Data protection laws provide you with rights in respect of Personal Information that Bamboo holds about you, including the right to request a copy of the Personal Information, request that Bamboo rectify, restrict or delete your Personal Information, object to profiling and unsubscribe from marketing communications.
To exercise any of your rights, please contact Bamboo at firstname.lastname@example.org. Please note that requests to exercise data protection rights will be assessed by Bamboo on a case- by-case basis. There may be circumstances where Bamboo may not be legally required to comply with your request including because of exemptions provided for in data protection legislation.
If you have a complaint about how Bamboo handles your Personal Information, please contact Bamboo at email@example.com. If you are not happy with how Bamboo has attempted to resolve your complaint, you may contact the relevant data protection authority.
13. Contact Bamboo
The following words and expressions shall, unless the context otherwise requires, have the following meanings:
Automatic Data means certain information that is sent to Bamboo from the computer, mobile device and/or browser through which you access the Website and the Applications.
GDPR means EU General Data Protection Regulations.
Non-Personally Identifiable Information means information which does not relate to a person and/or cannot be used to identify a person.
Personal Information means information that identifies you as a specific individual and can be used to identify and contact you as needed. Examples of Personal Information include your name, home or business address, email address and phone number.
Words not defined in this clause 14 but defined elsewhere in the Agreement shall have the meaning as ascribed to them under the relevant clause.