1. Who we are
BooYaa Brands LLC ("BooYaa", "we", "us", "our") is a Texas limited liability company at 3841 Ranch Rd 620 S, Austin, TX 78738. We are a wholesaler of premium golf and lifestyle apparel. We sell to trade customers, which means retailers, pro shops, corporate gifting businesses and other resellers.
This notice explains what personal information we collect through our dealer onboarding and credit application at onboarding.booyaagolf.com, why we collect it, who we share it with, how long we keep it and what you can ask us to do about it.
2. Who this notice is for
This notice is for the individuals whose information reaches us through our dealer onboarding process. That includes:
- the owners, principals, buyers and accounts staff of a business applying for a BooYaa dealer account;
- any individual who agrees to act as a personal guarantor for a dealer's credit account; and
- the contact people at the trade references and bank a dealer gives us.
We do not sell to consumers through this site. Our dealer onboarding form is for businesses. If you are a member of the public shopping for BooYaa product, this notice does not apply to you, and you should look at the privacy notice on the site you are shopping on.
3. What we collect
We collect only what we need to open and run a trade account. We collect it directly from you when you fill in the onboarding form, and from the sources in section 4.
3.1 About the business
Legal business name, trading or DBA name, nature of business, entity type, state of formation, Federal Tax ID (EIN), year established, sales tax permit or resale certificate number, business address, billing address, shipping address, city, state, ZIP code and website.
3.2 About the people at the business
Owner or principal name, buyer or orders contact name, buyer cell number, orders email address, accounts payable contact name, accounts payable email address and accounts payable phone number. The name and job title of the person who signs the application.
3.3 About the account you want
Account type, requested start date, how you heard about us, the name of the BooYaa rep who sent you the link, and whether you opted in to marketing messages.
3.4 If you apply for a Net-30 credit account, we also collect
- Credit limit requested, expected monthly spend, and your annual gross revenue band for the last fiscal year.
- Trade references: for each reference, the company name and the contact person's name, telephone number and email address.
- Bank reference: bank name, account holder name, ABA routing number, the last four digits of the account number only, account type and a bank contact phone number. We do not ask for, and you should not give us, a full bank account number on this form.
- Confirmation that you gave us the credit authorization.
3.5 If you apply for a Net-30 credit account, we collect this about the guarantor
- The guarantor's full name, home address and personal email address.
- Confirmation from the person completing the form that the guarantor has agreed to act as guarantor.
- Later, when the guarantor signs the Personal Guaranty electronically, our e-signature provider records the guarantor's signature, the date and time of signing, the IP address used, and the authentication method, in a certificate of completion.
We collect the guarantor's home address because a personal guaranty is a personal legal commitment. We need to be able to identify the guarantor and to serve notices on them. We do not need, and we do not ask for, the guarantor's Social Security Number or date of birth.
3.6 Technical and record-keeping information
When you submit the form we record the date and time we received it, the IP address the submission came from, the browser and device type, and the version of the terms and this notice that were on the page when you submitted. We keep this so we can show what was agreed, and when, and by whom.
We also use a small anti-spam field on the form. It does not collect information about you.
3.7 What we never ask for on this form
We do not ask for, and you should never enter, a Social Security Number, a date of birth, a driver's license number, a passport number, a full bank account number, a credit or debit card number, a login or password, or any information about health, race, ethnicity, religion, immigration status, sexual orientation, union membership or political views. If you enter any of that information anyway, we will delete it.
4. Where else we get information
- From your BooYaa sales representative, who may have taken your details before sending you the form link.
- From commercial credit reporting agencies and trade credit exchanges, which give us reports about the creditworthiness and payment record of your business.
- From the trade references and the bank you name, when we contact them.
- From public sources, such as state Secretary of State business registries, sales tax permit lookups, your own website and social media, and public court and lien records.
We do not obtain consumer credit reports on any individual as part of the dealer application. If we ever want to obtain a consumer credit report on a guarantor, we will ask that guarantor personally for a separate written authorization first, and we will tell them what it is for.
5. Why we use it
| Purpose | What we use it for |
|---|---|
| Assessing your application | Verifying that your business exists, is registered, and is what it says it is. Checking your references and bank reference. Obtaining commercial credit reports. Deciding whether to open an account and on what terms. |
| Setting up your account | Creating your account in our order and inventory systems, setting your credit limit, and setting up your ship-to and bill-to details. |
| Tax compliance | Recording your EIN and resale or exemption certificate so we charge sales tax correctly, and keeping the records tax authorities require. |
| Taking and fulfilling orders | Processing orders, arranging shipping, invoicing and handling returns and claims. |
| Getting paid | Sending invoices and statements, allocating payments, chasing overdue balances, and if necessary enforcing our rights, including under a personal guaranty. |
| The personal guaranty | Preparing the Personal Guaranty, sending it to the guarantor for electronic signature, verifying who signed, and enforcing it if we have to. |
| Ongoing credit management | Reviewing your credit limit, monitoring your payment behaviour, and reporting your payment record to commercial credit agencies and trade credit exchanges. |
| Service messages | Order confirmations, shipping notices, invoices, statements, product recalls and account notices. We send these because you have an account with us, not for marketing. |
| Marketing, only if you opted in | Product news, drop announcements and trade offers by email and text message. |
| Legal and compliance | Meeting our legal obligations, screening against sanctions and restricted party lists, responding to lawful requests, keeping the records the Equal Credit Opportunity Act and other laws require, and establishing, exercising or defending legal claims. |
| Running and improving the business | Keeping records, resolving disputes, preventing fraud and abuse, securing our systems, and internal analysis and reporting. |
6. Who we share it with
We share personal information only where we need to. We do not sell it.
| Who | What they get and why |
|---|---|
| Commercial credit reporting agencies and trade credit exchanges | Business identity and payment history, so we can obtain reports and so your good payment record is recorded. |
| Your trade references and your bank | We contact them and tell them we are checking a credit application from you. |
| Our e-signature provider | Guarantor name, email, home address, business name and credit limit, so the Personal Guaranty can be sent, signed and stored. Currently DocuSign. |
| Our payment and banking providers | Bank reference details and payment information, to verify banking and process payments. |
| Our email delivery provider | Contact details and the content of the emails we send. Currently Resend. |
| Our website hosting and form provider | The submission itself, because the form runs on their platform. Currently Netlify. |
| Our business software providers | Your account, order and credit information, because it lives in our order, inventory and accounting systems, and in cloud file and spreadsheet storage. |
| Our freight and delivery partners | Ship-to name, address and phone number, so goods can be delivered. |
| Our professional advisers | Lawyers, accountants, auditors and insurers, where they need it to advise us. |
| Collection agencies and lawyers | Account and guarantor information, if a balance goes unpaid and we have to collect it. |
| Government and regulators | Where the law requires it, including tax authorities, or in response to a subpoena, court order or lawful request. |
| A buyer of our business | If we sell or reorganise all or part of our business or brand, the information may transfer as part of that transaction, subject to this notice. |
We do not sell personal information, and we do not share it for cross-context behavioural advertising or targeted advertising.
Some of our service providers are outside the United States, or store data outside the United States. Where that happens we require them by contract to protect the information to the standard in this notice.
7. How long we keep it
| Record | How long we keep it | Why |
|---|---|---|
| Credit applications, including declined and withdrawn applications | At least 25 months from the date we notify our decision | The Equal Credit Opportunity Act and Regulation B require credit application records to be retained. We apply 25 months to every application. |
| Adverse action records, including the reasons for a decline | At least 25 months | Same reason. |
| Dealer account records, orders, invoices and payments | 7 years after the account closes | Tax, accounting and audit requirements. |
| Personal Guaranty, and the certificate of completion | For as long as the guaranty is in force, and then at least 5 years after the last guaranteed balance is paid or the guaranty ends | So we can prove and if necessary enforce it. |
| Resale and exemption certificates | For as long as they are current, and then 7 years | Sales tax audit defence. |
| Trade and bank reference details | With the credit file, for the retention period of the application or the account | So we can show what we checked. |
| Marketing consent and opt-out records | 5 years after the consent is withdrawn | To prove we had consent and honoured the opt-out. Text messaging law requires this. |
| Submission logs, including IP address and terms version | 3 years | To prove what was agreed and when, and for security. |
We may keep information for longer where we need it for an actual or threatened legal claim, an audit, or a legal hold. When we no longer need information we delete it or make it unidentifiable.
8. How we protect it
We use reasonable administrative, technical and physical safeguards, including encryption of the form in transit, access controls so only staff who need the information can see it, secrets held in a managed environment rather than in code, and vendor due diligence.
Two things we ask of you. First, do not send us sensitive information we did not ask for, especially not by email. Second, if you think someone has gained access to your BooYaa account, tell us immediately at the contact in section 12.
No system is perfectly secure. We cannot guarantee that information sent to us over the internet is completely safe, although we work hard to protect it.
9. If you are a guarantor
We want to be straightforward with you, because your information is more personal than anything else on the form.
- Someone at the dealer business gave us your name, home address and email, and confirmed that you had agreed to act as guarantor. If that is not right, contact us immediately at the address in section 12 and we will stop and delete your details.
- A tickbox on the dealer's application form does not make you liable for anything. You only become liable if you personally read and sign the Personal Guaranty we send you.
- We use your home address to identify you and to send you legal notices, and we use your email to send you the Guaranty and any notices afterwards.
- We do not obtain a consumer credit report about you as part of the dealer's application, and we do not ask for your Social Security Number or date of birth. If we ever want a consumer credit report, we will ask you separately, in writing, on a page you can decline.
- You can ask us for a copy of what we hold about you, and you can ask us to correct it, using section 12.
10. Marketing, email and text messages
Service messages. We will always send you the messages we need to send to run your account, such as order confirmations, invoices, statements, recall notices and account notices. You cannot opt out of these while you have an account, although you can change who receives them.
Marketing. We send marketing email and text messages only to contacts who have opted in. Our onboarding form has an optional, unticked marketing box. Consent to marketing is never a condition of opening an account or of any purchase.
How to stop marketing. Reply STOP to any text message. Click the unsubscribe link in any marketing email. Or email us at the address in section 12. We honour text message opt-outs within 10 business days at the latest, and usually immediately. Message and data rates may apply to text messages.
We do not use your information to build advertising profiles, and we do not share it with advertising networks for that purpose.
11. Your choices and requests
Whatever state you are in, and as a matter of BooYaa policy, you may ask us to:
- tell you what personal information we hold about you, where we got it, what we use it for and who we share it with;
- give you a copy of it;
- correct it if it is wrong or out of date;
- delete it, where we do not need to keep it for a legal, tax, credit-record, contractual or claims reason. We will tell you if we cannot delete something and why; and
- stop sending you marketing.
We will not treat you differently, refuse you an account, charge you more or give you a lower level of service because you made a request.
How to make a request. Use the contact route in section 12. Tell us what you want and enough information for us to find your record, such as the business name on the account. We will respond within 45 days, and will tell you if we need more time. We will take reasonable steps to verify who you are before we act, because we do not want to give your information to the wrong person. We may ask you to confirm details we already hold. We will not ask you for a Social Security Number to verify a request.
Authorized agents. You can ask someone to make a request on your behalf. We will ask for written proof that you authorized them, and we may ask you to confirm it directly.
Appeals. If we refuse a request, you may ask us to reconsider by replying to our decision. We will respond within 60 days and, if we still refuse, we will tell you how to complain to your state Attorney General.
12. How to contact us
Email: accounts@booyaaglobal.com
Post: Privacy, BooYaa Brands LLC, 3841 Ranch Rd 620 S, Austin, TX 78738, USA
Phone: +1 (512) 203-2450
13. Children
Our site and our products are sold to businesses. We do not knowingly collect personal information from anyone under 18, and our onboarding form is not directed at children. If you believe a child has given us information, contact us and we will delete it.
14. Changes to this notice
We may update this notice. We will change the effective date at the top and, if the change is significant, we will tell the contacts on affected accounts by email. The version that applied when you submitted your application is the version we recorded against your submission, and we can tell you which one that was.