PRIVACY POLICY AND BOOKING TERMS
BOA Nightclub
Operating Hours: 09:00 PM – 4:00 AM (daily)
Boys in Bangla Co., Ltd. and its Affiliates (collectively referred to as "Company", "we", "us", "our") recognize the importance of data privacy and the necessity of the protection of personal data. This Privacy Policy informs you how we collect, use and disclose your personal information in connection with our nightclub services, in accordance with the Personal Data Protection Act B.E. 2562 ("PDPA").
Please read this policy thoroughly to understand how your personal data shall be collected, processed, used and disclosed, as well as your rights as the data subject. By accepting this policy and/or by entering BOA premises, you agree and consent to us, including our agents, collecting, processing, using, and disclosing your Personal Information as set forth in this policy.
1. Interpretation and Definitions
1.1 Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear singular or plural.
1.2 Definitions
For the purposes of this Privacy Policy:
- "You" means the individual accessing or using the Service, the venue, or the company, or other legal entity on behalf of which such individual is accessing or using the Service. As BOA is an adult entertainment venue, access is strictly restricted to persons aged twenty (20) years or older, in accordance with Thai law. Valid government-issued photo identification is required at the door.
- "Account" means a unique account, reservation, or membership profile created for you to access our Service or parts of our Service.
- "Affiliate" means an entity that controls, is controlled by, or is under common control with a party, whereas "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- "Device" means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
- "Cookies" means small files that are placed on your computer, mobile device, or any other device by a website, containing the details of your browsing history on that website among many other uses.
- "Personal Data" means any information that relates to a person, which enables the identification of such person, whether directly or indirectly, but not including the information of a deceased person.
- "Service" means the services that the Company provides to you, including but not limited to nightclub access, table reservations, VIP services, events, promotions, and the Website.
- "Service Provider" means any natural or legal person who processes the data on behalf of the Company. This refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.
- "Venue" means the physical premises of BOA nightclub.
- "Website" means the official website of Boys in Bangla Co., Ltd., accessible from https://www.boaclubphuket.com/
2. Collecting and Using Your Personal Data
While using our Service or visiting our Venue, the Company will ask you to provide certain personal information that can be used to contact or identify you. The Personal Data is collected when using the Service and accepting this Policy. Personally identifiable information may include, but is not limited to:
- Personal details such as first name and last name, date of birth, age, nationality, and government-issued ID information collected at the door for age verification purposes.
- Contact details such as email address, Facebook, WhatsApp, Instagram, LINE, phone number, address, state, province, ZIP/postal code, and city.
- Financial details and information about your relationship with the Company, for example, credit card/debit card information, account transactional history, table or VIP bookings, products and/or services you use, and information about your transactions.
- Geographic information and device information such as your device's Internet Protocol address (IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data including the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, and other diagnostic data.
- CCTV and venue footage: For the safety and security of all our guests and staff, BOA premises are continuously monitored by CCTV cameras during operating hours. Your image will be captured upon entering and while inside the Venue. Footage is processed under the legal basis of legitimate interest (security, crime prevention, and dispute resolution).
- Photography and video content: Photographs and video recordings are routinely taken at the Venue during operating hours and during special events for promotional, marketing, and social media purposes. By entering the Venue, you acknowledge and consent to the possibility of being captured in such content. If you do not wish to appear in any photograph or video, you must inform our staff or the photographer/videographer at the time of capture, and we will use reasonable efforts to honor your request or to remove your image from any subsequent publication upon written request.
3. Tracking Technologies and Cookies
3.1 We use cookies and similar tracking technologies to track activity on our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
3.2 A cookie is a small file placed on your Device. You can instruct your browser to refuse all cookies or indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Service. Unless you have adjusted your browser setting so that it will refuse cookies, our Service may use Cookies.
3.3 Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
3.4 Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser.
3.5 We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies
- Type: Session Cookies
- Administered by: The Company
3.6 These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.
4. Cookies Policy / Notice Acceptance Cookies
- Type: Persistent Cookies
- Administered by: The Company
- Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
- Type: Persistent Cookies
- Administered by: The Company
- Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
5. Purposes and Use of Your Personal Data
The Company shall collect, process, use and disclose your Personal Data from the use or access to the Service based on the following purposes in compliance with the PDPA:
5.1 To provide and maintain our Service, including monitoring the usage of our Service, managing entry to the Venue, table reservations, VIP services, and event bookings.
5.2 To verify your age and identity before granting entry to the Venue. BOA enforces a strict minimum age of twenty (20) years, in accordance with Thai law applicable to nightclubs and entertainment venues. Valid government-issued photo identification (passport, national ID, or driver's license) must be presented at the door, and information from such identification may be recorded.
5.3 To manage your account or membership: to manage your registration as a user of the Service or as a member/VIP guest. The Personal Data you provide can give you access to different functionalities of the Service available to you as a registered user or member.
5.4 For the performance of a contract: the development, compliance, and undertaking of any reservation, purchase, booking, or other contract you have entered into with us through the Service or at the Venue.
5.5 To contact you: To contact you by email, telephone calls, SMS, WhatsApp, LINE, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates, reservation confirmations, or informative communications related to the functionalities, products, or contracted services, including security updates, when necessary or reasonable for their implementation.
5.6 To provide you with news, special offers, event announcements, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about, unless you have opted not to receive such information.
5.7 To manage your requests: To attend to and manage your requests addressed to us.
5.8 For security purposes: To monitor the Venue via CCTV, prevent fraud, ensure the safety of guests and staff, and cooperate with law enforcement when required.
5.9 For marketing and promotional purposes: Photographs and video recordings taken at the Venue may be used in marketing materials, social media accounts, and the Website. If you do not wish to be featured, please notify our staff.
5.10 For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our service users is among the assets transferred.
5.11 For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Service, products, services, marketing, and your experience.
5.12 We may disclose your personal information in the following situations:
- We may share or disclose your personal information with Service Providers to monitor and analyze the use of our Service, to contact you, or to provide payment processing, reservation, or marketing services.
- We may disclose or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- We may disclose your personal information with our Affiliates, in which case we will require those Affiliates to honor this Privacy Policy.
- We may disclose your information with our business partners to offer you certain products, services, or promotions.
- When you provide your personal information or otherwise interact in public areas with other users (e.g., social media tags, public reviews), such information may be viewed by all users and may be publicly distributed outside.
6. Retention of Your Personal Data
6.1 The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy and once you have ended the relationship with us. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies and for the purposes specified by the PDPA.
6.2 The Company will also retain geographic information and information about your device for internal analysis purposes. Geographic information and information about your device are generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
6.3 CCTV footage is retained for a limited period of time required for security and legal purposes, after which it is automatically overwritten or deleted, except where it is required to be retained as evidence of an incident or by law enforcement.
6.4 The period the Company keeps your personal data will be linked to the prescription period or the period under the relevant laws and regulations (e.g., under anti-money laundering laws which stipulate that data should be maintained for no longer than 10 years after the account is closed or terminated). We may delete, destroy, or anonymize the Personal Data once it is no longer necessary or once such retention period required by law has ended.
7. Transfer of Your Personal Data
7.1 Your Personal Data is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. This means that this information may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
7.2 The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.
8. Delete Your Personal Data
8.1 You have the right to delete or request that we assist in deleting the Personal Data that we have collected about you.
8.2 Our Service may give you the ability to delete certain information about you from within the Service.
8.3 You may update, amend, or delete your information at any time by signing in to your Account, if you have one, and visiting the account settings section that allows you to manage your personal information. You may also contact us to request access to, correct, or delete any personal information that you have provided to us.
8.4 You agree that we may need to retain certain information when we have a legal obligation or lawful basis to do so.
By accessing BOA nightclub, all guests agree to comply with the above terms and conditions related to admission, age verification, and check-in procedures. These measures are in place to ensure the safety and well-being of all visitors to our establishment.
9. Disclosure of Your Personal Data by Legal Requirements
In addition to clause 5.12, the Company shall disclose Personal Information as follows:
9.1 Business Transactions
If the Company is involved in a merger, acquisition, or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
9.2 Law Enforcement
Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court, the Royal Thai Police, or a government agency).
9.3 Other Legal Requirements
The Company may disclose your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of users of the Service or the public
- Protect against legal liability
9.4 Security of Your Personal Data
We implement robust security measures to protect your personal data and continuously enhance our practices in line with industry standards.
10. Links to Other Websites
Our Service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third-party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
11. Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
12. Booking, Payment, Cancellation, Guarantee and Tax Terms
12.1 These terms apply to reservations, table bookings, VIP services, event bookings, and any other paid services made through the Website, by electronic communication, or directly with the Company.
12.2 Refund Policy: Unless expressly stated otherwise in writing by the Company, all reservations and bookings require full payment and are non-refundable. No modifications, date changes, name changes, area changes, or other amendments are allowed after the booking has been confirmed.
12.3 Booking Cancellation Policy: Reservations are non-cancellable. In the event of cancellation, no-show, late arrival, failure to meet admission requirements, or failure to comply with venue rules, the full payment will be forfeited.
12.4 Guarantee Policy: All reservations must be guaranteed with one of the following accepted payment cards: American Express, UnionPay, JCB, MasterCard, or Visa. The Company may refuse or cancel a reservation if a valid payment guarantee is not provided.
12.5 Tax Information: Unless expressly stated otherwise, prices shown exclude applicable taxes, service charges, payment processing fees, and any additional fees. Any applicable taxes and fees will be displayed or communicated before payment where required.
12.6 The Company reserves the right to refuse admission or service where required by law, licensing conditions, safety requirements, age restrictions, or venue rules. Refusal of admission for such reasons does not entitle the guest to a refund unless otherwise required by applicable law.
13. Contact Us
If you have any questions, suggestions, or complaints about this Privacy Policy, the Booking Terms, or their implementation, including any issues encountered with the Service, we are here to help. We welcome inquiries and suggestions and take all data protection complaints seriously. We will carefully review your complaint and respond within a reasonable timeframe. Should there be any delays due to unforeseen circumstances, we will provide regular updates.
To facilitate our response, we may request additional information to verify your identity or clarify the issue. You can contact us:
Boys in Bangla Co., Ltd.
- Website: https://www.boaclubphuket.com/
- Email: info@boaphuket.com
- Address: 9/1 Bangla Rd, Pa Tong, Kathu District, Phuket 83150, Thailand
- Tax ID: 0835568001378
- Telephone: +66 (0)62-229-9830