Privacy Policy
This Privacy Policy governs the manner in which AF Export Equipment d.b.a BOOMEQUIPMENT., a Florida corporation (“BOOMEQUIPMENT”) collects, uses, maintains and discloses information collected from users (each, a “User”) of the boomequipment.com website (the “Site”). By accessing or using the Site, you acknowledge that you have read, understood and accept the terms of this Privacy Policy.
Information You Voluntarily Provide BOOMEQUIPMENT
You may use the Site anonymously without providing BOOMEQUIPMENT with any information about yourself.
BOOMEQUIPMENT only collects personally identifiable information that you voluntarily provide, such as: (i) when you request BOOMEQUIPMENT to contact you by providing your name, email address and phone number through the “Contact Us” tab on the Site, (ii) when you provide your name, email address and phone number through the “Request a Quote” tab on the Site, or (iii)in connection with other activities, services, features or resources BOOMEQUIPMENT makes available on the Site from time to time. Users may decline to supply personally identifiable information, however this may prevent them from engaging in certain Site related activities or utilizing certain resources on the Site.
Other Information BOOMEQUIPMENT Collects
When you visit the Site, BOOMEQUIPMENT may collect some information about your visit using cookies (see below), log analysis software and other aggregate tracking technologies. This would include information relating to how you use the Site, including whether you visit certain areas of the Site or whether you click through to a certain page, and may also include technical information including the browser name, the type of computer and other information about the User’s means of connecting to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Use of Cookies
The Site may use “cookies” to enhance User experience. A User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. You may modify your browser settings to control the collection of cookies. However, if you refuse to accept cookies, if the Site utilizes cookies in the future, you may not be able to access some pages or use some of the functions of the Site. Some cookie files remain on your computer’s hard drive unless and until you manually delete the file.
How BOOMEQUIPMENT Uses the Information it Collects
BOOMEQUIPMENT will not sell, exchange or otherwise distribute your personally identifiable information without your consent, except to the extent required by law, in accordance with your instructions, or as identified in this Privacy Policy.
BOOMEQUIPMENT may use your information, including personally identifiable information, for business purposes including, without limitation, the following:
- To improve the quality of your Site visit and to personalize your Site visit.
- To send marketing communications, emails, newsletters, and other information that you have requested, opted-in to or otherwise agreed to receive.
Also, BOOMEQUIPMENT may use your information, including personally identifiable information, as follows:
- BOOMEQUIPMENT may contract with other companies and individuals to perform functions or services on its behalf, such as hosting and maintaining the Site, payment processing, database storage and management, sending email messages and informational newsletters and administering surveys. These service providers may have access to your personally identifiable information, such as your email address, needed to perform their functions, but are restricted from using it for purposes other than providing services for BOOMEQUIPMENT.
- BOOMEQUIPMENT has the right to disclose any information about you, including personally identifiable information, or your use of the Site, without your prior permission if BOOMEQUIPMENT has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of BOOMEQUIPMENT or its members, managers, employees, agents, other users of the Site, or the public; (b) enforce the Terms of Use for the Site; or (c) respond to claims that any content violates the rights of third parties or is otherwise unlawful. BOOMEQUIPMENT may also disclose information, including your personally identifiable information, as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
- BOOMEQUIPMENT may share any information you submit to BOOMEQUIPMENT when BOOMEQUIPMENT has your consent to do so, or when BOOMEQUIPMENT needs to share the information in order to provide the information or service you requested.
- BOOMEQUIPMENT may use your information to monitor how visitors are using our site.
- BOOMEQUIPMENT may use your information to contact you regarding a promotion or survey.
- BOOMEQUIPMENT may use your information to uncover and diagnose problems with the Site and servers and for day-to-day system administration needs.
Business Transfer
We may share information from or about you with sites that are owned by BOOMEQUIPMENT or its parent companies, subsidiaries or affiliated companies, in which case we will require them to honor this Privacy Policy. In the event BOOMEQUIPMENT goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your information will be among the assets transferred. You agree to any transfer of your information in connection with any such business transition without BOOMEQUIPMENT shaving to obtain your consent.
Security
The information you voluntarily provide BOOMEQUIPMENT through use of this Site will be stored on a server located at the offices of an BOOMEQUIPMENT service provider [Please confirm this is true]. BOOMEQUIPMENT follows generally accepted industry standards to protect your personally identifiable information, both during transmission and once BOOMEQUIPMENT receives it, including the use of firewalls and other Internet security measures. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and BOOMEQUIPMENT cannot guarantee its absolute security. Accordingly, BOOMEQUIPMENT expressly disclaims any such obligation.
Third Party Websites
Users may find advertising or other content on the Site that link to the sites and services of BOOMEQUIPMENT partners, suppliers and other third parties. BOOMEQUIPMENT does not control the content or links that appear on these sites and is not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website’s own terms and policies.
Notice to EU Residents
If BOOMEQUIPMENT receives information from a resident of the European Union (“EU”), BOOMEQUIPMENT will comply with the requirements of the General Data Protection Regulation (“GDPR”). The GDPR provides EU residents with certain rights related to the personal information they have provided to BOOMEQUIPMENT or BOOMEQUIPMENT has collected through their use of the Site. Specifically, EU residents should be aware of the following:
- BOOMEQUIPMENT will not use your data in connection with any automated decision-making process or for any profiling purpose.
- You have the right to request a copy of the personal information BOOMEQUIPMENT holds about you.
- You have the right to request that we correct or update your personal information if it is incorrect.
- You have the right to request that BOOMEQUIPMENT delete your personal information, if any, from BOOMEQUIPMENT
- You have the right to opt out of certain uses of your personal information, including use of that information for direct marketing purposes.
Residents of the EU should make any of the requests described above to admin@boomequipment.com.
Changes to This Privacy Policy
BOOMEQUIPMENT may update this Privacy Policy at any time in its sole discretion. When BOOMEQUIPMENT s does update this Privacy Policy, BOOMEQUIPMENT will revise the updated date in the first paragraph of this Privacy Policy and all changes will be effective immediately. BOOMEQUIPMENT encourages Users to frequently check this Privacy Policy for any changes and you acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
Your Acceptance of These Terms
By using the Site, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Site. Your continued use of the Site following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.
Contacting Us
If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at: admin@boomequipment.com
Terms of Use
Please carefully review these Terms of Use before using this website. These Terms of Use govern the relationship between you and AF Export Equipment LLC d.b.a. BOOMEQUIPMENT. (“Company“) and constitute a legally binding agreement between you and Company. By accessing or using the Company website (the “Website”), you acknowledge that you have read, understood and accept these Terms of Use. These Terms of Use are effective as of June 2021.
Privacy Policy.
Please review Company’s privacy policies for information on Company’s privacy practices with respect to the Website. You represent and warrant to Company that you have read Company’s privacy policies, and you agree to abide by the obligations imposed on you by the policy. In addition, you agree to Company’s use of the personal information you supply or communicate to Company in connection with your use of the Company website as and to the extent set forth in the privacy policy.
Your Access to the Website; Eligibility.
You agree that your use of Company website shall at all times be in compliance with these Terms of Use and all applicable laws. Company retains the right to deny service, or access to the Website, to any person or entity or an account, at any time and for any reason in its sole discretion. In addition, Company reserves the right to take any action it deems necessary in its sole discretion with respect to any aspect of the Website to: (i) satisfy any applicable law, rule, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including without limitation, investigating any potential violations of these Terms of Use; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to support or other requests from subscribers, if applicable; or (v) protect the rights, property or safety of Company, its subscribers and the public.
Your Conduct.
Your use of the Website and all account activity must be in compliance with these Terms of Use and all applicable laws and regulations. Company shall determine in its sole discretion whether you have acted in violation of the Terms of Use. If Company determines that you have violated these Terms of Use, then Company may in its sole discretion (i) permanently bar, temporarily suspend or otherwise limit or deny in any way your use of the Website, (ii) pursue any other corrective remedies Company deems appropriate, or (iii) pursue any other remedies available to Company under the law.
Communications with Company. By sending Company any ideas, comments, suggestions, questions or other material (“Unsolicited Ideas“), you agree Company (i) has no obligations with respect to the Unsolicited Ideas, including without limitation, any obligation to keep, protect the confidentiality of or maintain or protect in any other way; and (ii) will own all Unsolicited Ideas it receives from you and it may use the Unsolicited Ideas in any way it desires, including without limitation, disclosing or redistributing the Unsolicited Ideas to third parties, all without restriction and without any obligation to acknowledge or compensate you.
You agree that no comments or other information submitted by you to Company will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). You agree that no comments or other information submitted by you to Company will be libelous, obscene, harassing, abusive or otherwise unlawful. You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to Company.
Intellectual Property.
The Website and all of the Website content is owned by Company and is protected by U.S. and international copyright laws. Copyright 2021 BOOMEQUIPMENT. All rights reserved. All elements comprising the Website, including without limitation, the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Company or its licensors, and are protected by U.S. and international copyright laws. All software used in this site is the property of Company or its licensors, and such software is also protected by U.S. and international copyright laws.
Disclaimer of Warranty.
THE WEBSITE, THE WEBSITE CONTENT AND ANY SERVICES AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS USES AND ANY SERVICES OFFERED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability.
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE AND/OR ANY CONTENT, MATERIALS OR SERVICES AVAILABLE AT THE WEBSITE.
Third Parties.
The Website may include links to other third-party websites, services or resources (each, a “Third-Party Service“). Your use of Third-Party Services is at your own risk. Company makes no representations whatsoever about any third-party websites that you may access through the Website, and the fact that we have linked to another site should not be construed as an endorsement of that site or its proprietor. Company is not responsible for the privacy practices, terms and conditions or content of such websites, or the services provided by such third parties. Company prohibits (i) the framing of any materials available through this site, and (ii) “deep linking” to pages of the site other than the home page. Company reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to this site.
Indemnity.
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees and agents, (collectively, “Company Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any (i) violation of these Terms of Use, (ii) activity related to your account with Company (including negligent or wrongful conduct), or (iii) your access to or use of the Website.
Applicable Law.
Your use of the site shall be governed by the laws of the State of Florida without regard to its choice of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Osceola County, Florida with respect to any legal proceedings arising out of these Terms of Use, the Company privacy policy, or your use of the Website.
Changes to the Website and Website Content.
Company reserves the right to make additions, deletions or modifications to the Website and the Website content at any time without prior notice to you. Company is under no obligation to update any Website content, even if Company knows that the Website content includes outdated information or information that is based on outdated law.
Miscellaneous.
Company reserves the right to change, alter or modify these Terms of Use or the privacy policy for any reason at any time. When we do so, changes in these Terms of Use will be posted on the Website and will be effective immediately. If you are a regular visitor to the Website, we recommend that you check these Terms of Use on a regular basis.
These Terms of Use contain the entire agreement between you and Company regarding the Company website and the Website content and supersede any prior agreement between you and Company relating to its subject matter.
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
You may not assign or transfer in any way any of your rights or obligations under these Terms of Use without Company’s prior written consent. Company may assign or transfer in any way its rights and obligations under these Terms of Use without restriction.
Any failure by you or Company to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If Company takes any action to enforce these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and the costs of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Company reserves all rights not expressly granted to you under these Terms of Use.
Contact.
If you have any questions about these Terms of Use, please feel free to contact us at admin@boomequipment.com.