Terms of Use

TERMS OF USE
PRIVACY POLICY

 

Last Updated 6/12/19 (v3.0)

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TERMS OF USE

 

This network is provided by SmartEquip, Inc. and its affiliates (collectively, "SmartEquip", "we", "us" or "our"). By accessing or using the SmartEquip network operated by or for us (individually and collectively, "our network(s)"), you, a user of our network and/or our customer (individually and collectively, "you" or "your") are indicating that you acknowledge and accept these Terms of Use. These Terms of Use are subject to change by SmartEquip at any time at our discretion. Your use of our network after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Review these Terms of Use regularly for changes before using or accessing our network.

 

Content and Intellectual Property
For purposes of these Terms of Use, "Content" includes text, lists, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software and other information.

Content available on our network is proprietary information protected by copyright or trademark or otherwise unless expressly noted, and may not be used except as provided in these Terms of Use or with the prior written consent of SmartEquip. No license is granted to use any such proprietary information, whether by implication, estoppel or otherwise.

 

Third Party Trademarks
Trademarks displayed on our network not owned by SmartEquip are the property of their respective owners, who may or may not be affiliated with SmartEquip. Nothing contained on our network should be construed as granting any license or right to use any third party trademarks without the express written consent of such third party that may own the trademarks. Your use of the trademarks, or any other Content on our network is strictly prohibited, except as expressly provided in these Terms of Use.

 

Linked Sites
Our network may link to or be linked from other websites that are not maintained by, or related to, SmartEquip. SmartEquip does not endorse, and is not responsible for, the content of any third-party websites.

 

Restrictions on Use
Content on our network is the property of SmartEquip and/or third-party licensors and is protected by U.S. and international copyright laws. For purposes of these Terms of Use, any use or alteration of Content not expressly authorized by SmartEquip in writing is a violation of SmartEquip’s intellectual property rights.

Content may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted for commercial use or general distribution or in any other way without SmartEquip’s prior written consent, provided that:
Pages from our network may be downloaded, printed, and used by you for your own internal purposes and are not for resale.
Any downloaded, printed, reproduced or copied pages from our network must not be altered from the original Content as it appears on our network and must include the applicable copyright notice.

 

Prohibited Uses
In using or accessing our network, you shall at all times comply with our requirements regarding prohibited uses of our network set forth below; these prohibited uses may be revised, by us, from time-to-time. From time to time, we will provide you with electronic notice, either by e-mail or Web posting on our network, of the revision or update of prohibited uses. Your continued use of our network after such posting or notice shall constitute your acceptance of the revision or update. Prohibited uses include the following:

  • posting or transmitting materials, e-mail or information of any kind that is or may be unlawful, harassing, threatening or abusive, defamatory, libelous, slanderous or scandalous, obscene, pornographic, profane or otherwise objectionable;
  • posting or transmitting materials, e-mail or information that may constitute an infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others;
  • posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation, the U.S. export control laws and regulations;
  • posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act;
  • attempting to 'hack' root or user logins on another system, machine, or network;
  • attempting to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any SmartEquip server;
  • framing or utilizing framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout);
  • including any inappropriate third party advertising;
  • using our network to commit fraud or engage in other misleading or deceptive activities;
  • monitoring, gathering or copying any Content by using any robot, "bot," spider, crawler, spyware, engine, device, software, extraction tool or any other non-human or automatic device, utility or manual process of any kind;
  • engaging in any activities through or in connection with our network that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party;
  • attempting to circumvent the security systems of our network;
  • attempting to use our network for any purposes other than those intended by SmartEquip, as determined by SmartEquip in its sole discretion;
  • uploading or submitting any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment; and
  • engaging in any activity that interferes with a user’s access to our network or the proper operation of our network or impersonating any person or entity.

Content and functionality of our network may be updated or changed at any time without prior notice. In addition, if SmartEquip becomes aware that you are copying, modifying or distributing Content outside of any permitted use, SmartEquip reserves the right to revoke your access to or use of our network.

In addition to any other remedy that SmartEquip may have at law or in equity, the termination of access to and permission for use of our network, and the immediate removal of any offending material, we will investigate, to the full extent of the law, incidents where we believe there are or have been prohibited uses of our network. We will fully cooperate with law enforcement organizations and regulating bodies to provide requested information with regard to such investigations.

If you wish to use Content on our network other than for your own informational, non-commercial purposes, you must first secure written consent in order to use such Content, send a request with your proposed use to the email below or call the number below.

 

Disclaimer
SmartEquip cannot guarantee that our network or its content are error-free. SmartEquip makes no representations about the technical accuracy or functionality of our network or that Content is accurate, error-free or up to date.

OUR NETWORK IS PROVIDED BY SMARTEQUIP ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMARTEQUIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR NETWORK IS AT YOUR SOLE RISK. SMARTEQUIP DOES NOT WARRANT THAT THE INFORMATION IN OUR NETWORK IS ACCURATE, RELIABLE, UP-TO-DATE OR CORRECT, THAT OUR NETWORK WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT OUR NETWORK IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SMARTEQUIP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SMARTEQUIP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR NETWORK OR ITS CONTENT. SMARTEQUIP MAKES NO WARRANTIES THAT YOUR USE OF CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 

Limitation of Liability
Neither SmartEquip, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering our network is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, our network or the operation of our network or failure of our network to operate. In no event shall SmartEquip be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if SmartEquip has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from our network. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms of Use and your access to or use of our network; you acknowledge that SmartEquip would not grant you access to our network without your agreement to this term.

 

International Use
SmartEquip makes no representation that Content is appropriate or available for use in locations outside the U.S., the U.K. or Europe. Access to our network is prohibited from countries or territories where such access is illegal or restricted. Anyone who chooses to access our network outside these countries is solely responsible for compliance with local laws. You are solely responsible for compliance with all applicable export control laws and regulations of the United States and other countries for any products and technical data you deliver or receive through our networks.

 

Governing Law
You agree that your use of our network, this Agreement and any disputes relating thereto shall be deemed to have been made under, and shall be governed by the laws of the State of New York in all respects, including but not limited to matters of construction, validity and performance, without regard to principles of conflicts of laws. You agree that by accessing or using our network, you agree and consent to the jurisdiction of the federal and state courts in the state of New York and that any litigation that may arise out of such use or access shall be tried solely by a court of competent jurisdiction in the state of New York.

 

General Terms
SmartEquip's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any person or entity at any time without notice to you. Should any provision of these Terms of Use be held to be unenforceable, the remaining provisions hereof shall remain in full force and effect.

 

You can contact us with questions or comments by e-mailing at info@smartequip.com.

 

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PRIVACY POLICY

 

SmartEquip, Inc. and its affiliates (collectively, “SmartEquip”, “we”, “us” or “our”) are committed to respecting your privacy and managing the personal data we have collected as part of our business.  This privacy policy (this “Privacy Policy”) explains the collection, use, and sharing of information from or about you in connection with your use of our Network (defined below) and/or our products and services.  The term "Network" refers to, collectively, our website www.SmartEquip.com and other websites owned or operated by us, our mobile applications, onboarded media, blogs, social media and other places, and other online or wireless offerings, whether accessed via computer, mobile device or other technology, any of which is owned or operated by us or on our behalf.  

 

This Privacy Policy (together with our Terms of Use and the registration and end user agreement) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed and used by us. Personal data does not include information that has been anonymized or aggregated, such that it could not identify a specific person or company. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat and manage it.

 

If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use the Services or access the Websites.  By using our Network or doing business or sharing your personal data with us, you are accepting and consenting to the practices described in this Privacy Policy.  We will take all commercially reasonable steps to treat your personal data in accordance with this Privacy Policy.

 

DATA WE MAY COLLECT FROM YOU:  This Privacy Policy explains our practices with regard to “personal data” collected by us for our own business purposes. Personal data is any information that can be used to identify, locate or contact you. Personal data also includes other information that may be associated with your personal data. We may collect the following data from you:

  • contact information that allows us to communicate with you, such as your name, username, mailing address, telephone numbers, email address or other addresses, credit card or bank account and other information that allow us or other parties on the Network to send you messages;
  • relationship information that helps us do business with you, such as the types of products and services that may interest you, orders you may place over our Network, information on your company’s size, geographic locations, creditworthiness and demographics;
  • transaction information about interactions or correspondence between you and us or other companies over our Network including purchases, sales, inquiries, customer account information, support services, details of transactions you carry out over our Network and the fulfillment of your orders, and information about how you otherwise use the Network,
  • Details of your visits to our Network. We may collect information about your computer or mobile device, including, where available, your IP address, operating system, browser type and the country, telephone area or location where your computer is located.
  • Records that we maintain of the items you view or purchase through our Network.
  • We may also collect information for market research purposes, including your business, occupation and location, and how you are using our services, to gain a better understanding of our customers and thus provide more valuable service.
  • Finally, we may collect personal data from or about you in other ways not specifically described in this Privacy Policy. For example, we may collect information when you respond to a survey, set your preferences, contact us through customer services or by other means, enter a contest or sweepstakes or participate in another promotional or information gathering activity.Any information collected through these methods shall be used as provided in any announcement related to such item(s) and if there is not such an announcement, then in accordance with this Privacy Policy.

COOKIES: Like many websites, our Network uses cookies. This helps us to provide you with a good experience when you browse our Network and helps us to improve our Network and your experience while using our Network.

 

Certain third parties who provide services to us may use cookies and collect data on our behalf. Under the terms of their contracts with us, they may not share that information with anyone except us and any other party providing services to us.

 

To opt out of accepting cookies, you can generally set your browser to not accept cookies or to provide a pop-up notice to you when you are sent a cookie, so you can decide whether or not to accept it. Please know that deleting or disabling cookies will impact your ability to use certain features of our Network.

 

DO NOT TRACK: Our Network may not recognize browser-based Do Not Track signals. However, as discussed above under “Cookies,” you may be able to modify your browser settings to block all cookies, or to block “third-party” cookies. Cookies that we set on our Networks are considered “first-party” cookies. Details on your ability to restrict or change the personal information that we may collect about you are listed below.

 

USAGE ANALYTICS: We use several third-party usage analytics tools including Google Analytics. More information about how Google Analytics is used by us can be found here: http://www.google.com/analytics/learn/privacy.html.

 

To provide visitors to our Network with more choice on how their data is collected by Google Analytics, Google has developed the Google Analytics Opt-out Browser Add-on. The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the website visit should not be sent to Google Analytics. The Google Analytics Opt-out Browser Add-on does not prevent information from being sent to a website or to other web analytics services.

 

WEB BEACONS:  We or our service providers may use web beacons (i.e., mall image file on a web page that can be used to collect certain information from your computer, such as an IP address, the time the content was viewed, a browser type, and the existence of cookies previously set by the same server) to track the effectiveness of third party websites that provide us with recruiting or marketing services or to gather aggregate visitor statistics and manage cookies. We would only use web beacons in accordance with applicable laws.

 

If you reject the cookies associated with some web beacons, you can render the web beacons unusable, although the web beacon may still record an anonymous visit from your IP address, but cookie information will not be recorded.

 

In some of our communications with visitors or participants, we may monitor recipient actions such as email open rates through embedded links within the messages. We collect this information to gauge interest in our Network, and to maintain and improve it.

 

SOCIAL MEDIA WIDGETS AND APPLICATIONS: The Network may include functionality to enable sharing via third party social media applications (such as the “Like” button on Facebook® and the widget on Twitter®). These social media applications may collect and use information regarding your use of the Network.  Please be aware that some of the personal data that you provide via such social media applications may be collected and used by other members of that social media application and such interactions are governed by the privacy policies of the companies that provide the application. We do not have control over, or responsibility for, those companies or their use of your information.

 

In addition, we may include blogs, forums, crowd-sourcing and other applications or services on the Network or in social media (collectively “social media features”). The purpose of social media features is to facilitate the sharing of knowledge and content. Any personal data that you provide on any social media feature may be shared with other users of that social media feature (unless otherwise stated at the point of collection), over whom we may have limited or no control.

 

WHERE WE STORE YOUR PERSONAL DATA: The data that we collect from you may be transferred to, and stored at, a destination separate from our company. It may also be processed by staff who work for us or for one of our suppliers or other Network participants. Such staff may be engaged in, among other things, the provision of support services, fulfillment, and the like.

 

All data you provide to us is stored on servers located in the United States. If your personal data is subject to the General Data Protection Regulation (GDPR) (EU) 2016/679, by providing personal data to us or using our Networks where personal data is collected, you consent to the transfer of your personal data to the United States.

 

Where we have given you, or where you have chosen, a password which enables you to access certain parts of our Network you are responsible for keeping this password confidential. We ask you not to share this password with anyone.

 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your data, we cannot guarantee the security of your data transmitted to our Network; any transmission is at your own risk. Once we have received your information, we will use reasonable security procedures and features to try to prevent unauthorized access.

 

USES MADE OF THE DATA: We use information held about you in the following ways:

  • To, among other things, process your requests for information or orders from us or other Network participants and carry out our obligations arising from any orders or contracts entered into between you and us.
  • To provide you with information, products or services that you require from us or our other Network participants.
  • To allow you to participate in interactive features of our service, when you choose to do so.

SECURITY:  We maintain administrative, technical and physical safeguards designed to protect the personal data provided by you against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

 

DISCLOSURE OF YOUR DATA: We may disclose your personal data to any of our affiliates. We may disclose your personal data to third parties under certain circumstances, including:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If we, or substantially all of our assets in our company, are acquired by a third party, in which case personal data held by us about you will be among the transferred assets.
  • If we engage a third party to perform certain services for us such as processing credit card payments, shipping, IT, providing customer support, managing contact information or promotions, monitoring our Network or performing statistical analysis of our services, or services that will help us improve the quality of our services. We will provide the third party with the information needed for them to perform services for us and require in our agreement that they adhere to privacy practices that are consistent with ours.  
  • By providing personal data in the jurisdiction where you are located, you consent to having your personal data transferred to the United States, where our servers are located.  For example, if you your personal data is subject to the General Data Protection Regulation (GDPR) (EU) 2016/679, you consent to the transfer of your personal data to the United States, where our servers are located.
  • Sharing your personal data, including equipment models, with manufacturers and dealers who offer products and services to users of our Network. These manufacturers and dealers may use your personal data to contact you about their products, services, offers and events, as well as to fulfill orders and manage data related to your use of our Network. We may transfer personal data to these manufacturers and dealers in the United States and elsewhere in the world. These entities will use your personal data to respond to your inquiries and fulfill orders.
  • If we determine we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Network terms of use, or sale agreements or other agreements; or to protect our rights, property, or safety or the rights, property or safety of our affiliates, our customers, our employees or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS: Our Network may, from time to time, contain links to and from the websites of our partner Networks, advertisers and affiliates, as well the manufacturers and dealers who participant in our Network.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites. You have the right to correct any errors in your information we have collected by contacting us at the postal address below. Requests will not be accepted by phone or email.

 

CHILDREN: We don’t knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register an account on our Websites or become Customers. In the event that we learn that we have collected personal data from a child under age 13 without appropriate permission from their parent/legal guardian, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at the postal address below provided below. Requests will not be accepted by phone or email.

 

EU-US PRIVACY SHIELD:SmartEquip complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union. Visit the Privacy Shield website to view our certification and learn more.

 

In compliance with the Privacy Shield Principles, SmartEquip commits to resolve complaints about our collection or use of your personal information. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact SmartEquip at:

 

SmartEquip, Inc
20 Glover Ave, Suite 5th Floor North
Norwalk, CT 06850
legal@smartequip.com

 

PRIVATE SECTOR DISPUTE RESOLUTION:SmartEquip has further committed to refer unresolved Privacy Shield complaints to the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), a distinguished global panel of retired judges and attorneys with uncompromising objectivity who are capable of resolving the most complex disputes where the parties appear to be unyielding. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit JAMS for more information or to file a complaint. Further, in certain circumstances you may also have the right to pursue binding arbitration through the Privacy Shield Framework as described in Annex I to the Privacy Shield Principles.

 

ONWARD TRANSFERS: SmartEquip, Inc. is responsible for the processing of Personal Data it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. We comply with the EU-US Privacy Shield Principles for all onward transfers of Personal Data from the EU, including the onward transfer liability provisions.

 

ENFORCEMENT: With respect to Personal Data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission (FTC).  In certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including those to meet national security or law enforcement requirements.

 

PRIVACY STATEMENT TO CALIFORNIA RESIDENTS: Under California Civil Code Section 1798.83, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of personal data, such as name, e-mail and mailing address including billing ZIP code and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us as provided below. We will respond to such requests for information access within 30 days following receipt at the e-mail or mailing address stated below.  Please note that we are only required to respond to an individual once per calendar year.

 

Additionally, California law requires that we indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. We do not currently alter our practices when a Do Not Track signal is received. To learn about Do Not Track and for information about how to opt out of receiving targeted advertising, please click www.aboutads.info/choices.

 

CHOICE AND ACCESS: Subject to applicable law, you have the right to obtain a copy of personal data we maintain about you or to request that we update or correct inaccuracies in that information by contacting us as indicated in the first section of this Privacy Policy. However, SmartEquip may limit or deny access to Personal Data where the burden or expense of providing such access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition to the right to access and correct your personal data, you may also have the right to have your information blocked or deleted in accordance with applicable law.  Explicit consent from individuals (opt-out option) is not required when Processing Personal Information for: (i) purposes consistent with the purpose for which it was originally collected or subsequently authorized by the individual; (ii) purposes necessary to carry out a transaction relationship; (iii) purposes necessary to comply with legal requirements; or (iv) disclosure to an Agent.  It is your choice not to consent to the collection and use of information from or about you in accordance with this Privacy Policy, however if you do not consent you may not use the Services or access the Websites.

 

MATERIAL CHANGES TO OUR PRIVACY POLICY: Any material changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, emailed to the email address you have provided to us when you registered as a participant on our Network.

 

CONTACT: Questions and comments regarding this Privacy Policy should be addressed by email to info@SmartEquip.com; or by telephone on 203-899-1800 between 9.00am and 4.30pm (Monday to Friday, excluding public holidays) or by mail to SmartEquip, 20 Glover Avenue, Fifth Floor North Tower, Norwalk CT  06850.