(Last updated June 09, 2020)
Welcome to Boon Platform Services (BPS) and boon30.com Privacy Policy
Boon30 takes your privacy seriously and the use, disclosure and protection of your information is important to us. This policy covers how Boon30, collects, uses, discloses, transfers, stores and protects your personal information. We encourage you take a moment and familiarize yourself with our privacy practices and contact us at support@Cuismo.com for any further clarification.
This Privacy Policy has been developed in accordance with the EU General Data Protection Regulation (GDPR) as well as in support of the EU-US Privacy Shield requirements..
1)Introduction
2)Acceptance and Use
3)Data Protection Principles
4)Personal Information We Collect About You (PIPEDA)
5)Types of Data We Collect From You
6)Non-Personal Information
7)Information Collected Through Technology
8)Other Information You May Submit
9)Automatically-Collected Information
10)Information We Collect From You Automatically
11)How We Use Your Data
12)Remarketing On the App and website
13)Google Adwords
14)With Whom We Share Your Data
15)Mobile Devices
16)Do Not Track
17)Interest-Based Advertising Technologies
18)Data Retention
19)EEA Data Subjects
20)Your Privacy Choices
21)Our COPPA Policy towards Children
22)Cross Border Transfers
23)Data Transferred Out Of the EU.
24)Privacy Shield
25)Legal Bases for Processing (For EEA Users):
26)Security Measures for Safeguarding Your Information
27)Third-Party Site and Links
28)Mobile Advertising Identifiers
29)California / Delaware Do Not Track Disclosures
30)E-mails Communications
31)Data Security
32)GDPR Statement for (EEA Users)
33)GDPR Data Privacy User Rights
34)Your Right To Withdraw Consent
35)Opting Out Of Messages from Us
36)Opting Out Of Sharing With Third Parties for Marketing
37)Opting Out Of Interest-Based Advertising
38)Security of Personal Information
39)Terms and Conditions
40)Changes to our Privacy Policy
41)Contact Us
2.Acceptance and Use
This privacy policy covers Boon30 and its subsidiaries, including (collectively, "Boon30," "we," "us," or "our"). We facilitate the connection of Car Owners and Car Service providers/Technicians via the boon30.com website.
By using Boon30 website, you signify acceptance to the terms of this Privacy Policy. Where your acceptance via clicking on [ACCEPT] when this policy is displayed to you on the site, is considered as your official consent to process your personal information, your consent to the collection, use, and disclosure of your personal information as described further below. We may request you to provide additional disclosures or information about the data processing practices of specific Services. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your data.
If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of Boon30 website and its related services.
3.Data Protection Principles
"Personal data" means any information that enables us to identify you or the beneficiary of your transaction with us, directly or indirectly, such as name, e-mail, address, telephone number, any form of identification number or one or more factors specific to your or your beneficiary's identity.
We are committed to complying with applicable data protection laws and will ensure that personal data is:
Used lawfully, fairly and in a transparent way;
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
Relevant to the purposes we have told you about and limited only to those purposes;
Accurate and kept up to date;
Kept only as long as necessary for the purposes we have told you about;
Kept securely
4.Personal Information We Collect About You (PIPEDA)
According to the personal information protection and electronic documents act, 2000 (PIPEDA), "personal information" means information about an identifiable individual. The information you provide to Boon30 is considered personal information. It is possible to relate it to you through your name, address, e-mail address, telephone number, and any other information that can identify you. If information cannot be related to an identifiable individual, it is considered anonymous information (such as laboratory results identified by alpha-numeric identifier instead of an individual's name) Whenever possible, Boon30 works with anonymous information. This privacy statement does not apply to anonymous information.
5.Types of Data We Collect From You
1.Personal Identifiable Information (PII). We acquire PII that may include, in certain contexts, your Full name, date of birth, nationality, gender, photographs, phone number, home address, or e-mail. Certain jurisdictions consider being PII because it could be used to identify an individual or device if it were combined with other identifying information.
2.Transaction information. Users who choose to purchase a Service on the website will be asked to provide billing details such as credit card information, billing e-mail, banking information, location at the time of the transaction, or a billing address. This data may be used to deliver the Services to you. Processing this information is required for fulfilling the contract we entered into with you, at your request (our Terms of Service) cf. GDPR art. 6 (1) item b. additionally, this information needs to be retained to comply with accounting and tax regulation cf. GDPR art. 6 (1)
3.Sensitive PII: Information about the transactions you make on our Services, such as the names, mobile number, e-mail address, and other information about the directly connected accounts to your account, which are attracted to our Service by you.
4.Correspondence: Survey responses, the information provided to our support team or user research team.
6.Non-Personal Information
Non-personal information refers to information that, by itself, does not identify you as a specific individual (e.g., demographic information or web site visitations). Boon30 may collect non-personal information through any of the methods discussed above, as well as automatically through the use of industry-standard technologies described further below.
7.Information Collected Through Technology
While you visit the Boon30 Site and remain anonymous, Boon30 or its third-party service providers may still collect non-personal information about your use of the Boon30 materials (e.g., Your internet browser, operating system, IP address, connection speed, and the domain name of your internet service provider). Such information may be gathered by the following methods:
(a)Cookies. Cookies, including local shared objects, are small pieces of information that are stored by your browser on your device's hard drive, which works by assigning to your computer a unique number that has no meaning outside of the Boon30 Site. Cookies do not generally contain any personal information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Boon30 materials unavailable to you.
(b)IP address. You may visit many areas of the Boon30 Site anonymously without the need to become a registered user. Even in such cases, Boon30 may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin services with an internet services provider. Each time you access the Boon30 Site and each time you request one of Boon30' pages, the server logs your IP address.
(c)Beacons. Beacons are small pieces of data that are embedded in web pages and e-mails. Boon30 may use these technical methods in html e-mails that Boon30 sends to users to determine whether they have opened those e-mails or clicked on links in those e-mails. The information from the use of these technical methods may be collected in a form that constitutes personal information.
(d)Your Tracking content usage. If you use the Boon30 services and you post audiovisual materials including, without limitation, text, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials (collectively, "Content") to your app site or a third party app site, Boon30 tracks and captures non-personal information associated with user accounts and the use of content.
8.Other Information You May Submit
You may submit data to us for limited purposes such as requesting customer support, answering a questionnaire, participating in a study, entering contests or sweepstakes, or signing up to receive communications from another user or us.
9.Automatically-Collected Information
We automatically collect certain types of data when you use our services, regardless of whether you have an account. This data includes your IP address, technical information about your device (e.g., browser type, operating system, and basic device information), the web page you visited or search query you entered before reaching us, and your activities. We may track your activities using cookies and similar technologies. By using our services, you agree to our use of these methods as outlined in our cookie policy.
10.Information We Collect From You Automatically
We receive and store certain types of information automatically, such as whenever you interact with or use Boon30 Application and website. This information helps us address customer support issues, improve the performance of Boon30 Application and website, providing you with a streamlined and personalized experience, and protect your account from fraud by detecting unauthorized access. Information collected automatically includes:
Online Identifiers: Geo location/tracking details, browser fingerprint, operating system, browser name, and version, or personal IP addresses.
Usage Data: Authentication data, security questions, click-stream data, public social networking posts, and other data collected via cookies and similar technologies.
For example, we may automatically receive and record the following information on our server logs:
How you came to and used Boon30 Application and website;
Device type and unique device identification numbers;
Device event information (such as crashes, system activity, and hardware settings, browser type, browser language, the date and time of your request and referral URL);
How your device interacts with Boon30 Application and website and Services, including pages accessed and links clicked;
Broad geographic location (e.g., country or city-level location); and
Other technical data collected through cookies, pixel tags, and other similar technologies that uniquely identify your browser
We may also use identifiers to recognize you when you access our Service and or App via an external link, such as a link appearing on a third party site
11.How We Use Your Data
We may use your data for the following purposes:
Identification and authentication: we use your data to verify you when you access your account.
Communicating with you: we use your data when we communicate with you (e.g., when we respond to customer support or other inquiry).
Improving our services: we use your data to understand how our services are being used and how we can improve them. In general, we analyze aggregated data rather than specific user data. We may, however, need to analyze a specific case to address a specific problem (e.g., a bug that affects only a few accounts).
Customizing your experience: we use your data to personalize the Service to you. These may include remembering your preferences for language or volume or displaying site that you might enjoy, based upon your viewing choices.
To ensure network and data security: We process your personal information to enhance security, monitor and verify identity or service access, combat spam or other malware or security risks, and to comply with applicable security laws and regulations. The threat landscape on the internet is constantly evolving, which makes it more important than ever that we have accurate and up-to-date information about your use of Boon30 Services.
Marketing and advertising: we use your data to display ads and send you offers. We may also use your data in delivering third-party advertisements to you. These may include "targeted ads" based upon your activities.
Exercising our rights: Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our Service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our terms of Service.
Legal compliance: we use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.
Protecting your information: where appropriate, we may anonymize, backup, and delete certain data.
For research and development: We process your personal information to better understand the way you use and interact with Boon30's Services. Also, we use such information to customize, measure, and improve Boon30 features and the content and layout of our site and applications and to develop new services.
We may use algorithms and other automated means to implement any of the above.
12.Remarketing On the website
If you have provided your consent by accepting Targeting Cookies on the site, we may use Google AdWords (remarketing and Similar Audience features) and Facebook Ads. You can review the Boon30 cookie policy, which includes details on how to customize your cookie settings.
13.Google Adwords
Google AdWords enables Google, through the use of cookies, to identify the fact that you have visited the site, to identify aspects of your usage of the site and combine that with what it knows about your usage of other sites in the Google ad network.
We use these services to advertise to visitors of Google ad network Apps who have previously visited our site or who Google deems to have shared interests with visitors of our site. Google's collection and use of your data are covered by the Google privacy policy. You can set preferences for how Google advertises to you using the Google Ad Preferences page.
14.With Whom We Share Your Data
We share data with third parties as follows:
With your consent: we may share your data with third parties where we have obtained your express consent to do so. You may revoke these consents.
Authorized vendors: We may share your data with third-party vendors that help us operate our services, process payments, and comply with your instructions and our contractual obligations. These include payment processors, content delivery networks (CDN), cloud-based hosting services, monitoring services, e-mail service providers, quality assurance and testing vendors, fraud and abuse prevention vendors, customer relations management (CRM), vendors
Advertising: We may share your data with advertising companies to display relevant ads to you. Unless you expressly agree, we will not share or sell your name, e-mail address, or physical address with such persons.
Analytics: We may share your data with persons who provide analytics showing how customers are using our services.
Affiliates and advisors: We may share your data with our affiliates company and our auditors and advisors for planning, financial reporting, accounting, auditing, tax filings, and legal compliance. Unless you expressly agree, we will not share your data with our parent or any affiliate for other purposes, such as direct marketing.
Certain legal situations: we may share your data where we believe disclosure is necessary to comply with a legal obligation or in connection with a corporate transaction.
Aggregated or anonymized information: We may publicly disclose non-personal aggregated or anonymized information such as our number of visitors and registered users.
15.Do Not Track
Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers and devices. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
16.Interest-Based Advertising Technologies
As noted above, you may limit advertising tracking using advertising identifiers through your browser privacy settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at http://www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and http://www.aboutads.info/choices/.
17.Data Retention
We retain your data for as long as you have an account. When you close an account, we will delete your personal information. We may retain logs of automatically collected information (for internal analytics), your e-mail address, your tax information; communications with you; and your transactional information (for auditing, tax, and commercial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it.
If we receive legal process about your account, we will retain your data for as long as we in good faith believe necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.
18.EEA Data Subjects
Legal Bases for Processing your Information:
For individuals who are located in the European Economic Area, the United Kingdom or Switzerland (collectively "EEA Residents") at the time their data is collected, we rely on legal bases for processing your information under Article 6 of the EU. General Data Protection Regulation ("GDPR"). We generally only process your data where we are legally required to, where the processing is necessary to perform any contracts we entered with you (or to take steps at your request before entering into a contract with you), for our legitimate interests to operate our business or to protect Boon30 application and website or your, property, rights, or safety, or where we have obtained your consent to do so. Below is a list of the purposes described in our policy with the corresponding legal bases for processing.
19.Your Privacy Choices
We enable you to make numerous choices about your data:
You may choose not to provide us with certain information. For example, you may choose not to create an account or not to provide optional account information.
You may change your account and privacy settings. You may change or correct information voluntarily submitted to us. We encourage you to keep your data current by viewing your settings page.
You may opt-out of receiving commercial e-mails from us.
You may limit the use of cookies. See our cookie policy for options.
You may close your account
Users from certain countries may have additional rights.
20.Our COPPA Policy towards Children
Boon30 complies with both the Children's Online Privacy Protection Act of 1998 (COPPA) and, concerning EU data subjects, with GDPR. We do not knowingly request to collect personal information required for Boon30 services from any person under the age of 18. If a user submitting personal information is suspected of being younger than 18 years of age, Boon30 will prevent users from registering for an account. Also, Boon30 retains the right to close such account and or not allow such users to continue using Boon30 Service. We will also take steps to delete the information as soon as possible.
Please notify us if you know of any individuals under the age of 18 using our Services so we can take action to prevent access to our Services.
21.Cross Border Transfers
To facilitate our global operations, Boon30 may transfer, store, and process your information within our family of companies, partners, and service providers based throughout the world.
We contractually obligate recipients of your personal information to agree to at least the same level of privacy safeguards as required under applicable data protection laws. By communicating electronically with Boon30, you acknowledge and agree to your personal information being processed in this way.
If you have a complaint about our privacy practices and our collection, use, or disclosure of personal information, please submit your request via any of Boon30 provided CONTACT US mediums.
22.Data Transferred Out Of the EU
Boon30, is the publisher of Boon30 website and services, confirms its compliance with the EU-US Privacy Shield Framework. We are committed to subjecting all personal information received from the European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework's applicable Principles. To learn more about the Privacy Shield Framework, visit the US Department of Commerce's Privacy Shield List at https://www.privacyshield.gov.
Boon30 does its best to process personal information it receives under the standards of Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. Before we share your information with any third party that is not also certified under the EU-US Privacy Shield Framework, Boon30 will enter into a written agreement that the third party provides at least the same level of privacy safeguard as required under those Frameworks, and assures the same level of protection for the personal information as required under applicable data protection laws.
23.Privacy Shield
Boon30 adheres to the seven privacy shield principles of notice, choice, and accountability for onward transfer, security, data integrity, access, and recourse, enforcement, and liability as they relate to personal data. Boon30 verifies compliance with the Principles through self-assessment. The privacy policy covering human resources data can be accessed on our intranet app site by all employees.
24.Legal Bases for Processing (For EEA Users):
If you are an individual in the European economic area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the services you use and how you use them. These means we collect and use your information only where:
We need it to provide you the services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the services;
It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the services and to protect our legal rights and interests;
You give us consent to do so for a specific purpose; or
We need to process your data to comply with a legal obligation.
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because a third party (e.g., your employer) or we have a legitimate interest to do so, you have the right to object to that use though, in some cases, and this may mean no longer using the services
25.Security Measures for Safeguarding Your Information
Boon30 takes appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of personal information. These include, but are not limited to, internal reviews of (a) Boon30's data collection; (b) storage and processing practices; (c) electronic security measures; and (d) physical security measures to guard against unauthorized access to systems where Boon30 stores personal information. All Boon30 employees, contractors, and agents who access personal information are bound by confidentiality obligations. They may be subject to discipline, including termination and criminal prosecution or unauthorized use or disclosure of personal information.
26.Third-Party Site and Links
The Boon30 contents may contain links to third parties who may collect personal information and non-personal information directly from you. Additionally, Boon30 may use third parties to provide components of the Boon30 contents. In either case, such third parties may have separate privacy policies and data collection practices, independent of Boon30. Boon30: (a) has no responsibility or liability for these independent policies or actions; (b) is not responsible for the privacy practices or the content of such site, and (c) does not make any warranties or representations about the contents, products or services offered on such site or the security of any information you provide to them
27.California / Delaware Do Not Track Disclosures
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer's online activities over time and across third-party web sites or online services (e.g., browser do not track signals). Currently, Boon30 does not monitor or take any action concerning these signals or other mechanisms.
28.E-mails Communications
By creating an account, you consent to receive commercial e-mails from us. These include newsletters and offers. Users from certain countries may have the ability to opt-out or opt-in at the time of account creation. All users may decline to receive commercial messages in their account settings. Please note that any opt-out request may take several days to process, and you will continue to receive transactional e-mails from us (e.g., e-mails confirming transactions or providing information about your account).
29.Data Security
We are committed to maintaining the security of your data and have measures in place to protect against the loss, misuse, and alteration of the data under our control. We employ modern and secure techniques to protect our systems from intrusion by unauthorized individuals, and we regularly upgrade our security as better methods become available.
Our data centers and those of our partners utilize new physical security measures to prevent unauthorized access to the facility. Besides, all personal data is stored in a secure location behind firewalls and other sophisticated security systems with limited (need-to-know) administrative access.
All our employees who have access to, or are associated with, the processing of personal data are contractually obligated to respect the confidentiality of your data and abide by the privacy standards we have established. Please be aware that no security measures are perfect or impenetrable. Therefore, although we use industry-standard practices to protect your privacy, we cannot (and do not) guarantee the absolute security of personal data.
30.GDPR Statement for (EEA Users)
These apply only to natural persons residing in the European economic area (for this section only, "you" or "you are" shall be limited accordingly). It is Boon30's policy to comply with the EU'S general data protection regulation (GDPR). Under the GDPR, we may transfer your personal information from your home country to the United Kingdom (or other countries) based upon the following legal frameworks:
Legitimate business interests: We could not provide our services or comply with our obligations to you without transferring your personal information to the United Kingdom
Consent: we may transfer your personal information when we receive your express, revocable consent.
Our use of standard contractual clauses (also known as "model clauses") where appropriate
You have the right to opt-out of non-essential cookies (see our cookie policy); access, correct, delete, restrict, or object to our use of your personal information; be forgotten; port your data; and withdraw consents.
We enable exercise of these rights primarily through our services (which we reserve the right to modify). We also fulfill our obligations in response to direct requests. We will endeavor to process requests within one month. Please note that we may not be able to comply with requests to the extent that they would cause us to violate any law or infringe any other person's rights. We reserve the right to request appropriate identification. We will process requests free of charge unless they impose an unreasonable cost on us.
If you have a request, complaint, or inquiry, please contact our data protection officer at the address listed below. We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.
31.GDPR Data Privacy User Rights
If you are an EU resident and Boon30 is processing, or transmitting your data, then you - as an "EU data subject" – benefit from the following rights and privileges under the General Data Protection Regulation (GDPR):
Right of Access: you have the right to obtain from us, as controllers, confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the following personal data and information:
-
1.the purposes of the processing;
2.the categories of personal data concerned; i.e., name, e-mail, phone number, etc
3.the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations';
4.where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
5.the existence of the right to request from us rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing; (f) the right to complain about a supervisory authority (for a list of supervisory authorities, see https://edpb.europa.eu/about-edpb/board/members_en);
6.where the personal data are not collected from you, any available information as to their source;
7.The existence of automated decision-making, including profiling, along the lines indicated by Article 22(1) and (4) GDPR, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.
Right to rectification: you have the right to obtain from us without undue delay the rectification of inaccurate personal data concerned, provided during registration by him or her. The user has the right to have requested his incomplete personal data be completed, including providing a supplementary statement.
Right to erasure ("Right to be Forgotten): you have the right to obtain from us the erasure of your data without undue delay, and we must erase personal data without undue delay when: a) your data are no longer necessary for the purposes for which they were collected; b) you had consented to the processing; c) you have objected to the processing, as per below; d) your persona data had been unlawfully collected; e) your personal data need to be erased as a matter of compliance with a legal obligation.
Right to Restriction of Processing: you have the right to obtain from us the restriction of processing if you: a) contest the accuracy of the personal data, until this is verified; b) the processing is unlawful, but you don't want erasure; c) we no longer need the personal data, but you require them to establish, exercise to defend a legal claim; d) you have objected to processing, but there is a need to verify whether our legitimate grounds override your rights to object.
Right to Data Portability: where your data has been provided based on your consent or for the performance of a contract, and their processing occurs in an automated way. You have the right to receive the personal data you have provided to us in a structured, commonly used, and machine-readable format and have the right to transmit those data– or have directly transmitted - to another controller.
Right to Object: you have the right to object, on grounds relating to your particular situation, at any time to processing of your data based on a legitimate ground point (e) or (f) of Article 6(1), including profiling based on those provisions. In this case, we can no longer process your data unless we show that there is a compelling legitimate ground for the processing which override your interests, rights, and freedoms or for our establishment, exercise or defense of legal claims.
32.Your Right To Withdraw Consent
Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us support@boon30.com. You can also change your marketing preferences. You can also exercise the rights listed above at any time by contacting us at support@boon30.com. If your request or concern is not satisfactorily resolved by us, you may contact our data protection officer; his e-mail is support@boon30.com
He can provide further information about your rights and our obligations concerning your data, as well as deal with any complaints that you have about our processing of your data.
33.Opting Out Of Messages from Us
To opt-out of any future promotional messages from us, you should unsubscribe in the body of the promotional message that was sent to you (found at the bottom of the e-mail) or send an unsubscribe request to us at support@boon30.com. We will process your request within a reasonable time after receipt.
34.Opting Out Of Sharing With Third Parties for Marketing
If you do not want your Personal Information or Personal Data shared with any third party who may use such information for direct marketing purposes, then you may opt-out of such disclosures by sending an e-mail to support@boon30.com. Please note that if you opt-out in this manner, certain aspects of the site and platform may no longer be available to you. We will process your request within a reasonable time after receipt.
35.Opting Out Of Interest-Based Advertising
The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs. We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA) and the European Interactive Digital Advertising Alliance ("EDAA"). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. Please note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. EU residents who have provided their consent to our use of cookies and similar technologies can use the EDAA's opt-out tool
36.Security of Personal Information
The site uses its best endeavors to store all Personal Information on servers with restricted access, and all electronic storage and transmission of Personal Information are secured with appropriate security technologies. Not to withstand the previous, the site cannot guarantee that such precautions would render the site and its servers immune to security breaches.
37.Changes to our Privacy Policy
Boon30 continually strives to implement new technologies and processes to better protect you, your privacy, and your use of the Boon30 Service. As a result, changes to this privacy policy may be made by Boon30 from time to time. In no event will these changes result in the degradation of any of the security measures designed to protect you from unauthorized disclosure, as such measures are described in this privacy policy.
38.Terms and Conditions
To learn more about our terms and conditions, please visit our Terms and Conditions page establishing the use, disclaimers, and limitations of liability governing the use of our website
39.Contact us
If you have any questions about this privacy policy, please contact us at support@boon30.com
(Last Updated June 8, 2020)
Overview
We created this GDPR section on our website to go over what GDPR means for you and the steps we’ve taken to ensure the protection of your privacy
The EU General Data Protection Regulation (GDPR) comes into effect on 25 May, 2018 and places new obligations on organizations based in the EEA or which hold or process personally identifiable information (PII) about EU residents.
Our Commitment
For the purpose of the processing personal data, Boon30 may engage data processors and/or, at its sole discretion, hire other persons to perform certain functions on behalf of Boon30. In such cases, Boon30 shall take necessary measures to ensure that such data is processed by the personal data processors in accordance with instructions of Boon30 and applicable legislation. Boon30 shall also require the personal data processors to implement appropriate measures for the security of personal data. In such cases, Boon30 shall ensure that such persons will be subject to the non-disclosure obligation and will not be able to use this information for any other purpose, except to the extent necessary to perform the functions assigned to them.
GDPR Data Protection
The General Data Protection Regulation (GDPR) was enacted by the European Union to deepen and harmonize personal data protection regulations. Now in effect as of May 25, 2018, it is a comprehensive and clear set of guidelines that acknowledges that different “flavors” of personal data require different levels of protection.
GDPR applies to all business irrespective of the region or jurisdiction, no matter where they are based, who collect and process personal data on EU residents. Non-EU companies have to appoint a GDPR representative and will be liable for all fines and sanctions
Some of the key requirements of the GDPR are:
Consent: Organizations must get consent to collect personal data, with the level of consent varying according to the type of personal data being collected.
Data minimization: Responding to years of gratuitous collection of personal data by apps, with no clear purpose in mind, the GDPR stipulates that organizations can only collect personal data that is clearly related to a well-defined business objective. If an organization gathers personal data for one purpose but then decides it wants to use it for another purposes (such as consumer profiling), that could be considered non-compliance.
Individual rights: Another key feature of the GDPR is the very clear rights that it gives data subjects (i.e., the individuals whose personal data is being collected) to understand why their data is being collected and how it is being processed. They have the right to object, to correct—and they have the right to be erased/forgotten. They also have the right to be notified (individually) if their personal data has been breached in a way that could endanger their freedoms and rights.
Boon30 has comply to applicable legislation, regulation, statute or order which may apply from time to time relating to the collection, storage and use of Personal Information including (without limitation) the Privacy Act 1988(Cth), the Data Protection Act 1998, the European Union General Data Protection Regulation May 25, 2018 the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Protection (Processing of Sensitive Personal Data) Order 2000 and comparable laws, as the case may be in the applicable jurisdiction, or any amendments and/or re-enactments thereof.
How we are compliant with the EU GDPR regulation
This is a notice to inform you of the Boon30 policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
1)We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
2)Boon30 takes seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
3)Boon30 undertakes to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
4)Our policy complies with the Canadian Laws accordingly implemented, including that required by the European Union General Data Protection Regulation (GDPR) and data protection regulation.
5)The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data.
6)Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
The operations of Boon30 are in accordance with the European Union's General Data Protection Regulation (GDPR), effective May 25, 2018. Boon30 has made the GDPR a priority, and we are and have always been fully aligned with the regulation's intended result:
GDPR Scope
Passed in 2016, the new General Data Protection Regulation (GDPR) is the most significant legislative change in European data protection laws since the EU Data Protection Directive (Directive 95/46/EC), introduced in 1995. The GDPR, which becomes enforceable on May 25, 2018, seeks to strengthen the security and protection of personal data in the EU and serve as a single piece of legislation for all of the EU. It will replace the EU Data Protection Directive and all the local laws relating to it.
We support the GDPR and will ensure all Boon30 services comply with the GDPR provisions effective from May 25, 2018. Not only is the GDPR an important step in protecting the fundamental right of privacy for European citizens, it also raises the bar for data protection, security and compliance in the industry so therefore Boon30 is committed to abide by all Data protection regulation
Sub-Processors
A current list of the companies Boon30 partners with to process data is available, you can contact us for that information
Website / Service Updates
Our website and app are being updated to help customers comply with the GDPR obligations relating to obtaining and recording consent. Consent check-boxes will be available upon request. Other technology designed to automated data access requests received from guests will be released.
Privacy Policy
We have updated our privacy policy to ensure it complies with our obligations under the EU GDPR Regulation. You can learn more regarding our collection and use of your personal information on our privacy policy page.
Data Security Policy
Boon30 has always been committed to ensuring we maintain our customers’ and their customers’ data as securely as possible. Details of our Data Security Policy consistent with our obligations under the GDPR is available on our website terms and condition page.
Communications in Electronic Form
For contractual purposes, you (a) consent to receive communications from Boon30 Limited in an electronic form via the email address you have submitted; and (b) agree that all Terms and condition, agreements, notices, disclosures, and other communications that Boon30 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
You may opt out of such email by unsubscribing or sending an email to Support@boon30.com
Complaint
In the meantime, if you wish to submit a data request under the GDPR, or have any additional queries, please contact our Boon30 privacy officer at support@boon30.com
(Last Updated June 9, 2020)
1.Overview
Welcome to Boon Platform Services (BPS) and boon30.com
These Terms of Use (“Terms“) apply to your access to, and use of, any website of Boon Platform Services (BPS) (hereinafter referred to as “Boon Platform Services (BPS) “), including www.boon30.com, or other online products or services of Boon Platform Services (BPS) (collectively, the “Services“). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Boon Platform Services (BPS) for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to Boon Platform Services (BPS) if you violate these Terms
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
If you have any questions regarding the Services, please contact Boon Platform Services (BPS) Support team by emailing support@boon30.com
1. Overview
2. Terms and Agreements
3. Description of Services
4. Accounts Registration
5. Car Owners/Car Service Provider Account Sign up
6. Scheduling a Job
7. Privacy and Data Protection
8. Payment Terms
9. License to Use
10. Cancellation of Jobs by You
11. Cancellation of Jobs by Technicians/Car Service Provider
12. Applicability
13. Eligibility
14. Online service Terms
15. Ownership
16. User Content
17. Service Amendments
18. Repeat Infringer Policy
19. Copyright Complaints
20. Applicable Copyright Laws and License
21. Reservation of Rights
22. Location-based Services.
23. Public Discourse and Forums
24. Cookies Notice
25. Advertisements and Promotions; Third-Party Products and Services
26. Prohibited Use
27. No Warranty
28. Indemnification
29. Disclaimers
30. Limitation of Liability
31. User Feedback
32. Protection of Personal Data and Confidential Information
33. Service Amendment
34. Residents of California
35. Consent to Electronic Communications
36. Children’s Privacy (COPPA)
37. No Reliance
38. GDPR Data Protection Procedure
39. Dispute Resolution; Binding Arbitration
40. Arbitration Agreement and Option
41. Injunctive Relief
42. Waiver of Jury Trial
43. Governing Law and Jurisdiction
44. Termination by Boon30
45. Termination by You as a User
46. Severability
47. Copyright License
48. Contact Us
2.Terms and Engagement
The Agreement shall commence with effect from the Start Date and shall continue thereafter until the completion of the Event or the completion of the Services (whichever is later) or unless and until otherwise terminated in accordance with these terms (the Term).
The User engages Boon Platform Services (BPS) to perform the Services in accordance with the Agreement for the duration of the Term. The User acknowledges that Boon Platform Services (BPS) may use sub-contractors and third party suppliers to provide certain elements of the Services
The User acknowledges that Boon Platform Services (BPS) is appointed to provide the Services on a non-exclusive basis and nothing shall prevent Boon Platform Services (BPS) from providing any services of the same or similar nature to the Services to any third party.
3.Description of Services
Boon Platform Services (BPS) operates a platform that connect car owners with nearby professional mechanics. We provide car services online through website and application. With boon30.com car owners can book online to get their car fixed, we provide pick up and delivery services and towing for cars.
The Services constitute a technology platform including websites and mobile applications (the “Boon30 Platform”) that enables users to access a network of independent third party Boon30 Car service providers (mechanics, technicians, towing service providers, or other independent contractors) (“Technicians”), and/or to arrange for Boon30 Car inspection, diagnosis, maintenance, repair, towing or related services (“Boon30 Car Services”). WE DO NOT PROVIDE CAR SERVICES, AND WE ARE NOT THE EMPLOYER OF ANY THIRD PARTY PROVIDER. When you use the Boon30 services and website, you acknowledge that we do not supervise, direct, or control a Technician’s work or Services performed in any manner. A Technician provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Boon30 for any purpose whatsoever.
4.Accounts Registration
In order to use most aspects of the Services, you must register for and maintain a user account ("Account"). Account registration requires you to submit certain personal information, such as your name, email address, address, Boon30 Car information, and/or mobile phone number, and/or at least one valid payment method (e.g., a credit card). You agree to maintain accurate, complete, and up-to-date information in your Account. Your Boon30 Car information may include the license plate number, VIN (Boon30 Car Identification Number), make, model, year, engine size, trim, etc. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Boon30's termination of this Agreement. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to Boon30
5.Car Owners/Car Service Provider Account Sign up
Some portions of the website may require you to create a login or sign-up for an account to use the services. You must complete the registration process by providing us with your complete, current, truthful, & accurate information as prompted by us. You as a Car Owner can create a User Account to book for a car services appointments or services, and you as a Car service Provider/Technician can create an account to provide a car repair/service on boon30.com
Where required, Boon30 may also provide you with a username and password. By signing up as a Car Service Provider, you agree to have your profile data available for search via a custom made data tools available on Boon30 website so Car Owners can see more about your Service and qualities such as number of followers, average likes, engagement rate, paid post-performance, followers credibility, location of followers, interests of followers, gender split, etc
You are responsible for maintaining the confidentiality of your password and account credentials and for all activities that occur under your account. You agree to notify Boon30 immediately of any unauthorized use of your account or any other breach of security. Boon30 will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Boon30 or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Companies may register via the Platform but may only have one user account. If you are registering on behalf of your company, you represent and warrant that you are authorised by your company to create an account on your company's behalf. Boon30 has the sole discretion in granting or denying any accounts.
6.Scheduling a Job
To request an appointment for Boon30 Car Services (a “Job” and a “Job Request”), you may be asked to specify the type of service that you think is required, the location where you would like the Job to be performed, and the date and time that you would like the Job to take place. You agree that it is your responsibility to provide a suitable location for the Job, and to ensure that the Car Service Provider has proper access and permission, and is legally authorized to complete the Job at the location. We do not control the availability of the independent Car Service Provider on the Boon30 Platform. You acknowledge that your selected Car Service Provider may be unavailable from time to time, e.g. due to illness, or vacation.
7.Privacy and Data Protection
Our Privacy policy explains how we treat your personal data. By using the Services, you agree to our privacy policies and that we can use your information in accordance with our privacy policies. By using and benefitting from Boon Platform Services (BPS)’ Services you recognize that personalization lies at the core of many of our services. We can only provide many of these Services by using your personal data to provide personalized content and ads. Please visit our Privacy policy to learn more about personalization.
8.Payment Terms
You understand that use of the Services may result in charges to you for the Car Services you receive from a Car Service Provider (“Charges”). Charges may include any applicable federal, state and local taxes. At the time you schedule a Job, we will collect your preferred payment method information and validate your payment information. You authorize the payment of Charge(s) according to your preferred payment method information, or, if applicable, the payment of a cancellation fee if you cancel the Job. You agree not to make any alternative payment arrangement with the Car Service Provider who performs the Job. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom
9.License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
10.Cancellation of Jobs by You
You may cancel a scheduled Job at any time, subject to the following. If you cancel more than 24 hours before a scheduled Service appointment or Job, there is no cancellation fee. If you cancel within 24 hours of the scheduled start time for the Job or scheduled Service, you will be charged for a cancellation fee. We reserve the right to establish, remove and/or revise our cancellation policy or cancellation fees at any time in our discretion.
11.Cancellation of Jobs by Technicians / Car Service Provider
When a Technician/ Car Service Provider cancels a scheduled Job, we generally notify you and make your Service request available for another Car Service Provider. However, we cannot guarantee that a canceled Job will be selected by another Car Service Provider and rescheduled or that the Job Request will be completed. Car Service Provider reserve the right to refuse a Job Request. You hereby agree to hold us harmless from any liability that may result from the cancellation of a Job or refusal of a Car Service Provider to complete a Job.
There may be instances where, after a Car Service Provider has arrived at your location, the Car Service Provider finds that he or she is not able to successfully complete the Job, for reasons including, without limitation, that the Car Service Provider does not have access or permission to work on your vehicle at the location you provided, that the location is not fit for automotive services or that the information you provided with respect to your vehicle is inaccurate or incomplete. In such instances, you may be charged a minimum fee or cancellation fee.
12.Applicability
These terms and conditions apply to every user or user that place an order on the Boon Platform Services (BPS) web site. Prior to the conclusion of a transaction or order, the text of these general terms and conditions will be made available to the user.
13.Eligibility
You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
14.Online service Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
15.Ownership
The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks or services marks. All content appearing on the Boon30 Platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics and logos are trademarks, service marks, or trade dress (together, “Marks”) of Boon30. Our Marks may not be used for any purpose except pursuant to our Trademark Usage Policy. All other Marks are the property of their respective owners and may not be used without their prior written consent. BOON30 and the Boon30 logo are trademarks of Boon30 Limited, used with permission.
16.User Content
We may permit you from time to time to submit, upload, publish or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including developing, manufacturing and marketing products and/or services incorporating any User Content. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason or no reason, without notice to you.
17.Service Amendments
If the User wishes to request the provision of certain additional services which fall outside of the scope of the Services, it shall submit details of the requested additional services in writing to Boon Platform Services (BPS). The Parties shall then negotiate in good faith the terms which are to apply to such additional services (including any additional fees and expenses) and shall document any agreed additional services in writing. Following which, such additional services shall be deemed to form part of the “Services”. For the avoidance of doubt, Boon Platform Services (BPS) shall be under no obligation to agree to the provision of any additional services.
18.Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Boon Platform Services (BPS) has adopted a policy of terminating, in appropriate circumstances and in Boon Platform Services (BPS)’ sole discretion, subscribers who are deemed to be repeat infringers. Boon Platform Services (BPS) may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
19.Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent:
Address:
Telephone Number:
Fax Number:
E-Mail Address:
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
20.Applicable Copyright Laws and License
This Site, including all content, is protected by applicable copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the content. Except as expressly provided herein, boon30.com does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of boon30.com or its affiliates.
21.Reservation of Rights
The Site, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. Boon Platform Services (BPS) reserves all such rights.
22.Location-based Services
Boon30 provides a location base services through the use of GPS location to track Car Owners locations. You may turn off location services for the services and no data will be collated afterwards.
23.Public Discourse and Forums
The Service may include various public forum, chat rooms, community pages, comments or chat features, or other forums (“Forums”) where you can post User Content, including, but not limited to, your observations and comments on designated topics and on others’ User Content. Boon Platform Services (BPS) cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it publicly on the Service. When you disclose information or rely on any information in the Forums, you do so at your own risk.
Boon Platform Services (BPS) reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other users transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly or to comply with legal obligations or governmental requests. Furthermore, you acknowledge that a large volume of information is available in these Forums and that people participating in such Forums may occasionally post message or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Boon Platform Services (BPS) neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users.
The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Boon Platform Services (BPS). Boon Platform Services (BPS) is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Boon Platform Services (BPS) be liable for any loss or damage caused by your reliance on the information in the Forums or posted User Content or your use of the Forums or User Content. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT IN THESE TERMS
24.Cookies Notice
Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make websites work efficiently.
Some of the cookies we use are essential for our Sites to function correctly - for example keeping track of items that have been added to your shopping basket or remembering you have logged in. Other cookies may be used to personalize your online experience, track your journey through our Site (so that we can maximize your experience and help us understand how we can improve it) or analyses the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates or partners. For more information about our cookies policy please visit our cookies policy page.
25.Advertisements and Promotions; Third-Party Products and Services
Boon Platform Services (BPS) may run advertisements and promotions from third parties on the website or may otherwise provide information about or links to third-party products or services on the website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Boon Platform Services (BPS) is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-Boon Platform Services (BPS) advertisements or other third party information on the Services.
26.Prohibited Use
The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Loss or misuse of the login details and/or abuse of the Platform must be reported to Boon Platform Services (BPS) immediately. Boon Platform Services (BPS) is not liable for (the consequences of) loss of login details and/or the misuse of login details of the Customer by a third party.
Boon Platform Services (BPS) will always save all files, and documents created through our platform as long as a user pay their subscription fee.
Should a user wish to stop paying for the premium feature, perhaps wish to delete their Boon Platform Services (BPS) account or unsubscribe, the user must delete their documents, or else Boon Platform Services (BPS) will delete all of their data and documents after 3 months.
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
The user is obliged to keep his own current (digital) copy of all information, data and Content that the user provides to Boon Platform Services (BPS) under the terms of the execution of the Agreement, whether or not via the Platform
Boon Platform Services (BPS) will not compensate anyone if their files are lost due to technical problems or miss-use of their user account. The user must ensure to save copies of their documents on their computer, after every session.
Unsolicited promotions, political campaigning, advertising or solicitations;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of Boon Platform Services (BPS), is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Boon Platform Services (BPS) or our users to any harm or liability of any type.
The use of the Platform by the user and Content he uploads and downloads, may not infringe the rights, good name and interests of Boon Platform Services (BPS) and/or third parties, including but not limited to intellectual property rights and rights relating to the protection of personal data.
The Content uploaded by the user must be provided in a manner and in a format as indicated by Boon Platform Services (BPS).
The Content uploaded by the user is owned and remains the property of the user.
Except as otherwise provided herein, on the Services or in a separate agreement (such as the rules of a Boon Platform Services (BPS) promotion), Boon Platform Services (BPS) claims no ownership or control over any User Content. However, by submitting or posting User Content to the Services, you grant Boon Platform Services (BPS) a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to Boon Platform Services (BPS) at the time you post or submit such content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
27.No Warranty
Boon Platform Services (BPS) services & website, is provided “as is,” without warranty of any kind. Without limiting the foregoing, Boon Platform Services (BPS) expressly disclaims all warranties, whether express, implied or statutory, regarding our website or services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, Boon Platform Services (BPS) makes no warranty or representation that access to or operating our website or contents will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from Boon Platform Services (BPS) website. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
28.Indemnification
You agree to defend, indemnify and hold harmless Boon Platform Services (BPS), our independent contractors, service Boon Platform Services (BPS)s and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
29.Disclaimers
You acknowledge that any use of or reliance on this Site or any content shall be at your sole risk. boon30.com makes no representation or warranty of any kind regarding the Site and/or the content, including with respect to the information provided by third party legal and other consultants, all of which are provided on an “AS IS” basis. boon30.com EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BOON PLATFORM SERVICES (BPS) DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
User authentication on the internet is difficult. Consequently, boon30.com cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release boon30.com (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
boon30.com is under no legal obligation to, and generally does not, control the materials provided by third parties which is made available through the Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. boon30.com does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the content or about the results to be obtained using the content. The use of the Site and the content is at your own risk. Changes are periodically made to the Site and may be made at any time.
This Site contains materials, data and information which is provided, posted or offered by third parties. You agree that boon30.com shall have no liability whatsoever for any such third-party material, data or information.
boon30.com shall not be responsible for any employment decisions, for whatever reason made, by any jobs available on the Site.
30.Limitation of Liability
YOU AGREE THAT boon30.com AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF boon30.com, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
The limitations of liability and disclaimers in these Terms apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
31.User Feedback
Boon Platform Services (BPS) enables you to generate ratings and reviews, photos, videos or other content about services and products on the website ("Feedback"). Feedback is intended to enable other users to get a meaningful picture of the website service. Feedback may only contain truthful information. Feedback must be in accordance with the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. You agree:
(i)to base any rating or review you post only on your first-hand experience with the applicable business, product, or service;
(j)you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation;
(k)you will prominently indicate if your review was sponsored or paid for in any way; and
(l)your review will comply with these Terms.
32.Protection of Personal Data and Confidential Information
1.Boon Platform Services (BPS) may process personal data of or provided by the user under the terms of the Agreement. Personal data will be processed in accordance with applicable laws and regulations, in accordance with Boon Platform Services (BPS)’s Privacy Policy, which the User agrees to upon the conclusion of the Agreement.
2.The User declares and guarantees that he is authorised to provide and process the personal data as referred to in this terms to Boon Platform Services (BPS) with respect to the performance of the agreement.
3.The User retains, as far as applicable, the title to the personal data provided to Boon Platform Services (BPS).
4.The User fully indemnifies Boon Platform Services (BPS) against all third-party claims, which arise in any way from and/or are related to the processing of personal data by Boon Platform Services (BPS) via the Platform and/or the Services, or by the third party providing services to Boon Platform Services (BPS) in this respect
33.Service Amendment
Boon Platform Services (BPS) reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Boon Platform Services (BPS) will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.
34.Residents of California
If you are a resident of California, you have certain rights and protections under the California Consumer Privacy Act (“CCPA”). Please see our California Privacy Act CCPA Page for more information
35.Consent to Electronic Communications
For contractual purposes, you (1) consent to receive communications from Boon Platform Services (BPS) in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Boon Platform Services (BPS) provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
36.Children’s Privacy (COPPA)
Boon Platform Services (BPS) respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 18. This Site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent, or do we provide Boon Platform Services (BPS) services to children under 18 years of age except as permitted by COPPA. However we may provide our service to children under 18 years of age but in supervision of a parental guardian.
37.No Reliance
You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.
38.GDPR Data Protection Procedure
By using Boon Platform Services (BPS), you agree to the collection, transfer, storage and use of your personal information by Boon Platform Services (BPS) on servers located in Cyprus as further described in our Privacy Notice. You and Boon Platform Services (BPS) shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Boon Platform Services (BPS) and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.
You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Boon Platform Services (BPS) exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).
Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.
39.Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Boon Platform Services (BPS) and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
40.Arbitration Agreement and Option
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than 10,000 Canadian Dollars, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
(a)The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
(b)The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
(c)Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
41.Injunctive Relief
You acknowledge and agree that any violation or breach of the Terms may cause Boon Platform Services (BPS) immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and Boon Platform Services (BPS) reserves the right to, in its discretion, immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to Boon Platform Services (BPS) in law or in equity, Boon Platform Services (BPS) may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.
42.Waiver of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY
43.Governing Law and Jurisdiction
This terms and conditions shall be governed and construed in all respects by the laws of the Supreme Court of Canada and the European Union GDPR regulation. You agree that any claim or dispute you may have against must be resolved by arbitration. You and Boon Platform Services (BPS) both agree to submit to the non-exclusive jurisdiction of the Supreme Court of Canada; for claims falling within the jurisdiction of a Canadian Courts, you and Boon Platform Services (BPS) both agree to submit to the jurisdiction of the Supreme Court of Canada.
Any dispute arising from these Terms and your use of the Services will be subject to Arbitration, without regards to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, hence it will be resolved by arbitration.
44.Termination by Boon30
Boon Platform Services (BPS) reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.
45.Termination by You as a User
You may terminate this Agreement by completely and permanently ceasing to use the Services (provided that there are no outstanding Services ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your Account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by this Agreement.
46.Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
47.Copyright License
Copyright (c) 2020(s) of first publication Boon Platform Services (BPS). Subject to the express provisions of these terms and conditions:
a)We, together with our licensors, own and control all the copyright and other intellectual property rights in Boon Platform Services (BPS) website and the material on our website; and
b)All the copyright and other intellectual property rights in Boon Platform Services (BPS) website and the material on our website are reserved.
48.Contact Us
If you have any questions about these Terms & condition, please contact us at support@boon30.com