Terms of Service

Terms & Conditions

This End User Licensing Agreement for Prospect Boomerang, L.L.C. – and Services Agreement (“Agreement”) is by and between Prospect Boomerang, L.L.C. –DBA Prospect Boomerang (“Prospect Boomerang” and includes all products and entities related to such business including but not limited to Redwood Recruiting, C.R.E.C, the membership site known as prospectboomerang.com, Sexy Real Estate Recruiting Podcast, and Broker’s Open Podcast which shall be collectively known as “Prospect Boomerang”) all of which are part of this Florida Corporation and You, your heirs, agents, staff, successors, and assigns (collectively “You”), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Prospect Boomerang website (“Software”) and forms, documents, videos, coaching products (“Services”) and explains Your rights as related to Your limited exclusive use of these products Prospect Boomerang’s obligations to You and Your obligations to Prospect Boomerang in relation to the terms of use of this Software and Services You purchase (which is defined as continuous use of during Your term as a subscriber). These rights are non-transferable and exclusively for the use of the members who are appropriately registered with Prospect Boomerang. Any other use shall be considered a violation of this agreement and it is further acknowledged that the materials are copyrighted and unauthorized use is prohibited and no duplication shall be permitted without express written permission of Prospect Boomerang.

This Agreement as well as any additional Prospect Boomerang policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Prospect Boomerang concerning Your use of Prospect Boomerang’s Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All Prospect Boomerang policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference, including the dispute procedure. By purchasing Prospect Boomerang’s Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Prospect Boomerang may establish from time to time, and any agreements that Prospect Boomerang is currently bound by or will be bound by in the future. You may view the latest versions of these Agreements on this here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into by anyone who uses the Software and Services which is an employee of Yours at the time of execution of this agreement with Prospect Boomerang, whether or not the actions were Your behalf.

GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES

TERM OF AGREEMENT; MODIFICATIONS.

You agree that Prospect Boomerang may modify this Agreement and the Services from time to time. You agree to be bound by any changes Prospect Boomerang may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from Prospect Boomerang, the term of this Agreement shall continue in full force and effect as long as You pay and take advantage of and use the Software or Services. In the event You terminate Your usage, Prospect Boomerang will not refund any amounts You have paid. You agree that Prospect Boomerang shall not be bound by any representations made by third parties who You may use to purchase Services from Prospect Boomerang, and that any statement of a general nature, which may be posted on Prospect Boomerang’s web site or contained in Prospect Boomerang’s promotional materials, will not bind Prospect Boomerang. Prospect Boomerang may, at times, offer certain promotions with different charges and features.

You agree that You will be responsible for notifying Prospect Boomerang should You desire to terminate Your use of Prospect Boomerang’s Services. Notification of Your intent to terminate must be provided to Prospect Boomerang no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date.

ACCURATE INFORMATION.

You agree to maintain accurate information by providing updates to Prospect Boomerang, as needed, while You are using Prospect Boomerang’s Services. You agree You will notify Prospect Boomerang within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Prospect Boomerang to determine the validity of information provided by You will constitute a material breach of this Agreement.

You agree that Prospect Boomerang may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Prospect Boomerang’s Privacy Policy. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Prospect Boomerang has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Prospect Boomerang has the absolute right, in its sole discretion, to terminate its Services and close Your account.

PRIVACY.

You can view Prospect Boomerang’s Privacy Policy here, which is incorporated herein by reference, as it is applicable to all Prospect Boomerang Software and Services. The Privacy Policy provides Your rights and Prospect Boomerang, L.L.C. – DBA -Prospect Boomerang’s responsibilities with regard to Your personal information. Prospect Boomerang, L.L.C. – DBA -Prospect Boomerang’s will not use Your information in any way inconsistent with the purposes of doing business together and offering further services to potentially be provided that may be desirable to You as defined by Prospect Boomerang, L.L.C. DBA- Prospect Boomerang.

ACCOUNT SECURITY.

You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the “Account Access Information”). For security purposes, Prospect Boomerang recommends that You change Your password at least every six (6) months, for every Prospect Boomerang account, subject to Prospect Boomerang’s password guidelines. You agree You’re entirely responsible for any and all activities that occur under Your account and the Accounts of your employees. You agree to notify Prospect Boomerang immediately of any unauthorized use of Your account or any other breach of security. You agree Prospect Boomerang will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Prospect Boomerang or another party due to someone else using Your Account Access Information. You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Prospect Boomerang specifically disclaims liability for any activity in Your account, whether authorized by You or not.

NO UNLAWFUL CONDUCT OR IMPROPER USE.

As a condition of Your use of Prospect Boomerang’s Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Prospect Boomerang if, for any reason, Prospect Boomerang takes corrective action with respect to Your improper or illegal use of its Services.

Prospect Boomerang reserves the right at all times to disclose any information as Prospect Boomerang deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Prospect Boomerang’s sole discretion.

If You have purchased Services, Prospect Boomerang has no obligation to monitor Your use of the Services. Prospect Boomerang reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Prospect Boomerang reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

Prospect Boomerang reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Prospect Boomerang or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

Except as set forth below, Prospect Boomerang may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by Prospect Boomerang in its sole discretion, in association with any activities that are found to be contradictory to Prospect Boomerang, L.L.C. – DBA -Prospect Boomerang’s business philosophies. Morally objectionable activities will include, but not be limited to:

activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;

activities prohibited by the laws of the United States and/or foreign territories in which You conduct business;

activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;

activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;

activities designed to impersonate the identity of a third party;

illegal access to other computers or networks

distribution of Internet viruses or similar destructive activities;

activities designed to harm or use unethically minors in any way; and

activities associated with the sale or distribution of prescription medication without a valid prescription .

Notwithstanding anything to the contrary herein, in the event Prospect Boomerang cancels Your Services during the first thirty (30) days after You will receive no refund. You agree You will not be entitled to a refund of any fees paid to Prospect Boomerang if, for any reason, Prospect Boomerang takes corrective action with respect to Your improper or illegal use of its Services.

INTELLECTUAL PROPERTY.

You agree Prospect Boomerang or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.

You understand and agree that all content and materials contained with in the site and distributed via the Software and Services (including but not limited to Prospect Boomerang, L.L.C. – DBA -Prospect Boomerang’s web site, and any affiliated web sites, are protected by the various copyright, trademark(s), service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Prospect Boomerang or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials without the express written permission of Prospect Boomerang. Further, No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise for the resale, repurposing, or redistribution for any reason without express written consent.

USE OF Prospect Boomerang SOFTWARE/SERVICES.

If You have applied for and been granted access to via Subscription for the use of the Software and/or Services of Prospect Boomerang, L.L.C. – DBA -Prospect Boomerang’s, then Prospect Boomerang, L.L.C. – DBA -Prospect Boomerang’s grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two (2) or more computers at one time.

Prospect Boomerang reserves all rights to the Software and Services. The Software and any copies You are authorized to make are the intellectual property of Prospect Boomerang for Your use during the term of Your subscription. This Agreement does not grant You any ownership rights in the Software and Services (or materials associated with such Software and Services) and all rights are reserved.

In the event YOU as a “Participant” subscriber (defined as the individual or as a company paying multiple subscriptions on behalf of others) agree to adhere to the limitations of quality of membership level(s) as shown on the Membership page of the prospectboomerang.com site.

PROSPECT BOOMERANG PROVIDES THIS SOFTWARE “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

FEES AND PAYMENT.

As consideration for the Software or Services purchased by You and provided to You by Prospect Boomerang, You agree to pay Prospect Boomerang at the time You order and monthly as disclosed on the website. All fees are due immediately and reoccurring as disclosed and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Prospect Boomerang expressly reserves the right to modify pricing through email notification and/or notice on its web site. Payment may be made by You by Express Checkout if available, by a valid credit card, or debit card except as prohibited in any product specific agreement.

Confirmation of your order and the choice of your payment selection will be sent to the email address provided. Your Payment Method on file must be kept valid if You have any active products in Your account. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month, in which case Your billing date will be the 28th of each month. If You signed up for an annual payment plan, and You elected the automatic renewal option, Prospect Boomerang will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Prospect Boomerang, at Prospect Boomerang’s then current rates.

If for any reason Prospect Boomerang is unable to charge Your Payment Method for the full amount owed Prospect Boomerang for the Services provided, or if Prospect Boomerang is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Prospect Boomerang may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Prospect Boomerang is unable to charge Your credit card with the full amount of the Services provided, or if Prospect Boomerang is charged back for any fee it previously charged to the credit card You provided, You agree that Prospect Boomerang may pursue all available remedies in order to obtain payment. You agree that among the remedies Prospect Boomerang may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of all subscription included on that payment method. Prospect Boomerang reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. You may change Your Payment Method at any time by logging into Your Account Manager. For Prospect Boomerang Marketplace orders where payment has not been received or Prospect Boomerang has received a chargeback for any portion of the transaction, You understand that in addition to any administrative fees Prospect Boomerang may charge for the handling of the chargeback and also may also pursue all available lawful remedies to collect payment plus applicable fees.

While all transactions are processed in US dollars, Prospect Boomerang may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Prospect Boomerang makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price and the price paid and any subsequent refund. In addition, You may be charged VAT, GST or other localized taxes, based on the country indicated in Your billing address section.

(A) Pay by PayPal –when available –

By using Prospect Boomerang’s pay by PayPal payment option (“PayPal”), You can purchase Prospect Boomerang Software and Services using PayPal. In consideration for the Software and Services purchased by You and provided to You by Prospect Boomerang, You agree to allow PayPal to debit the full amount of Your purchase from Your PayPal account (“PayPal Account”) or from the credit card(s), debit card(s), bank account(s), or other allowed payment method(s) linked to Your PayPal Account (“PayPal Funding Source”).

It is Your responsibility to keep Your PayPal Account and PayPal Funding Source current and funded, and Your PayPal Account backed by a valid credit card. You agree that PayPal and Prospect Boomerang will not be responsible for payments that fail to go through as a result of Your PayPal Account or PayPal Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for Your purchase, You agree that PayPal and Prospect Boomerang may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of twenty-five dollars ($25.00) or the maximum amount allowed by law, which may be debited from Your PayPal Account or PayPal Funding Source.

By clicking the box labeled “I agree” to the terms of the PayPal payment option, You authorize a debit of the full amount of Your purchase from Your PayPal Account or PayPal Funding Source.

REPRESENTATIONS AND WARRANTIES.

You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are eighteen (18) years of age or older, or that You have an agent authorized by law to represent You who is eighteen (18) years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name.

Prospect Boomerang expressly reserves the right to deny, cancel or transfer any subscription that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Prospect Boomerang, as well as its affiliates, subsidiaries, officers, directors and employees. Prospect Boomerang also reserves the right to freeze a subscription during resolution of a dispute.

LIMITATION OF LIABILITY .

IN NO EVENT SHALL CONTENT BOOMERANG BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF CONTENT BOOMERANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Prospect Boomerang’s liability is limited to the full extent permitted by law. You agree that in no event shall Prospect Boomerang’s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from Prospect Boomerang.

DISCLAIMER OF WARRANTIES.

CONTENT BOOMERANG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE TYPE OF REAL ESTATE MODEL OR COMPANY, AND NON-INFRINGEMENT. SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONTENT BOOMERANG MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CONTENT BOOMERANG DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Prospect Boomerang and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Prospect Boomerang whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Prospect Boomerang or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Prospect Boomerang harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of You elsewhere by Prospect Boomerang. Should Prospect Boomerang be notified of a pending law suit, or receive notice of the filing of a law suit, Prospect Boomerang may seek a written confirmation from You concerning Your obligation to indemnify Prospect Boomerang. Your failure to provide such a confirmation may be considered a breach of this Agreement by You. You agree that Prospect Boomerang shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Prospect Boomerang of any such claim promptly in writing and to allow Prospect Boomerang to control the proceedings. You agree to cooperate fully with Prospect Boomerang during such proceedings.

You agree to cooperate fully with Prospect Boomerang during such proceedings. You agree You will not be entitled to a refund of any fees paid to Prospect Boomerang if, for any reason, Prospect Boomerang takes corrective action with respect to Your improper or illegal use of its Services. You also agree that if Prospect Boomerang is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding the use of Prospect Boomerang Software or Services, that Prospect Boomerang, in its sole discretion, may take whatever action Prospect Boomerang deems necessary regarding further modification, assignment of and/or control of Your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

You hereby grant and authorize Prospect Boomerang, L.L.C., and it assigns the right to take, edit, alter, copy, exhibit, publish, distribute, and make use of any and all pictures or videos taken of me by Prospect Boomerang, L.L.C. to be used legally in and for any legal promotional materials including but not limited to newsletters, enewesletters, flyers, posters, brochures, advertisements (digital or otherwise), fundraising, letters, annual reports, press kits, including submissions to journals, websites, social networking sites, Prospect Boomerang subscription site videos/audio etc., and other print and digital communications without payment or any other consideration. Further, this authorisation extends to all languages media formats and markets now known or hereafter devised. This authorization shall continue indefinitely unless otherwise revoked by You in writing and delivered via written notice as provided for by this agreement. I understand and agree that these materials shall become property of Prospect Boomerang, L.L.C., and it’s assigns and will not be returned. You hereby hold harmless and release Prospect Boomerang, L.L.C. and it’s assigns from all liability petitions and cause of action which may arise from the use of these materials.

GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.

This Agreement shall be deemed entered into in the State of Florida. Except for disputes concerning the user of Software and Services offered by Prospect Boomerang, You agree that the laws and judicial decisions of Hillsborough, County, Florida, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Hillsborough County, Florida. You further agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

NOTICES.

You agree that all notices (except for notices concerning breach of this Agreement) from Prospect Boomerang to You may be emailed to you. Notices concerning breach will be sent either to the email or postal address You have on file with Prospect Boomerang. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Prospect Boomerang shall be made either by email, sent to the address provided on the Prospect Boomerang web site, or first class mail to Prospect Boomerang’s address at:

Prospect Boomerang, L.L.C., DBA-Prospect Boomerang

Attn: Support

2652 Tanglewood Trail

Palm Harbor, FL. 34685

ENTIRE AGREEMENT.

You agree this Agreement constitutes the complete and only Agreement between You and Prospect Boomerang regarding the Software and Services contemplated herein.

SEVERABILITY.

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

WAIVER.

The failure of Prospect Boomerang to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Prospect Boomerang thereafter to enforce such provisions.

FORCE MAJEURE.

Prospect Boomerang will make every effort to keep its web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Prospect Boomerang liable for any of the consequences of such interruptions.

SURVIVAL.

The Terms of this Agreement which can legally survive the termination or cancellation of this agreement shall survive.

NO THIRD PARTY BENEFICIARIES.

Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

and

Privacy Policy

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PRIVACY NOTICE

Last updated January 01, 2020

Thank you for choosing to be part of our community at Prospect Boomerang, L.L.C. (“Company,” “we,” “us,” or “our“). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at support@prospectboomerang.com.

This privacy notice describes how we might use your information if you:

Visit our website at prospectboomerang.com

Engage with us in other related ways ― including any sales, marketing, or events

In this privacy notice, if we refer to:

“Website,” we are referring to any website of ours that references or links to this policy

“Services,” we are referring to our Website, and other related services, including any sales, marketing, or events

The purpose of this privacy notice is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

Please read this privacy notice carefully, as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

5. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

8. DO WE COLLECT INFORMATION FROM MINORS?

9. WHAT ARE YOUR PRIVACY RIGHTS?

10. CONTROLS FOR DO-NOT-TRACK FEATURES

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

12. DO WE MAKE UPDATES TO THIS NOTICE?

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

14. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; usernames; passwords; contact preferences; contact or authentication data; debit/credit card numbers; and other similar information.

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe. You may find their privacy notice link(s) here: https://stripe.com/privacy.

Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the information described in the section called “HOW DO WE HANDLE YOUR SOCIAL LOGINS?” below.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.

We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).

Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.

Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed “HOW DO WE HANDLE YOUR SOCIAL LOGINS?” for further information.

To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at support@prospectboomerang.com and be sure to include your name, testimonial location, and contact information.

Request feedback. We may use your information to request feedback and to contact you about your use of our Website.

To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.

To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).

To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.

To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.

Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.

To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.

To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS?” below).

Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Place API). To find out more about Google’s Privacy Policy, please refer to this link. We obtain and store on your device (‘cache’) your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

5. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.

Our Website offers you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform.

We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Website. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than six (6) months past the termination of the user’s account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

8. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at support@prospectboomerang.com.

9. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you have questions or comments about your privacy rights, you may email us at support@prospectboomerang.com.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

Access your account settings and update your preferences.

10. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

Category	Examples	Collected
A. Identifiers	Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name	NO
B. Personal information categories listed in the California Customer Records statute	Name, contact information, education, employment, employment history and financial information	YES
C. Protected classification characteristics under California or federal law	Gender and date of birth	NO
D. Commercial information	Transaction information, purchase history, financial details and payment information	NO
E. Biometric information	Fingerprints and voiceprints	NO
F. Internet or other similar network activity	Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements	NO
G. Geolocation data	Device location	YES
H. Audio, electronic, visual, thermal, olfactory, or similar information	Images and audio, video or call recordings created in connection with our business activities	NO
I. Professional or employment-related information	Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us	YES
J. Education Information	Student records and directory information	NO
K. Inferences drawn from other personal information	Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics	YES

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

Receiving help through our customer support channels;

Participation in customer surveys or contests; and

Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at support@prospectboomerang.com, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data.

Prospect Boomerang, L.L.C. has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Prospect Boomerang, L.L.C. will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data – Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed – Request to know

Depending on the circumstances, you have a right to know:

whether we collect and use your personal information;

the categories of personal information that we collect;

the purposes for which the collected personal information is used;

whether we sell your personal information to third parties;

the categories of personal information that we sold or disclosed for a business purpose;

the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

you may object to the processing of your personal data

you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data

you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by email at support@prospectboomerang.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

12. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at support@prospectboomerang.com or by post to:

Prospect Boomerang, L.L.C.

2652 Tanglewood Trail

Palm Harbor, FL 34685

United States

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here.

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This privacy policy was created using Termly’s Privacy Policy Generator.

Our website address is: http://www.prospectboomerang.com.