Welcome to the TOBROCO Machinery, LLC website.
We ask that you abide by the terms and conditions below when you visit this website. Please read them carefully, because when you use our site, you automatically agree to them. We reserve the right to change the terms and conditions at any time. Each visit you make to this website will be subject to the terms and conditions then in effect. We reserve the right, in our sole discretion, to restrict, terminate or suspend access to this website for any reason without prior notice.
The graphic images, videos, photographs, files, buttons, text and other content contained in this website are the exclusive property of TOBROCO Machinery, LLC and, except for personal or internal use, may not be distributed, framed, mirrored, copied or displayed, or reproduced or transmitted, in any form, in whole or in part, or by any means, mechanical, electronic, photocopying, recording or otherwise, without the prior written permission of TOBROCO Machinery, LLC.
This website contains many of the valuable trademarks owned, licensed and used by TOBROCO Machinery, LLC throughout the world to distinguish its quality services and products. These trademarks, equipment designs and related proprietary property are protected from copying and simulation under national and international laws and are not to be copied or reproduced without the express written permission of TOBROCO Machinery, LLC.
Third-Party Trademark Information
At times, this website may contain various trademarks owned and used by third parties. Those trademarks are the property of their respective owners.
Limitation Of Liability/No Guarantee Of Information’s Accuracy
TOBROCO Machinery, LLC does not warrant the accuracy or completeness of the information, text, links, graphics and other items contained on this website or any other website. Thus, TOBROCO Machinery, LLC DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TOBROCO Machinery, LLC will periodically revise the information, services, products and resources contained in this website and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. IN NO EVENT SHALL TOBROCO Machinery, LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED IN THIS WEBSITE. The above disclaimer of liability applies to damages caused by any failure of performance, error, omission, interruption or delay, deletion or alteration, defect, unauthorized access or use, disabling device (virus, worm or other), theft or destruction under any cause of action.
No License(s) Granted
Except as expressly stated above, nothing contained herein shall be construed as conferring any license or right under any TOBROCO Machinery, LLC copyright, patent or trademark.
User-Generated Content, Submissions, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, images, photos, videos or other materials to us or this website (“ User-Generated Content”), you agree not to provide any User-Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited email, telephone calls, mailings or any other method of communication. TOBROCO Machinery, LLC shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content however TOBROCO Machinery, LLC desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium or technology throughout the world. TOBROCO Machinery, LLC is and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay to you any compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.
TOBROCO Machinery, LLC is not obligated to regularly review posted User-Generated Content but does reserve the right to monitor and edit or remove any User-Generated Content submitted to this website. You grant TOBROCO Machinery, LLC the right to use the name that you submit in connection with any User-Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User-Generated Content. You are and shall remain solely responsible for the content of any User-Generated Content you post to this website. TOBROCO Machinery, LLC and its affiliates take no responsibility and assume no liability for any User-Generated Content submitted by you or any third party.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USER GENERATED CONTENT MAY INCLUDE VIDEOS AND PHOTOS DEPICTING THE USE OF OUR PRODUCTS, AND COMMENTS OR SUGGESTIONS REGARDING USE OF OUR PRODUCTS. TOBROCO MACHINERY, LLC IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY FOR ALL USER-GENERATED CONTENT, INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY, PROPERTY DAMAGE, PERSONAL INJURY AND WRONGFUL DEATH. YOU ASSUME ALL LIABILITY AND THE RISK OF USING OR RELYING ON ANY USER-GENERATED CONTENT POSTED BY THIRD PARTIES AT THIS WEBSITE.
You agree to defend, indemnify and hold TOBROCO Machinery, LLC harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by TOBROCO Machinery, LLC arising out of any User-Generated Content you post or allow to be posted to this website.
IF YOU SUBMIT MATERIAL TO TOBROCO Machinery, LLC
All remarks, suggestions, ideas, graphics or other information that you communicate to TOBROCO Machinery, LLC through this website will become and remain the property of TOBROCO Machinery, LLC. You understand that this means:
- TOBROCO Machinery, LLC does not have to treat any such submission as confidential.
- You cannot claim any rights against TOBROCO Machinery, LLC for the use of the ideas you submit (including, but not limited to, product, manufacturing, engineering or advertising ideas).
- If TOBROCO Machinery, LLC uses your submissions (or anything like them), TOBROCO Machinery, LLC does not have to pay you or anyone else for them. TOBROCO Machinery, LLC will have exclusive ownership of all present and future rights to submissions of every kind.
- TOBROCO Machinery, LLC can use the submissions for any purpose, without compensating you or anyone else for them.
You acknowledge that you have full responsibility for the information you submit. You also acknowledge that TOBROCO Machinery, LLC is NOT liable for any claims that the information you submit violates any laws or infringes the rights of any third party including, without limitation, defamation, right of privacy or publicity, trademark, copyright or consumer protection.
Links to Third-Party Sites
The links on this website will let you leave the TOBROCO Machinery, LLC site. The linked sites are not under the control of TOBROCO Machinery, LLC, and TOBROCO Machinery, LLC is not responsible for the contents of any linked site or any link contained in a linked site. TOBROCO Machinery, LLC is providing these links to you only as a convenience, and the inclusion of any link is not an endorsement by TOBROCO Machinery, LLC of the site, the information contained on such site, or the products and services described on such site.
Used Equipment Disclaimer
All information, products and services related to Used Equipment that may be accessed through this website are provided “AS-IS” without warranty of any kind. TOBROCO MACHINERY, LLC HEREBY DISCLAIMS, TO THE EXTENT ALLOWED BY LAW, ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Any dispute or controversy arising out of or in connection with the use of this website shall be construed in accordance with the laws of the State of Iowa, USA, and the venue for the resolution of any such dispute or controversy shall be in the courts located in Polk County, Iowa USA.
It is the express policy of TOBROCO Machinery, LLC to comply with all applicable laws and regulations. TOBROCO Machinery, LLC products, software and technology are subject to U.S. Export Administration Regulations, U.S. Department of Treasury; Office of Foreign Asset Controls and other applicable U.S. export control laws and regulations and once exported, these products remain regulated by U.S. Export control laws.
Supply Chain Management Statement:
As part of our efforts to make a real impact in a progressing world, TOBROCO Machinery, LLC and its subsidiaries are committed to social responsibility. This includes adhering to internationally recognized child labor and human trafficking laws, and encouraging diversity and respect inside and outside the workplace. These expectations reflect the TOBROCO Machinery, LLC philosophy, which values principles and people.
We seek to do business with companies and people that share these values. While we do not use third parties to conduct reviews of our suppliers, or routinely perform unannounced audits of them, our team members regularly interact with and evaluate our suppliers, vendors and business partners. Our standard terms and conditions require these parties to comply with state, federal and international laws. While we do not directly train team members in our supply chain management on mitigating risks of slavery and human trafficking, every team member at TOBROCO Machinery, LLC is accountable for doing business honestly, and in a manner that is consistent with our philosophy. It’s yet another way our team at TOBROCO Machinery, LLC goes the extra mile to make a positive, global impact.
Copyright © 2020
TOBROCO Machinery, LLC
All Rights Reserved
What Types of Information and Data Does TOBROCO Collect, and When Does It Collect This Data?
TOBROCO collects various types of Personal Information, Equipment Data, and Operational Data. We collect this information when you provide it to us (whether directly, through our dealers and/or representatives, or from TOBROCO equipment) or when you use certain services provided by TOBROCO.
“Personal Information” is information that can be used to identify, locate, or contact you as a natural person, as well as other information about you that we tie to Personal Information. Personal Information that we collect includes, but is not limited to, the following types of information:
- “Contact Information” that allows us to identify and communicate with you, such as your name, phone number, address, email, and language preferences.
- “Relationship Information” that helps us understand who you are and what you want in order to offer you products and services that may interest you.
- “Transactional Information” about how you interact with us, our dealers and business partners, including purchases, services you request, customer service inquiries, and customer account information.
- “Financial Account Information” as needed to complete your purchases, such as credit card information and information about equipment financing and leasing activities.
“Non-Personal Information” is any information that does not identify a natural person and is not identifiable to a natural person, such as:
- Cookies and other tools used in a non-identifiable way;
- Anonymized information;
- Aggregated information; and
- Information about your business operations, including, but not limited to:
- Operation-specific data, such as location data, when kept in a non-identifiable way; and
- The name, form, and contact details of legal persons.
“Equipment Data” is data generated by, collected by, or stored in your equipment or any hardware or device interfacing with your equipment. Equipment Data includes the following information about your equipment: location, engine hours, fuel consumption, diagnostic information, and other equipment operation and status data.
“Operational Data” is data about how TOBROCO equipment, services, and accessories incorporated on the equipment are performing with respect to particular jobs or other information regarding a customer’s processes, operations, operators, jobs, job performance, and the work the customer performs with its TOBROCO equipment. It may also include information or data that is input by a customer into a system or service provided by TOBROCO. Accessories incorporated on the equipment include services, hardware, and software purchased or licensed by TOBROCO from third parties for incorporation in, with, or on TOBROCO equipment. TOBROCO equipment also includes certain equipment that is branded as “TOBROCO” or otherwise sold by TOBROCO or its dealers for use with other TOBROCO equipment, such as vacuum equipment and locator systems manufactured by third parties for or in conjunction with TOBROCO.
In addition to the methods described above, Personal Information, Non-Personal Information, Equipment Data, and Operational Data may be collected by TOBROCO from its authorized dealers and distributors as part of its standard business operations, to provide services to the authorized dealers and distributors, and as otherwise agreed pursuant to agreements between TOBROCO and such authorized dealers and distributors.
When data is described as “anonymized,” it means that the data is no longer associated with a particular person. When data is described as “aggregated,” it means that such information has been combined with other data in such a way that no person can be identified or linked to any specific action or information.
How TOBROCO Uses Your Information (the “Purposes”)
- To Complete Orders and Provide Requested Services. To fulfill orders for products or services, and for other services or purposes as you may request or direct, such as product delivery, maintenance, warranty service, financing, leasing or credit services.
- Product and Customer Support. To provide support services, including monitoring and managing the health of your equipment, to deliver upgrades and product improvement communications, and for diagnostics and repairs, product safety, and recalls.
- Marketing and Surveys. To communicate offers for products and services from TOBROCO or its dealers, suppliers, or partners, including offers based on your interests, personal and business characteristics and your location; to administer surveys, polls, sweepstakes, contest, loyalty programs and other promotional events; and to provide other information which may be of interest to you, such as TOBROCO company news, catalogs, announcements, reminders, and technical bulletins. Please contact us if you would not like to be contacted by TOBROCO for marketing purposes without being asked. We will provide you with the opportunity to opt-out of marketing information or market research inquiries.
- General Business Purposes. To provide and accomplish standard business tasks, such as payment processing, financial account management, product development, product safety, contract management, website administration, web-forum management, order or contract fulfillment, analytics, fraud prevention, corporate governance, reporting and legal compliance.
- As Disclosed at the Time of Collection. In any other manner that we may describe when you provide the information to us.
These Purposes may be necessary for TOBROCO to perform a contract to which you are a party, comply with a legal obligation to which TOBROCO is subject, protect the vital interests of TOBROCO or the interests of another natural person, or otherwise pursue legitimate business purposes and objectives of TOBROCO. TOBROCO may obtain your consent to process your Personal Information or Equipment Data, as necessary.
We use your Operational Data to help you do your job and to provide the specific services you have requested related to that Operational Data. The particular ways we use your Operational Data are set forth in the specific terms of service or contracts that you sign or accept related to the TOBROCO services that collect Operational Data. In general, TOBROCO and its data service providers may access your Operational Data in personally identifiable form only when necessary to provide our services or administer your account.
Because Non-Personal Information does not personally identify you, TOBROCO may use and disclose Non-Personal Information for any purpose. In some instances, TOBROCO may combine Non-Personal Information with Personal Information (such as combining your name with your location data). If TOBROCO combines any Non Personal Information with Personal Information, TOBROCO will treat the combined information as Personal Information.
In addition, TOBROCO reserves the right to use anonymized and aggregated Personal Information, Equipment Data, and Operational Data to improve its products and services, to create and publish reports, to conduct statistical analysis about our customers and equipment, and for other activities that do not result in the disclosure of your identifiable information.
When Will TOBROCO Disclose Your Information, and Who May Receive It?
TOBROCO is committed to being transparent regarding the manner in which we use and disclose your information. We may disclose and share your information as follows:
- We may share Personal Information, Equipment Data, and Operational Data with our affiliated companies, our suppliers, authorized dealers and distributors, and business partners, as needed to accomplish, and consistently with, the Purposes set forth above, or as you authorize or request.
- We may also share Personal Information, Equipment Data, and Operational Data with our service providers to fulfill the Purposes on our behalf. Our service providers are bound by law or contract to treat your information and data with the same level of protection that we do and to only use it in accordance with our instructions.
- We may disclose Personal Information, Equipment Data, and Operational Data where needed to affect the sale or transfer of business assets, to enforce our rights, protect our property, or protect the rights, property, or safety of others, or as needed to support external auditing, compliance, and corporate governance functions.
- We will also disclose Personal Information, Equipment Data, and Operational Data when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the countries where we operate.
We understand that your Operational Data is particularly important to your success. For that reason, we do not share your Operational Data in a non-anonymized or non-aggregated form with any parties that are not directly involved in providing services directly to you without your express consent.
As noted above, TOBROCO reserves the right to use and disclose anonymized and aggregated Personal Information, Equipment Data, and Operational Data to improve its products and services, to create and publish reports, to conduct statistical analysis about our customers and equipment, and for other activities that do not result in the disclosure of your identifiable information.
How Long Will TOBROCO Keep your Information?
TOBROCO keeps different kinds of personal data for different lengths of time, depending on the Purposes for which they are processed and the unique circumstances of your situation. TOBROCO will hold your Personal Information as long as necessary for the relevant Purpose. For more information on the TOBROCO data-retention policy and how long your data might be retained, please contact us (information provided below).
Website Data Collection, Cookies, and Similar Technology
When you visit our website or use our mobile applications, we collect certain information by automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons.
For example, when you visit our website, we place cookies on your computer. Cookies are small text files that websites send to your computer or other internet-connected devices to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and enable us to detect certain kinds of fraud. We may also use Adobe Flash Cookies, Microsoft Silverlight, and similar technologies which remember your settings, preferences, and usage in a manner similar to browser cookies to personalize and enhance your online experience, but which are not managed through your browser. To manage your Flash and Silverlight cookies, please see Adobe’s and Microsoft’s websites.
Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow us to measure responses to our communications and improve our web pages and promotions.
We collect many different types of information from cookies and other technologies. For example, we may collect information about the device you use to access our website, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also may record the IP address or derivative of the device you use to connect to the internet. An IP address is a unique identifier that devices use to identify and communicate with each other on the internet. We may also collect information about the website you were visiting before you came to TOBROCO and the website you visit after you leave our site.
TOBROCO has relationships with third-party advertising companies to perform tracking and reporting functions for our web processing. These third-party advertising companies may place cookies on your computer so they can display targeted advertisements to you. These third-party advertising companies should not collect Personal Information in this process, and we do not give Personal Information to them as part of this process.
Your Choices and Data Control
You can limit the information you provide to TOBROCO. You can also limit the communications that TOBROCO sends to you. To opt-out of marketing emails, you can visit our website and communicate your choice to the relevant privacy contact. Alternatively, you may opt-out of receiving future marketing emails by clicking “unsubscribe” at the bottom of marketing emails we send you.
Please note that even if you opt-out of receiving marketing material, we may still need to contact you with important Transactional Information about your account or your equipment. For example, even if you opt-out of marketing emails, we will still send you a confirmation when you purchase something from us as well as product safety communications.
You can manage cookie preferences and opt-out of having cookies and other similar collection technologies used by adjusting the settings on your browser or interface, commonly known as “Do Not Track” settings. All browsers and interfaces are different, so visit the “help” section of your browser or interface to learn about cookie preferences and other privacy settings that may be available. You can manage how your mobile device and mobile browser share location information with TOBROCO, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings. In general, TOBROCO complies and requests that all of its service providers comply with your “Do Not Track” settings you select using your internet browser(s).
TOBROCO complies with applicable law regarding your ability to access, correct, and delete your Personal Information. If you have an online account, you may be able to log into your account to access and update certain information you provided to us. For Personal Information that is not linked to an online account, for assisting in opting-out of communications, or if you need assistance updating or deleting your Personal Information, please contact us via email at email@example.com. You can also write us at the address in the How to Contact Us section below. If you send us a letter, please provide your name, address, email address, and detailed information about the change you would like to make.
For EU Residents:
The General Data Protection Regulation (“GDPR”), particularly Articles 15 to 21, affords you a number of rights as a data subject. TOBROCO encourages you to read and learn about those rights on your own. However, the following will help you to begin to understand those rights.
- The Right to Access: This allows you to request from TOBROCO information about your Personal Information, including what data TOBROCO has and how and why it is being processed.
- The Right to Rectification: In the event that some or all of the Personal Information that TOBROCO has concerning you is inaccurate, this gives you the right to have those inaccuracies rectified.
- The Right to Erasure: In some cases, you may have the right to request that TOBROCO erase your Personal Information that it has in its possession.
- The Right to Restriction of Processing: This gives you the right, in some circumstances, to have TOBROCO process your Personal Information only with your consent.
- The Right to Object to Processing: Where TOBROCO is processing your Personal Information on the grounds of its legitimate interests, or to carry out tasks in the public interest or to exercise official authority, you have a right to object to the processing on grounds relating to your particular situation. In cases where you object to TOBROCO processing of your personal data for direct marketing purposes, the processing will cease.
- The Right to Data Portability: This allows you to request from TOBROCO a copy of your Personal Information that it has on file and to transfer that information to someone else without any interference from TOBROCO. In some cases, you may be able to request that TOBROCO transfer your Personal Information directly to a third party on your behalf.
In addition, to the extent that TOBROCO processes any of your Personal Information on the basis of your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing that was based on your consent before its withdrawal.
If you are a natural person residing in the EU and at any time you believe TOBROCO has violated one of your rights listed above, or if you believe TOBROCO is in violation of one or more of the provisions of the GDPR, you have the right to lodge a complaint with a Data Protection Authority. More information about the Data Protection Authorities can be found at https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en.
Information and Data Security
TOBROCO has implemented an information and data security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information, Equipment Data, and Operational Data.
Transfer of Information, Transfers to Other Countries
Privacy Policies of Third Parties
TOBROCO does not intend to collect Personal Information from children aged 18 and under on our website. If you believe that your child is using our website, please contact us at firstname.lastname@example.org so we can investigate and delete any inappropriate information.
Forums and Plug-Ins to Social Media and Other Third-Party Services
Our website may contain forums, bulletin boards, and other areas where you can publicly post product reviews, communicate with others, and submit media content. You have no privacy rights in any public postings. All information you post will be accessible to anyone with internet access, and any Personal Information that you include in your posting may be read, collected, and used by others. For example, if you post your email address along with a product review, you may receive unsolicited messages. Use caution and good judgment when posting any Personal Information.
In addition, TOBROCO websites may also contain links, plug-ins, APIs, and other tools that enable you to share content on our website or your own content through third-party social media or other services (such a Facebook, Twitter, Google+, and other services). All use of such third-party services, including through links found on our website, shall be considered public information and shall be subject to the terms and conditions of such third-party services.
Amendments and Changes
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us using the information below.
How to Contact Us
TOBROCO Machinery, LLC
Attn: Privacy, Legal Department
725 Ida St., Cedar Falls, IA 50613
Last Updated: May 14th 2020
TOBROCO Machinery LLC is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. Our goal is to enable all of our customers to successfully transact business through our website and access all of our digital offerings.
We are actively taking steps and devoting resources to further enhance the accessibility of our website to meet or exceed applicable standards. This work is ongoing and as we continue to strive toward our goal of promoting accessibility, we welcome your feedback on how we might improve.
If, at any time, you are experiencing difficulty with any content on www.tobroco-giant.us or require assistance with any part of our site, please contact customer service and we will be happy to assist.