Privacy Policy
Please note that the practices of The Rush Market, LLC, and Rush ReCommerce, LLC, and its affiliates and subsidiaries (collectively, “Rush”, “we”, “us” or “our”), with respect to data collected and used by Rush in connection with this website (the “Site”) and any Rush Mobile Application (the “Mobile Application”) are governed by this privacy policy (“Privacy Policy”) as amended from time to time, and not the privacy policy in effect at the time the data was collected. This Privacy Policy sets forth the nature, purpose, use and sharing of any information that identifies or can be used to identify you that Rush collects on its Sites or through the Mobile Application (“Personal Information”). Personal Information does not include any information that Rush uses to identify you in its system, such as your username. Except as otherwise expressly provided herein, this Privacy Policy does not govern privacy practices associated with offline activities, activities that occur in any Rush store, websites other than the Site, applications other than the Mobile Application, or practices of third parties that we do not own or control, such as our partners, third party service providers featured on the Site or through the Mobile Application, or advertisers. If you have objections to the Privacy Policy, you should immediately discontinue use of the Site and the Mobile Application.
The Site and Mobile Application are intended for adult audiences only, and Rush does not knowingly collect any Personal Information from anyone under 13 years of age. If you are under age 13, please do not attempt to register for the Site, access the Mobile Application or provide any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from a child under the age of 13, please contact us immediately.
The Site and Mobile Application may contain or provide links to other sites at which Personal Information is collected. Additionally, you may be able to access the Site or Mobile Application from other sites or through other applications or devices on which you will be required to provide Personal Information. In such instances, unless expressly provided to the contrary, the collection and use of your Personal Information will be governed by the privacy policy applicable to each site, application or device. That privacy policy should identify the entity that is collecting your Personal Information.
CHANGES IN PRIVACY POLICY
Except as otherwise expressly provided herein, any Personal Information that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. Rush may change the Privacy Policy from time to time at its sole discretion or in response and for the purpose of complying with new laws or regulations. If as the result of such changes you want to alter the ways in which Rush is allowed to use your Personal Information, you can do so by following the procedure described in the section entitled “Updating Your Personal Information and Privacy Preferences.” You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy after such changes have been posted. However, if Rush sells assets or is acquired by or merged with another entity, you agree that Rush may provide to such entity customer information without obtaining your further consent. Rush may provide notice of such asset sales, acquisitions, or mergers on this Site.
COLLECTION OF PERSONAL INFORMATION
Personal Information on this Site and through the Mobile Application is collected by Rush. You may be required to register on the Site in order to access certain services. During the registration process for the Site, you will be required to provide us with your name, email address, and other information that we may request. During the registration process for the Mobile Application, you will be required to provide us with your name, e-mail address, zip code and password that you have created. You can choose to provide us with additional optional Personal Information in your profile, including your mailing address and phone number. If you do not provide the mandatory data required at registration, you will not be able to access the Mobile Application or use the services offered only to registered members of the Site (the “Services”). Similarly, if you wish to delete your mandatory Personal information (pursuant to the mechanism set forth in “Updating Your Personal Information and Privacy Preferences and Reporting Privacy Complaints”), you will no longer be able to use the Mobile Application or the Services.
As a visitor to the Site, you can engage in certain activities without providing any Personal Information. Nonetheless, when you use the Site or the Mobile Application, Rush may collect certain information about your computer or mobile device to facilitate, evaluate and verify your use of the Site and Mobile Application. For example, we may log environmental variables, such as browser type, operating system, CPU speed, referring or exit webpages, click patterns, Session ID (a unique identifier assigned to the browser in connection to the Site), and the Internet Protocol (IP) address of your computer. Rush also uses such information to measure traffic patterns on the Site. We do not match such information with Personal Information held about you by Rush unless we have your consent, except as otherwise described in this Privacy Policy.
By using this Site or the Mobile Application, you agree and acknowledge that with respect to certain activities, the collection, transfer, storage, and processing of your information may be undertaken by trusted third party vendors or agents of Rush, such as web hosting providers, providers of mobile application platforms, and mail and email service providers, to assist Rush in providing certain functions. We do not, however, share such information with any third-party vendors for commercial use by such vendors, except as otherwise provided herein.
In order to reduce errors in our database, authenticate our users, prevent fraud and prevent abuse of our Site and Mobile Application, as well as to provide more consistent, relevant experiences to our users, we may on occasion supplement or correct the Personal Information you submit to us and your Internet Protocol (IP) address with information in our other databases or information from third-party sources.
HOW YOUR PERSONAL INFORMATION IS USED
Rush collects and uses your information for internal purposes only or to further facilitate your participation and activities with Rush, your activities on the Site and in connection with the Mobile Application, including for the offering of products and services, billing, identification, authentication, services improvement, contact purposes and general research. Your Personal Information may be used to track customer preferences in order to provide a customized Site or Mobile Application experience and keep you informed about products, special offers, and other services of Rush and selected third party providers of products and services, unless you have opted not to receive such communications or such communications are prohibited by law. We may also provide your Personal Information to other third-party service providers with whom we contract in order to provide additional services that you may seek based on your use of the Site or the Mobile Application.
In order to better understand your preferences and to better serve you, Rush may combine information you provide on the Site or through the Mobile Application with other information obtained from Rush sources, transactions and communications. This may include data from Rush stores, direct mail, digital marketing or other events. Rush may also combine that information with data that is publicly available and data that Rush may receive from other reputable sources.
In addition to the uses described above, Rush may use the information it collects to: (a) send you administrative messages and information about Rush which it believes you may be interested; (b) communicate with you about Rush’s products and events, or for other promotional purposes, (c) improve its business; or (d) administer contests, promotions, surveys or other features.
Rush may collect information about the use of the Site and the Mobile Application, such as what pages visitors access, the number of visits, average time spent on the Site or in the Mobile Application and other similar factors. This information is generally collected in aggregate form, without identifying any user individually, although IP address and Session ID in relation to downloads may be tracked as part of Rush’s fraud prevention efforts. Other exceptions to this, where an individual may be identified individually, are noted in this Privacy Policy or in additional privacy terms connected to a specific product or website.
CONTRIBUTIONS TO THE SITE
You may elect to make certain contributions to the Site or in the Mobile Application, outside the regular registration process. This Privacy Policy does not govern the nature, purpose, use and sharing of any Personal Information that you voluntarily submit as part of a User Contribution, and Rush hereby disclaims any and all liability arising out of or in any way related to the disclosure of Personal Information as part of a User Contribution.
YOUR CHOICES WITH RESPECT TO PERSONAL INFORMATION
Rush recognizes and appreciates the importance of responsible use of information collected on the Site and through the Mobile Application. Rush will respect your legal rights regarding access to, and correction and deletion of, your Personal Information. Rush may communicate information to you regarding products, services, and special offers available from Rush or from third parties featured on the Site and through the Mobile Application, unless you have opted not to receive such communications or such communications are prohibited by law, although in such cases we may find it necessary to continue to communicate with you regarding your use of the Site or Mobile Application. In addition, you may receive communications and special offers from selected third party service providers (or from Rush on behalf of such providers). Except in the particular circumstances described in this Privacy Policy, Rush will not provide your name to other companies or organizations without your consent.
DISCLOSURE OF PERSONAL INFORMATION IN LEGAL PROCEEDINGS
There are other instances in which Rush may divulge your Personal Information without your consent. In instances where Rush is requested by law enforcement officials or judicial authorities to provide Personal Information on individual users as required by law, regulation, or litigation such personal information may be provided without your consent or legal process. Rush will also provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in case of a breach of an agreement or contravention of law, or in litigation involving Rush, or otherwise required by law.
We may also disclose Personal Information to assist in debt collection where you owe a debt to us.
TRACKING, USE OF COOKIES, WEB BEACONS AND SIMILAR DEVICES
In order to improve our Services, the Site and Mobile Application and provide more convenient, relevant experiences to our customers, we and our agents may use “cookies,” “web beacons,” and similar devices to track your activities. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables Rush to record your passwords and preferences. It cannot be executed as code or deliver viruses. A web beacon is a small transparent .gif image that is embedded in an HTML page or email used to track when the page or email has been viewed.
Most browsers are initially set to accept cookies, and most services that include similar devices are typically initially activated to collect data. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies or similar devices will probably not be able to access those pages or the related Services.) Information about non-cookie tracking devices and their features, including disabling options, are contained in the information materials provided with such Services or on Site pages relating to such Services.
We may ask you to provide information of others such as when reporting suspected piracy. In this instance, we will ask for the person’s or company’s name and contact information so that we may investigate. Personal Information supplied in these instances will only be used for the purpose being submitted.
Rush also hires other companies to place our banner ads on other websites. Such companies perform tracking and reporting activities on ads served and user reaction (“Third-party Advertisement Servers”). They do not collect any information other than IP addresses and behaviors associated with those IP addresses on our behalf, and we do not give any Personal Information to them. Third-party Advertisement Servers are subject to their own privacy policies. Rush may also allow other companies to display advertisements on certain portions of the Mobile Application, on certain pages of the Site or within the Services. If you click on these advertisements these companies may place a persistent cookie on your computer which may allow them to display further advertisements to you. It is our policy to require these companies to provide accessible methods for you to disable these cookies. Should you have any complaints about the practices of any of these companies you should contact Rush.
INTERNATIONAL USERS
The Site and Mobile Application are intended for users in the United States and those not governed by privacy policies of other countries. Users outside the United States are advised not to disclose Personal Information to Rush. You should not provide Rush with any Personal Information unless you consent to the application of United States law and, where applicable, Nebraska law, and to the use and disclosure of your information in accordance with the terms of this Privacy Policy.
UPDATING YOUR PERSONAL INFORMATION AND PRIVACY PREFERENCES
You have the right to access, correct and delete inaccuracies in your Personal Information and privacy preferences at any time. You may also access and correct your Personal Information and privacy preferences by writing Rush at:
Rush ReCommerce
3555 Farnam St. Suite 201
Omaha, NE 68131
or email us at info@rushrecommerce.com
In your correspondence, please indicate with as much detail as possible the location on this Site or otherwise where you provided your Personal Information, if applicable. You may expect a response within thirty (30) days.
PRIVACY COMPLAINTS
Rush takes its users’ privacy concerns seriously. If you believe that Rush has not complied with this Privacy Policy with respect to your Personal Information, you may write to Rush at the following address:
Rush ReCommerce
3555 Farnam St. Suite 201
Omaha, NE 68131
or email us at info@rushrecommerce.com
Also, please note that Rush is not responsible for the content or privacy practices of non-Rush websites to which this Site, the Mobile Application or any other Rush website or application may link. You should review the privacy policies of such sites/applications before using the sites/applications.