This agreement applies as between you, the User of this Web Site and Rushin Retrieval, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"Rushin Retrieval" means Rushin Retrieval Inc. of 610 E. Bell Rd. Ste. 2-111, Phoenix, AZ 85022, United States;
"Service" means collectively any online facilities, tools, services or information that Rushin Retrieval makes available through the Web Site either now or in the future;
"System" means any online communications infrastructure that Rushin Retrieval makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users" means any third party that accesses the Web Site and is not employed by Rushin Retrieval and acting in the course of their employment; and
"Web Site" means the website that you are currently using (www.rushinretrieval.com).
Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Rushin Retrieval, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Rushin Retrieval.
Account and Password
The Services are provided to Customer via a dedicated account on the Website, pursuant to which Customer will create a unique user-id and password.
You're responsible for keeping your user-id and password confidential. You're also responsible for any use of any account that you have access to, whether or not you authorized the use. You'll immediately notify us of any unauthorized use of your accounts.
You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords.
We don't have access to your current password, and for security reasons, we may only reset your password.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Rushin Retrieval or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.rushinretrieval.com without prior permission.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Web Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Web Site Management
We reserve the right, but not the obligation, to:
(1) monitor the Web Site for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Web Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Web Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Web Site.
Term And Termination
These terms and conditions shall remain in full force and effect while you use the web site. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the web site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the web site or delete any content or information that you posted at any time, without warning, in our sole discretion.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Web Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Web Site. We also reserve the right to modify or discontinue all or part of the Web Site without notice at any time.
We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Web Site. We cannot guarantee the Web Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Web Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Web Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Web Site during any downtime or discontinuance of the Web Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Web Site or to supply any corrections, updates, or releases in connection therewith.
Corrections
There may be information on the Web Site that contains typographical errors, inaccuracies, or omissions that may relate to the Web Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Web Site at any time, without prior notice.
Privacy
For the purposes of applicable data protection legislation, Rushin Retrieval will process any personal data you have provided to it in accordance Privacy Policy available on the Rushin Retrieval website or on request from Rushin Retrieval.
You agree that, if you have provided Rushin Retrieval with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Rushin Retrieval and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Rushin Retrieval's website or otherwise provided a copy of it to the third party. You agree to indemnify Rushin Retrieval in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Disclaimers
Rushin Retrieval makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Rushin Retrieval accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Disclaimer
The web site is provided on an as-is and as-available basis. You agree that your use of the web site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the web site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the web site's content or the content of any web sites linked to the web site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the web site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the web site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the web site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the web site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the web site, any hyperlinked web site, or any web site or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the web site, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the one month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to support@rushinretrieval.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Rushin Retrieval shall be governed by and construed in accordance with the Law of Arizona and Rushin Retrieval and you agree to submit to the exclusive jurisdiction of the Courts of Toronto.
We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of Rushin Retrieval. In the following, we inform you about the processing of your personal data by us and the claims and rights to which you are entitled according to the data protection regulations in accordance with the General Data Protection Regulation (GDPR).
This privacy policy informs you about the nature, scope and purpose of the processing of personal data within our web site (hereinafter collectively referred to as the "website"). The privacy policy applies regardless of the domains, systems and devices used (e.g. desktop, mobile, etc.).
Definitions
This Policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum to make sure you understand the information we collect, why we collect it, how it is used and your choices regarding your information. However, to achieve this objective we would like to explain you the following two concepts.
Personal Data
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Processing
"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually any handling of data.
Relevant legal basis
In accordance with the GDPR, we inform you of the legal basis for our data processing.
Consent
This is where we have asked you to provide explicit permission to process your data for a particular purpose.
Contract
This is where we process your information to fulfil a contractual arrangement we have made with you.
Answering your business enquiries
This is where we process your information to reply to your messages, e-mails, posts, calls, etc.
Legitimate Interests
This is where we rely on our interests as a reason for processing, generally this is to provide you with the best products and service in the most secure and appropriate way. Of course, before relying on any of those legitimate interests we balance them against your interests and make sure they are compelling enough and will not cause any unwarranted harm.
Legal Obligation
This is where we have a statutory or other legal obligation to process the information, such as for the investigation of crime.
General
The use of our web site www.rushinretrieval.com is possible without any indication of personal data. However, you want to use our services via our website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.
Who is responsible for data processing and whom can I contact?
The responsible party is:
Rushin Retrieval Inc.
610 E. Bell Rd. Ste. 2-111
Phoenix, AZ 85022
United States
You can reach us at:
Phone: (480) 955-2819
Fax: (480) 955-2836
Email: support@rushinretrieval.com
What sources and data do we use?
We process personal data that we receive from you in the course of using our web site and, if applicable, our business relationship.
In the case of purely informational use of the web site, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. When you access our web site, we collect the following access data, which is technically necessary for us to display our web site to you and to ensure its stability and security. The access data includes
What do we process your data for ?
We process personal data in accordance with the provisions of the GDPR:
Who gets my data?
Within the company, those that need your data to fulfil our contractual and legal obligations are given access to it.
Processors used by us may also receive data for the purposes mentioned above. These are companies in the categories of IT services, logistics, telecommunications, debt collection, advice and consulting, and sales and marketing.
Where we use processors to provide our services, we take appropriate legal precautions and corresponding technical and organisational measures to ensure the protection of personal data in accordance with the relevant legal requirements.
We only pass on users' data to third parties if this is necessary, for example, on the basis of a contractual purposes or on the basis of legitimate interests in the economic and effective operation of our business or you have consented to the transfer of data. In the case of purely informative use of the web site, we do not pass on any data to third parties as a matter of principle.
How long will my data be stored?
For security reasons (e.g. for the clarification of abuse or fraud), log file information is stored for a maximum of thirty days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
As far as necessary, we process and store your personal data for the duration of our business relationship, which also includes, for example, the initiation and processing of a contract via contact form or by e-mail.
In addition, we are subject to various storage and documentation obligations, which result from Arizona Commercial and Fiscal Law, among others. Finally, the storage period is assessed according to the statutory limitation periods.
How do we protect your Personal Data?
We protect your data using state of the art technical, and physical safeguards and operate a firm system of policies, confidentiality agreements, digital safeguards and procedures to ensure the highest level of administrative protection. The data we collect from you may be stored, with appropriate technical and organisational security measures applied to it, on our servers. In all cases, we follow generally high data protection standards and advanced security measures to protect the personal data submitted to us, both during transmission and once we receive it.
Economic Analyses and Market Research
In order to run our business economically, to identify market trends, customer and user wishes, we analyse the data available to us on business transactions, contracts, enquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of our legitimate interest whereby the persons concerned include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purposes of business management evaluations, marketing and market research.
In doing so, we may take into account the profiles of registered users with details, for example, of their purchasing transactions. The analyses serve us to increase user-friendliness, to optimise our offer and business efficiency and are not disclosed externally, unless they are anonymous analyses with summarised values.
If these analyses or profiles are personal, they will be deleted or made anonymous upon termination by the user, otherwise after two years from conclusion of the contract. In all other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
Will data be transferred to a third country or to an international organisation?
The data provided will be processed within the USA. Please note that we have agreed standard data protection clauses with recipients of your data for states without an adequacy decision. This is against the background of protecting your data and achieving an adequate level of protection for your personal data.
What data protection rights do I have?
Where the processing of your personal information is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us.
The above rights may be limited in some circumstances, for example, if fulfilling your request would reveal personal information about another person, if you ask us to delete information which we are required to have by law, or if we have compelling legitimate interests to keep it. We will let you know if that is the case and will then only use your information for these purposes. You may also be unable to continue using our services if you want us to stop processing your personal information.
In addition, you can revoke consent, at any time and without detriment or effect for the future. Further, you have the right to lodge a complaint.
Is there an obligation for me to provide data?
Within the scope of our web site, you must provide those personal data that are required for the use of our web site for technical or IT security reasons. If you do not provide the aforementioned data, you will not be able to use our web site or services.
Cookies
Cookies are pieces of information that are transferred from our web server or third-party web servers to the users' web browsers and stored there for later retrieval. Cookies can be small files or other types of information storage. In some cases, cookies are used for security purposes or are necessary for the operation of our web site (e.g. for the display of the web site) or to store the user's decision when confirming the cookie banner. For more general information on cookies please refer to All About Cookies and for more information on the cookies we use, please read our Cookie Policy.
Further services
Within our online offer, we use content or service offers of third-party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer) in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content"). This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to analyse information such as visitor traffic on the pages of this web site. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our web site, as well as being linked to such information from other sources.
Google Analytics
This web site uses Google Analytics, a web analytics service provided by Google, Inc. (hereinafter: Google). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the web site will be transmitted to and stored by Google on servers in the United States.
However, due to the activation of IP anonymisation (see also below) on these web sites, your IP address will be truncated beforehand by Google within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.
The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this web site. You can also prevent the collection of data generated by the cookie and related to your use of the web site (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: Browser add-on to deactivate Google Analytics.
In addition or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our pages by clicking on this link . This will install an opt-out cookie on your device. This will prevent the collection by Google Analytics for this website and for this browser in the future, as long as the cookie remains installed in your browser.
Please note that this website uses Google Analytics with the extension "_anonymizeIp()" and that IP addresses are therefore only processed in abbreviated form in order to exclude direct personal references.
Automated decision-making and profiling
We do not use automation for decision-making and profiling.
Do Not Track
Do Not Track is a privacy preference you can set in most browsers. We support Do Not Track because we believe that you should have genuine control over how your info gets used and our site responds to Do Not Track requests.
Do Not Sell My Personal Information
We do not sell information that directly identifies you, like your name, address or phone records.
Accuracy
It is important that the data we hold about you is accurate and current, therefore please keep us informed of any changes to your personal data.
Children Data
Our website is not intended for children and we do not knowingly collect data relating to children. If you become aware that your Child has provided us with Personal Data, without parental consent, please contact us and we take the necessary steps to remove that information from our server.
Data Breaches and Notification
Databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, Rushin Retrieval will notify all affected individuals whose Personal Data may have been compromised, and the notice will be accompanied by a description of action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.
Confirmation of Confidentiality
All company employees must maintain the confidentiality of Personal Data as well as company proprietary data to which they may have access and understand that that such Personal Data is to be restricted to only those with a business need to know. Employees with ongoing access to such data will sign acknowledgement reminders annually attesting to their understanding of this company requirement
Hosting
The services for hosting and displaying the website are partly provided by our service providers as part of processing on our behalf. Unless otherwise explained in this privacy policy, all access data and all data collected in forms provided for this purpose on this website are processed on their servers. If you have any questions about our service providers and the basis of our relationship with them, please contact us.
Content Delivery Network
For the purpose of a shorter loading time, we use a so-called Content Delivery Network ("CDN") for some offers. With this service, content, e.g. large media files, are delivered via regionally distributed servers of external CDN service providers. Therefore, access data is processed on the servers of the service providers. Our service providers work for us within the framework of order processing. If you have any questions about our service providers and the basis of our cooperation with them, please contact us.
Changes
This policy and our commitment to protecting the privacy of your personal data can result in changes to this policy. Please regularly review this policy to keep up to date with any changes.
Queries and Complaints
Any comments or queries on this policy should be directed to us. If you believe that we have not complied with this policy or acted otherwise than in accordance with data protection law, then you should notify us.