Rush Enterprises Privacy Notice for California Consumers
Effective Date: December 1, 2023
The CCPA Privacy Notice applies only to individuals residing in the State of California who are considered consumers under the CCPA and from whom we collect “Personal Information” as described in the CCPA (“Consumers”).
I. Information We Collect
We may collect Personal Information from you in a variety of different situations, including, but not limited to on our website and mobile applications, your mobile device, through email, in physical locations, through the mail, and/or over the telephone. More specifically, Rush collects the following categories of Personal Information from its Consumers, which will depend on the particular Business Purpose for which we collect it:
|Examples of Personal Information Collected
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
A name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information.
Some personal information included in this category may overlap with other categories.
|C. Commercial information
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, including vehicle owner information and vehicle repair data.
D. Internet or other similar network activity
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
|E. Telematics data, including geolocation information, odometer reading, vehicle performance data and vehicle fault codes
|Physical location of vehicle, vehicle movements, odometer reading, vehicle performance data, vehicle fault codes, and driver behavior under circumstances in which the consumer expressly consents or authorizes the collection of this data, including, without limitation: (1) the customer has purchased a telematics device, directly or through RushCare ServiceConnect; or (2) customer rents or leases a vehicle from Rush Truck Leasing, Inc. that includes a telematics device.
|F. Inferences drawn from other personal information
|Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
|Job title, occupation, company or business name, and employment history information.
Personal information does not include deidentified or aggregated consumer information.
Rush obtains the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on our website or from information your computer or mobile device transmits when interacting with our website or mobile applications, and your vehicles (when and where authorized), among other things.
- Manufacturers and manufacturers’ dealers. Information concerning the vehicles and products and services you purchase.
- Government entities. For example, information obtained from a state’s Department of Motor Vehicles or the United States Department of Transportation.
- Tow companies: Information from companies that tow Consumer’s vehicles to the Company’s physical location(s).
II. How We Use Personal Information
We may use or disclose the Personal Information we collect from you or about you with our service providers with whom we have a written contract, under circumstances that do not constitute a sale by virtue of included contract language that meets the specific requirements of the CCPA, to do one or more of the following:
- To fulfill or meet the purpose for which you provided the information. For example, if you share your name and contact information to ask us a question or inquire about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate any applicable delivery. When you order products and services, we may also save your information to facilitate new product orders or process returns. Finally, we will use, save and share information regarding your vehicle and repairs with vehicle/component manufacturer(s) and the vehicle/component manufacturer(s) dealers, and their respective service management platform providers, to support and enhance products and vehicle repair services provided by us and such parties to our customers.
- To contact you and to inform you about products, services, promotions, special offers, and/or events that may interest you.
- To inform you about products and services you have purchased from us such as product recalls and warranty information.
- To provide, support, personalize, and develop our website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To fulfill your request, authorization and/or agreement that allows Rush to install a telematics device on your vehicle to, among other things, monitor your vehicle’s performance and driver operations and support maintenance and repairs, including but not limited to, under a lease/rental agreement with Rush Truck Leasing, Inc.
- To enable you to participate in rewards programs and communicate with you about benefits associated with the rewards programs and other products and services offered by Rush.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, mobile applications, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For research, analysis, and business development, including to develop and improve our Website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA or subsequently agreed to by you.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Rush assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Rush about our Consumers is among the assets transferred.
III. How We Share Personal Information
Rush may disclose your Personal Information to a third party for a business purpose (subject to your right to opt-out), and to our service providers (under circumstances that do not constitute a sale per satisfaction of specific written contract requirements).
We share your personal information with the following categories of third parties:
- Service providers
- Third parties with whom you direct us to share your personal information
- Data aggregators
- Manufacturers and manufacturers’ dealers of the vehicles and products and services you purchase.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers
Category B: California Customer Records personal information categories
Category C: Commercial information
Category D: Telematics data
We disclose your personal information for a business purpose to the following categories of third parties:
- Service providers
- Manufacturers and manufacturers’ dealers of the vehicles and products and services you purchase
Sales of Personal Information
In the preceding twelve (12) months, Rush has not sold personal information as that term is defined by the CCPA and as amended.
IV. Your Consumer Rights and Choices
The CCPA provides Consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that Rush disclose its collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of Personal Information we may collect about you
- The categories of sources for the Personal Information we may collect about you
- Our business or commercial purpose for collecting that Personal Information
- The categories of third parties with whom we share that Personal Information
- The specific pieces of Personal Information we collected about you
- If we sold or disclosed your Personal Information for a business purpose, a list as applicable, disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained
Correction Request Rights
You have a right to correct any inaccurate personal information that Rush may store about you.
Deletion Request Rights
You have the right to request that Rush delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete and direct our service providers to delete your Personal Information from our records, unless an exception applies.
In accordance with the CCPA, we may deny your deletion request under certain circumstances, and will inform you of the basis for the denial, which may include, but is not limited to, retaining the information as necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation;
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it; or
- We could not verify your identity or we have determined that you are not entitled to exercise the right you are attempting to exercise because you are not a “consumer” as that term is defined under the CCPA.
Exercising Access, Data Portability, Correction and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you, or an Authorized Agent as defined below may make a verifiable consumer request related to your Personal Information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
We will deliver our written response by the method used to make the request.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales and Sharing Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell or share your Personal Information at any time (the "right to opt-out"). We do not sell or share the Personal Information of Consumers we actually know are less than 16 years of age.
To exercise the right to opt out, you (or your Authorized Agent) may submit a request to us by visiting the following Internet Web page link:
Do Not Sell or Share My Personal Information
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales or sharing. However, you may change your mind and opt back in to Personal Information sales and sharing at any time by sending an email to CCPA@RushEnterprises.com, including the Subject Line “Opt In to Sale and Sharing of Personal Information.” In the body of the email, please state that you authorize Rush to sell or share your personal information to third parties. Rush will then send an email asking you to confirm that you have opted in to the sale or sharing of your personal information to third parties.
Under the CCPA, you have the right to limit the use and disclosure of your sensitive personal information for the purpose of inferring characteristics about you. Under California law, “sensitive personal information” includes, but is not limited to, your precise geolocation data, ethnicity, or social security, government-issued identification, bank account, or credit card number.
We may use and share certain categories of your sensitive information, such as geolocation data collected on our website, to infer characteristics about you. To direct us to stop the use and disclosure of your sensitive personal information, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:
Limit the Use and Disclosure of Sensitive Personal Information
We may offer you different price, rate, level, or quality of goods or services in connection with our volume discount pricing program and/or other promotional programs offered to certain Rush customers, which does not constitute discrimination under CCPA.
VI. Other California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information, once a year, regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to CCPA@RushEnterprises.com. Please include “Shine the Light Request” in the subject line.
VII. Authorized Agents
A consumer may designate an authorized agent to make a request under the CCPA on the consumer’s behalf. If a consumer wishes to authorize another person to act as an authorized agent on the consumer’s behalf, the consumer must provide the authorized agent permission to do so.
To help prevent fraudulent requests, we reserve the right to deny a request from an agent that does not submit proof that he or she has been authorized by the consumer to act on the consumer’s behalf. As proof that the agent has been duly authorized by the consumer to submit a CPRA request, the agent will be required to upload either (1) power of attorney signed by consumer, or (2) other signed permission from the consumer. Pursuant to California Probate Code Sections 4300 to 4310, if an agent provides power of attorney signed by the consumer (“principal”) that purports to give the agent authorization to submit the request on the principal’s behalf, we may require that the agent provide information reasonably necessary or appropriate to identify the agent and principal and to facilitate the request. This includes, but is not limited to, identification of the agent and principal and the current and permanent residence addresses of the principal. If the agent provides some other signed permission from the consumer, we may require that the consumer (1) verify their identity directly with us and (2) confirm that he or she provided the authorized agent permission to submit the request.
VIII. Changes to Our CCPA Privacy Notice
Rush reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's Effective Date above. Your continued use of our website or interaction with us through other methods following the posting of changes and/or our directing you to the updated CCPA Privacy Notice constitutes your acceptance of such changes.
IX. Contact Information