Effective Date: September
17th, 2008
Thank
you for visiting the website located at www.rentility.com (the “Site”). The Site is an Internet property of Rentility
LLC (“Rentility™,” “we” or “us”). Rentility™ has created this privacy policy (“Privacy Policy”)
in order to disclose our information gathering and dissemination practices. We
understand the importance that Internet users place on privacy and have
designed our Site with this in mind. The Site provides an environment that allows registered
users (“Lessors”) to access and disseminate information regarding rental
properties (“Properties”) and enables other registered users (“Lessees”) to bid
on and/or rent (“Rent”) the Properties made available on the Site by other
registered users that list their Properties with Rentility™. While the Site remains
available to end-user visitors without any registration requirements (“Non-Members”), in order to utilize some of the Site’s enhanced
features, interested parties must register on the Site as either a Lessor or
Lessee (collectively, “Members” and together with the
Non-Members, “Site Users”). In order to
become a Member, applicants must supply certain personally identifiable
information. Because we offer a variety of services to
distinct users, our Privacy Policy contains two (2) separate sets of terms and
conditions: one (1) for our Non-Members; and one (1) for our Members.
If
you are a resident of the State of California
and would like to opt-out from the disclosure of your personal information to third-parties
for marketing purposes, CAoptout@rentility.com.
Please be advised that where California State
residents opt-out from permitting their personal information to be shared, such
individuals may still receive selected offers directly from us, in accordance
with the law.
I. Non-Members
Information Collected/Tracked by Rentility™
As
a general rule, Rentility™ does not request or collect any personally
identifiable information directly from Non-Members.
We
gather Non-Members’ server, IP address and browser-type related information as part of the
general administration of the Site (“Site Data”). This Site Data is comprised of the
demographic, usage and/or other characteristics of Site Users as a group without any associated personally identifiable
information.
When
a Non-Member visits the Site, we send a cookie
and/or gif file (“Cookie”) to assign an anonymous, unique identifier to the
applicable Non-Member’s Internet browser.
A Cookie is a piece of data stored on your hard drive containing
non-personally identifiable information about you. Cookies have many benefits to enhance your
experience at the Site. To find out more
about Cookies, please visit www.cookiecentral.com. To disable and reject certain Cookies, Click
Here. Even in the case where a Non-Member
rejects a Cookie, he or she may still use the Site. Rentility™ reserves the right to retain Cookie
data indefinitely.
Use of Information Obtained by Rentility™
As
stated, Rentility™ does not collect or share any personally identifiable
information of Non-Members. However, Rentility™
reserves the right to release current or past Site Data: (a) in the event that
we believe that the Site is being or has been used in violation of this Privacy
Policy, the Terms and Conditions and/or to commit unlawful acts; (b) if the
information is subpoenaed; or (c) if Rentility ™ is sold or acquired.
II. Members
Information Collected/Tracked by Rentility™
Rentility™ gathers
two (2) types of information from its Members: information that Members submit
to us and information that is not directly submitted by Members.
Information Submitted to Rentility™
To
accomplish our goal of enabling Members to work together in accomplishing their
Rental goals, we must gather personal information from all Members through the
Rentility™ sign up and registration process,
which may or may not require submission of the following information: e-mail
address, mailing address, first name, last name, company name (if applicable), a
user name, a user-specified password, and telephone number. In addition, in
order for Members to complete transactions involving the Properties, Members
are required to submit credit card information and, if applicable, an active
PayPal® account.
Information not Directly Submitted by Members to Rentility™
We
gather Members’ server, IP address, browser-type, clicks, impressions and other
traffic and/or consumer action related information in connection with the
general administration of the Site (“Site Data”). Rentility™ reserves the right to transfer and/or sell
Site Data about Members for lawful purposes.
The Site Data is comprised of the demographic, usage and/or other
characteristics of Members as a group.
By submitting your personal information to, and/or using, the Site, you agree to allow Rentility™ to transfer
and/or sell such aggregate data to third parties.
When a Member
visits the Site, we send a cookie and/or gif file (“Cookie”) to assign an
anonymous, unique identifier to the applicable Member’s Internet browser. A Cookie is a piece of data stored on your
hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your
experience at the Site. To find out more
about Cookies, please visit www.cookiecentral.com. To disable and reject certain Cookies, Click
Here. Even in the case where a Member
rejects a Cookie, he or she may still use the Site. Rentility™ reserves the right to retain
Cookie data indefinitely.
Use of Information Obtained by Rentility™
Sharing of the Information Gathered/Tracked by the
Site
Any personal
information that you submit at the Site remains your property. However, by
submitting that information to us, you grant to us the right to use your
personal information, subject to applicable state and federal law, for any
legal purpose including, without limitation: (a) where you are a Lessee and
have placed a successful bid to Rent Property from a Lessor, transferring certain
portions of your personal information (such as name, e-mail address and telephone
number) to that Lessor to
effectuate the Rental; (b) marketing purposes, such as sharing your information
(other than your credit card and PayPal® account information) with third party
sellers; (c) providing promotional offers to you by means of e-mail
advertising, telemarketing, direct mail marketing, pop-ups, pop-unders and/or
online banner advertising; (d) tracking compliance with our Terms and
Conditions; and (e) for validation, suppression, content improvement and
feedback purposes. You agree that we may
contact you at any time with updates and/or any other information that we may
deem appropriate for you to receive in connection with your continued use of
the Site. We also reserve the right to
release current or past Member information in the event that we believe that
this Site is being or has been used to commit unlawful acts, if the information
is subpoenaed, if we are sold or acquired or when we otherwise deem it
necessary or appropriate. By agreeing to
this Privacy Policy, you hereby consent to disclosure of any record or
communication to any third party when we, in our sole discretion, determine the
disclosure to be appropriate, including, without limitation, sharing your
e-mail address with other third parties for suppression purposes in compliance
with the requirements of the CAN-SPAM Act of 2003, as amended from time to
time. Notwithstanding the foregoing, we
will not use your credit card, PayPal® or any other financial information for
any marketing purposes, or transfer same to any third party, other than where
necessary to effectuate the Renting of a Property.
By submitting your
e-mail address at the Site, you agree to receive e-mail marketing from
Rentility™ (including other Rentility™ properties) and our third-party
advertisers. In addition, you agree that
such act constitutes a purchase, an inquiry and/or an application for purposes
of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”). With respect to the ATSR, and notwithstanding
that your telephone number may be listed on the Federal Trade Commission’s
Do-Not-Call List, Rentility™ retains the right to contact you via telemarketing
in accordance with the terms of the ATSR.
In addition, by
submitting your personal information to Rentility™, you agree to receive mobile
marketing including, but not limited to, text-message based marketing, from us
and our third-party advertisers and marketers. Notwithstanding that your mobile
telephone number may be listed on state and/or federal Do-Not-Call registries,
we retain the right to contact you via text-message based marketing in
accordance with applicable state and federal law. Further, you agree that we
reserve the right to share, sell, rent, lease and/or otherwise distribute your
mobile telephone number and other mobile data with/to any third-party for any
and all non-marketing uses permitted by this Privacy Policy and applicable law.
To the extent that
Rentility™ collects your credit card-specific information and/or PayPal®
account information, if ever, we will use the information to process and
complete any transaction that you request. By submitting your credit card information to
us, you authorize Rentility™ to periodically verify that your credit card
account continues to be a valid and active one by charging, and thereafter
immediately crediting, a small sum to the card. Such verification may be conducted through a
third-party and, in that case, Rentility™ would share your specific credit card
information with this third-party for verification purposes. Apart from said
uses, and other than where necessary to effectuate the Rental of a Property
whereby the applicable Lessor shall gain access to your credit card information,
we will not share your credit card information and/or PayPal® account
information with any third-parties without your prior informed consent.
Notwithstanding the foregoing, Rentility™ reserves the right to share with
third-parties the fact that we have credit card information and/or PayPal®
account information on file for specific users, but we will not share your
specific credit card and/or PayPal® information with third-parties without your
prior informed consent.
Sharing Information with Other Members
The Site enables
Members to communicate with other Members via the Site’s internal messaging
system (“Messaging System”). Members may
communicate electronically via the Messaging System using the user names
provided at the time of registration. A
Member’s e-mail address will not be made available to another Member until
after a Property has been bid on or Rented, at which time Rentility™ shall
share the e-mail address with the applicable Member.
Correcting/Updating or Removing Information
Rentility™ provides Members with several
options for modifying or removing their information from our database. Please Contact
Us for an explanation.
III. General Provisions
Third Party Information
You agree that you have
provided notice to, and obtained consent from, any and all third party
individuals whose personal information you supply to Rentility™.
Links/Affiliates
The Site contains links to other websites. Please be
aware that Rentility™ is not responsible
for the privacy practices of other websites. We encourage our Site Users to be
aware when they leave the Site and to read the privacy policies of each and
every website that collects personally identifiable information. The collection, use and disclosure of
information by Rentility’s™ clients, affiliates and partners (“Affiliates”) is
subject to their respective privacy policies, which may differ from this
Privacy Policy. While Rentility™
strongly encourages Affiliates to adopt responsible approaches to online
communication, marketing and other practices, Rentility™ is not responsible for
the conduct of Affiliates or their partners.
This Privacy Policy applies solely to information collected by Rentility™ on the Site.
Minors
Site Users under eighteen (18) years
of age are not permitted to use and/or submit their personal information at the
Site. Rentility™ does not knowingly
solicit or collect information from Site Users under eighteen (18) years of
age. Rentility™ encourages parents and
guardians to spend time online with their children and to participate and
monitor the interactive activities of their children.
Security
Rentility™
takes every
precaution to protect our Site Users’ information. When we ask Site Users to enter sensitive
information (such as a credit card number), and when such information is stored
and/or transmitted, that information is encrypted and is protected with SSL
encryption software. While we use SSL
encryption to protect sensitive information online, we also do everything in
our power to protect Site Users information off-line. Unfortunately, no data transmission over the
Internet can be guaranteed to be 100% secure.
As a result, while we strive to protect our Site Users’ personal
information, we cannot ensure or warrant the security of any information that
you transmit to us, and you do so at your own risk. All of our Site Users’ information, not just
the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to
perform a specific job function (for example a billing clerk or a customer
service representative) are granted access to personally identifiable
information. All such employees are
contractually bound to adhere to our security protocols, which they must verify
that they have read and understand. The
practices for handling sensitive information are disseminated to all of our employees. In
compliance with applicable federal and state laws, we shall notify you and any
applicable regulatory agencies in the event that we learn of an information
security breach with respect to your personal information. You will be notified via e-mail in the event
of such a breach. Please be advised that
notice may be delayed in order to address the needs of law enforcement,
determine the scope of network damage and to engage in remedial measures.
Contacting the Site
If you have any
questions about this Privacy Policy, the practices of the Site, or your
dealings with the Site, please contact us at 866-603-0609or at support@rentility.com.
Changes in Our Privacy Policy
If we change our Privacy Policy, we will prominently
post a link to those changes on our Site’s homepage so that our Site Users are
always aware of what information we collect, how we use it and under what
circumstances, if any, we disclose it.
If at any point we decide to use personally identifiable information in
a manner different from that stated at the time it was collected, we will
notify the affected Site Users by way of an e-mail. Site User’s continued use of the applicable
Rentility™ service, Site and/or continued
receipt of Rentility™ e-mails after posting of the Privacy
Policy change on the Site, or receipt of a Privacy Policy change notification
e-mail, as applicable, constitutes an affirmative acknowledgement and
acceptance by the Member of the modified Privacy Policy.