Last Updated: January 9, 2018  

This privacy policy (this “Privacy Policy”) in intended to inform you about how RustyBrick, Inc., a New York corporation with an address at 250 West Nyack Road, Suite 200, West Nyack, NY 10994 (“RustyBrick”, “we”, “our”, or “us”), collects and uses personally identifiable information ("PII") uploaded or otherwise submitted to us through the RustyBrick software application you have downloaded to your computer or device (the "App”). The App enables users who download the App ("you", "your", and "yours") to utilize the functionality of the App.

By using the App, you consent to the collection and use by RustyBrick (a) of your personally identifiable information (“PII”) which is requested from you and other information collected by us, as described in this Privacy Policy and otherwise as described in RustyBrick’s end user license agreement for the App which is located at www.rustybrick/appeula (the “EULA”).

How can the terms of this Privacy Policy be modified?

We reserve the right to modify this Privacy Policy at any time.  You agree to review this Privacy Policy periodically to be aware of such modifications.  You further agree that your continued use of the App after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Privacy Policy.   We will indicate that changes to this Privacy Policy have been made by updating the date indicated after “Last Updated” at the beginning of this Privacy Policy.  We will be happy to provide you with prior versions of this Privacy Policy upon your written request to us. If you do not agree to abide by the initial version or any modified version of this Privacy Policy, then you are not authorized to use the App.  The current version of this Privacy Policy is accessible via the footer of the homepage of our website at www.rustybrick.com. 

What type of PII does RustyBrick collect from you and how do we use it?

You may submit various PII to us via the App, including without limitation your name, address, phone number, email address and other biographical information. 

RustyBrick may provide your PII to individuals or entities who work with us or on our behalf. These individuals or entities may use your PII to help fulfill your requests and to help us communicate with you about different services or resources offered by us.  For example, we may transfer certain of your PII or other information to service providers and other third parties who assist us in operating the App or who help us in executing requests made by you, as well as to prospective partners.   We may also use certain PII of Registrants for promotional purposes.

RustyBrick also may share your PII with third parties for direct marketing and/or other purposes, and you acknowledge that the handling of your PII by such third parties will not be governed by the terms of the Privacy Policy but rather by whatever terms and conditions may be provided by such parties.  If you would rather us not share your PII with any third party for direct marketing purposes, please either (1) do not submit PII to us, or (2) indicate your desire for us not to share your PII with third parties for direct marketing purposes by submitting such a request in writing (an "Opt-Out Request") to us at: RustyBrick, Inc., Attn: Legal Department, 250 West Nyack Road, Suite 200, West Nyack, NY 10994 as well as by electronic mail at [email protected].

Please note that it may take several weeks for us to comply with your Opt-Out Request, and that until we are able to comply with such request we may continue to use your PII as described in the Privacy Policy. Please note that after receiving your Opt-Out Request, we may continue to maintain your name and other PII to help us ensure that we can honor such a request, to communicate to you about your registration account, and/or for other purposes not related to direct marketing by third parties.

Please further note that if we receive your Opt-Out Request after having shared your PII with a third party for direct marketing and/or other purposes or having otherwise transferred or disposed of your PII, we will not have the ability to control the use of such PII by any third party, and in such an event we shall not be liable or otherwise responsible, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of such PII by any such third party or resulting from any such transfer or disposition.  If you are concerned about us sharing your PII with third parties or otherwise our transferring or disposing of your PII, you should not provide your PII to us.

RustyBrick also collects and uses your non-PII as is further described below. 

Under what other circumstances may we release PII to third parties?

In addition to our practices described above, we may release your PII to third parties if we believe that such release is necessary to comply with the law (e.g., a legal process or a statutory authorization or requirement) or a court order, to apply or enforce the EULA or otherwise protect our interests, to protect our users, to protect against the fraudulent, abusive, or unlawful use of the App, or if we reasonably believe that a danger to any person or property requires disclosure of such PII.

RustyBrick may be required to disclose an individual's PII in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. 

Our rights under this Privacy Policy may be assigned by RustyBrick, as determined by us in our sole discretion, to a third party or parties, and such an assignment will inure to the benefit of our successors, assigns and/or licensees.  Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent entity subsidiary, joint venture, a company under our common control, as well as with a potential acquirer, including without limitation in connection with a merger, reorganization, sale of assets, sale of equity, or in the event of bankruptcy.  In each such an event, the PII we have collected from you may be one of the assets transferred.

Is information that I post to public areas of the App private?

The App currently does not, but may in the future, enable you to post comments and other information to portions of the App which are publicly viewable.  All of this information may be made publicly viewable, at the discretion and in the sole determination of the user posting such information.  If a user decides to make any of such comments publicly viewable, then this information will not remain private. Therefore, you should not post any information to or via publicly viewable portions of the App unless either you wish for such information be viewed publicly.  

What other information does RustyBrick collect and how may this be used?

We may also collect anonymous and aggregate information from you about your preferences in using the App by using cookies, action tags and other methods.  Cookies are small text files that enable us and third parties (such as advertisers) to identify your computer or device.  We may use cookies to, among other things, monitor App usage, customize App features, identify your computer operating system and browser, serve and enable the serving of marketing tools, and complete transactions.  An action tag is a small, graphic image on a webpage that is designed to allow the App owner or a third party to monitor who is visiting an app or website by collecting the IP address of the computer to which the tag is sent, the URL of the webpage that the tag comes from and the time at which such webpage was viewed.  Action tags may be associated with cookie information.  We may also use such anonymous and aggregate information for promotional and other business purposes.

Do I have the ability not to be identified by RustyBrick other than by the PII you provide us?

Yes. If you do not wish to be easily identified by us using your PII (other than for any PII you may provide to us), you can set your browser to warn you before accepting cookies and refuse cookies when your browser alerts you to their presence.  If you wish to adjust the settings of your App regarding cookies, you can uninstall the App and then reinstall the App and select new permission options.  However, please keep in mind that if you do not provide all required permissions then you may not be able to use certain (or any) App functionality. If you do not want us to have any of your PII, do not submit any of your PII to us. 

How do we store and safeguard information?

RustyBrick takes steps consistent with commercially reasonable industry standards to secure PII collected from you from loss, misuse, unauthorized access and accidental destruction while under our control.  However, please note that despite our efforts to protect information provided to us, we cannot guarantee that such information will not be lost, disclosed or accessed by accidental circumstances or unauthorized acts.

Does RustyBrick provide links to other Websites?

RustyBrick may provide links to items of possible interest to you.  The collection and use of your PII and other information by any such third party websites, or by any third party websites you navigate to from the App, shall be subject to the policies and procedures of such third party websites and not those contained in this Privacy Policy.   The information collected by our service providers in executing transactions you have requested through the App (including without limitation credit card settlement companies) is subject to the privacy policies of such third parties.

What are our policies regarding children?

The App is intended for general use of persons who are above thirteen (13) years of age.   RustyBrick does not knowingly collect PII from anyone under thirteen (13) years of age, and we make every effort to be in full compliance with the Children's Online Privacy Protection Act of 1998, as amended, and all related regulations (“COPPA”).  If we learn that PII from anyone under thirteen (13) years of age submitted PII to us in a manner that we understand does not comply with COPPA, we will promptly delete such information.

Do we have a mechanism to address access to and removal of PII and complaints about the handling of information that we collect?

You have a right to know which PII RustyBrick holds about you, and to correct or delete such data subject to the above provisions. 

If you wish to access or remove PII that you have submitted to RustyBrick, please send us an email requesting such access or removal to [email protected].  If you have questions or concerns about, or wish to opt-out of any of our information collection, data sharing, onward transfer, or other information handling practices, please contact us at [email protected] or write to us at RustyBrick, Inc., 250 West Nyack Road, Suite 200, West Nyack, NY 10994.

Do we respond to Do Not Track Signals?

The App does not have the capability to respond to “Do Not Track” signals received from various web browsers.