Privacy Policy & Terms of Service

We respect your privacy and are committed to protecting the personal data we hold about you. This policy explains what data we collect about you, how we collect it, the measures we take in our efforts to keep your data secure and the uses and disclosures we make of it. We also explain the options you have in relation to your personal data.

We collect the personal data we need to provide the services you request from us, for our operational uses and disclosures (see below) or for such other purposes as you authorize.

We collect your data directly from you, through various channels, and from companies involved in our provision of services to you, including our licensees.

You may provide us with certain information in connection with a transaction or in your interactions with our websites and at our locations. When you are asked to provide personal information, you may decline. If you choose not to provide the information, you may not be able to use some products or services.

The personal information we may collect includes:

By visiting our websites, certain information may be automatically provided to us by your computer. For each visitor to our websites, our webservers automatically recognize the visitor’s domain name or IP address. An IP address is a number assigned to your computer when you connect to the Internet.

As part of the protocol of the Internet, webservers can identify your computer by its IP address. In addition, we may collect your browser type and operating system as well as your internet service provider (ISP), referring and exit pages, date and time stamp, and/or clickstream data. We collect similar information when visiting our websites with your mobile device, including mobile device brand, model, mobile operating system and carrier.

Our vehicles may be equipped with the manufacturer-provided or certain on-board technology such as OEM equipment (“On Board Technology”). Some or all on board functionality may or may not be active during rental periods. On Board Technology may provide us use of, disclosure of, or access to (1) crash data and, (2) operational condition, mileage, diagnostic and performance reporting of vehicles (“On Board Data”), as permitted by law.

We may disclose the information we collect from and about you to our subsidiaries and Licensees for the purpose of providing the transactions you have requested and (with your consent) marketing purposes.

In addition to those stated within this Policy, On Board Technology data from rental vehicles may be disclosed to, accessed by or used by VanCraft, LLC, our subsidiaries, emergency service providers, insurance specialists and others who may assist in investigating an accident, service operators, or those with whom we have a legal or contractual obligation to provide such data.

These lists are subject to change from time to time and you should periodically check the site for changes.

We also may disclose your information to other third parties:

We use third party vendors to allow you to submit original reviews of our services.

Original review content submitted by you to such third- party vendors’ review submission forms and via email may also be published on third party websites. Personally identifying information is not required to submit reviews.

VanCraft is not responsible for the privacy policies and/or practices of such third parties. The Terms of Use and Privacy Policies of such third parties govern any information you submit.

You may be able to disclose information about yourself in the course of contributing user-generated content on publicly -available areas of our services, such as Share Your Adventure or Photo Contest on https://van-craft.com/. Your VanCraft user profile and any information you post there will be publicly available.

Your content may also be shared with users of other social media services to which you have chosen to share, consistent with your privacy settings on those services. Such information is unencrypted, public information, may be accessed or recorded by us, and there is no expectation of privacy or confidentiality in such information. Any information you submit in the course of such activities can be read, collected, or used by other users. We cannot prevent you receiving unwanted messages from other users.

If you wish that a specific content generated by you shall be removed from publicly-available areas of our services, please contact us at austin@van-craft.com

We will use your information in the country in which your service and transaction occurs. Please be aware that, unless prohibited by law, your use or continued use of our websites and mobile applications signifies your express consent that information may be transferred to or stored on servers and processed outside the country of your residence, including any of the countries where we do business.

Please also be aware that the privacy laws of the United States or other countries where information may be stored may not be as comprehensive or offer as much protection as the laws of other countries including your country of residence. You may request us not to make such transfers, but if you do, we may not be able to provide some, or all of our products or services to you.

With respect to personal data received or transferred, VanCraft is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, VanCraft may be required to disclose personal data in response to lawful requests by public authorities.

For individuals residing in the EEA, this outlines certain additional information that VanCraft is obligated to provide to you, as well as certain rights you have with respect to the processing of your personal information, pursuant to applicable local laws.

This Appendix will control to the extent it conflicts with any provision in the main body of this Privacy Statement.

VanCraft Data Protection Officer may be contacted by mail, phone, or email:

Attn: Data Controller
250 Via Del Norte
Oceanside, CA 92058

austin@van-craft.com
1-888-381-7333

VanCraft processes your personal information for the purposes set forth in our Privacy Policy (Use of Personal Information Collected About You) and (Personal Information We Share) of the main body of this Statement.

The legal bases for VanCraft processing activities include processing such information as necessary to comply with our contractual obligations, compliance with our legal obligations, protecting the safety of our employees, guests and others, for our legitimate business interests, and pursuant to your consent.

The particular legal basis for the processing of your personal information is based on the purpose for which such information was provided or collected:

We retain personal information about you for the time necessary to accomplish the purpose for which such information was collected, usually for the duration of any contractual relationship and for any period thereafter as legally required or permitted by applicable law.

Our retention policies reflect applicable statute of limitation periods and legal requirements.

We will respond to all such requests within 30 days of our receipt of the request, unless there are extenuating circumstances, in which event we may take up to 60 days to respond. We will inform you if we expect our response to take longer than 30 days.

Please note, however, that certain personal information may be exempt from such rights pursuant to applicable data protection laws. In addition, we will not respond to any request unless we are able to appropriately verify the requester’s identity. We may charge you a reasonable fee for subsequent copies of data that you request.

If you have concerns about our data practices or the exercise of your rights, you may either contact VanCraft at austin@van-craft.com.

You may withdraw your consent to marketing activities by following the instructions on any marketing email(s), or by contacting austin@van-craft.com.

For any other activities for which you have previously
consented, you may contact austin@van-craft.com to withdraw.

We may transfer the personal information we collect about you pursuant to the purposes described in this Statement to countries that have not been found by the European Commission to provide adequate protection. In particular, we transfer your personal information to the United States. We use appropriate safeguards for the transfer of personal information among our affiliates in various jurisdictions.

You are granted a non-exclusive, non-transferable, revocable license to access and use https://van-craft.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to VanCraft that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of VanCraft or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. VanCraft content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.

You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of VanCraft and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of VanCraft or our licensors except as expressly authorized by these Terms.

You agree to indemnify, defend and hold harmless VanCraft, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

VanCraft reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VanCraft in asserting any available defenses.

VanCraft does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://van-craft.com/ only with permission of a parent or guardian.

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Further, unless both you and VanCraft agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VANCRAFT, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VANCRAFT , INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VanCraft with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VanCraft with respect to the Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.