1. Introduction and Scope
This Privacy Policy explains how PuffRush LLC ("PuffRush," "we," "us," or "our") collects, uses, shares, and protects information when you visit our website, join our waitlist, create an account, or place an order through the PuffRush platform (the "Platform"). This Policy applies to customers, waitlist signups, and site visitors. It does not apply to information we collect from our Retail Partners or delivery partners in their business capacity, which is governed by separate partner agreements.
PuffRush's Platform is limited to individuals 21 years of age or older and is currently offered only within Miami-Dade County, Florida.
2. Information We Collect
2.1 Identity and Age-Verification Information
- Full name, date of birth, and government-issued identification details (which may include an image or scan of your ID) collected when you register.
- At delivery, Uber Direct, our delivery partner, scans your government-issued photo ID to verify you are 21 years of age or older before releasing your order. The results of this check are shared with PuffRush as part of your delivery record.
- Results of automated identity/age-verification database checks performed at signup.
2.2 Account and Contact Information
- Name, email address, phone number, delivery address, and password/account credentials.
2.3 Order and Transaction Information
- Order history, items purchased, order value, delivery notes, and communications with our delivery partner or with PuffRush support regarding an order.
2.4 Payment Information
- Payment card and billing information you enter at checkout is collected and processed by Merchant Focus, our payment processing partner. Each Retail Partner holds its own individually underwritten merchant account with Merchant Focus. PuffRush does not store your full card number.
- PuffRush receives order- and settlement-level information from Merchant Focus needed to reconcile PuffRush's platform and delivery fees, display your itemized receipt, support your order, and calculate PuffRush's compensation as a Merchant Focus referral partner — this includes order and transaction amounts and Retail Partner-level volume summaries, but not your full payment card number.
2.5 Location Information
- Your delivery address, and, while an order is in progress, approximate location data used to route and track your delivery.
2.6 Communications and Marketing Preferences
- Information you provide when joining the waitlist (email, phone) and your marketing/SMS opt-in status and preferences.
2.7 Device and Usage Information
- IP address, browser and device type, pages visited, referring URLs, and similar analytics data collected automatically through cookies and similar technologies (see Section 6).
2.8 Information from Retail Partners and Third Parties
- Order-fulfillment updates from the Retail Partner preparing your order, and information from Uber Direct (our delivery partner) and our identity-verification and payment-processing vendors.
3. How We Use Your Information
- To verify your age and identity before activating your account and before each delivery, as required by law and by our compliance program.
- To create and manage your account, and to process, fulfill, and deliver your orders.
- To process payment through Merchant Focus, our payment processing partner, and to reconcile PuffRush's platform and delivery fees against amounts settled directly to Retail Partners' own merchant accounts.
- To communicate with you about your account, orders, and delivery status, and, where you've opted in, to send marketing communications.
- To operate, maintain, secure, and improve the Platform, including through analytics.
- To detect and prevent fraud, abuse, and violations of our Terms and Conditions.
- To comply with legal obligations, including federal and Florida tobacco/vapor sales and age-verification recordkeeping requirements, and to respond to lawful requests from public authorities.
4. How We Share Information
We do not sell your personal information for money. We share information only as described below:
- Retail Partners: order details necessary to prepare and fulfill your order (e.g., items ordered, delivery address, name).
- Delivery partner (Uber Direct): information necessary to complete delivery and perform the in-person age/ID check, including scanning your government-issued ID to verify you are 21 years of age or older (e.g., name, delivery address, order details).
- Payment processing partner: payment and billing information necessary to process your transaction, shared with Merchant Focus and, as merchant of record, the Retail Partner's own Merchant Focus sub-merchant account.
- Identity-verification vendor: identity and age-verification data necessary to confirm eligibility to use the Platform.
- Service providers: vendors who perform functions on our behalf, such as hosting, analytics, customer support tooling, and email/SMS delivery, under contractual confidentiality and use restrictions.
- Legal and compliance: law enforcement, regulators, or other parties where required by law, including tobacco/vapor sales reporting obligations, or to protect the rights, safety, or property of PuffRush, our users, or the public.
- Business transfers: in connection with a merger, financing, acquisition, or sale of assets, subject to standard confidentiality protections.
5. Age-Verification Data — Special Handling
Because PuffRush facilitates the sale of age-restricted products, we collect and retain identity and age-verification records as required to comply with the federal PACT Act and applicable Florida law, including the identity-verification database check performed at signup and the ID scan performed by Uber Direct at delivery. We retain these records for five (5) years from the date of the associated transaction, consistent with PACT Act recordkeeping requirements. This data is used solely for eligibility verification, compliance recordkeeping, and fraud prevention, is access-restricted internally, and is not used for marketing purposes.
6. Cookies and Tracking Technologies
We and our service providers use cookies, pixels, and similar technologies to operate the Platform, remember your preferences, and understand how visitors use the site. You can control cookies through your browser settings, which allow you to block or delete cookies at any time. Disabling cookies may affect Platform functionality.
7. SMS and Email Marketing
If you opt in (including via the waitlist form), we will send you marketing text messages and/or emails. Message and data rates may apply for SMS; message frequency varies. You can opt out of marketing texts at any time by replying STOP, and out of marketing emails using the unsubscribe link in any email. Opting out of marketing communications does not opt you out of transactional messages related to your account or an active order.
8. Data Retention
We retain personal information for as long as necessary to provide the Platform, comply with our legal obligations, resolve disputes, and enforce our agreements. Retention periods by data category:
| Data Category | Retention Period |
|---|---|
| Identity and age-verification records (ID data from signup and from the Uber Direct delivery scan; database check results) | 5 years from the date of the associated transaction, consistent with federal PACT Act recordkeeping requirements |
| Order and transaction history | 5 years from the date of the transaction, aligned with age-verification recordkeeping |
| Account information (name, email, phone, delivery address) | While your account is active, and for 2 years after account closure or your last interaction with the Platform |
| Marketing and communications preferences (opt-in/opt-out status) | Retained until you opt out or request deletion; suppression records are kept afterward to honor your opt-out |
| Device and usage/analytics data | No longer than 24 months, unless a longer period is needed to investigate fraud or a security incident |
9. Data Security
We use administrative, technical, and physical safeguards designed to protect personal information, including relying on a PCI-compliant payment processing partner so that PuffRush does not store full payment card numbers. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. If we experience a security incident affecting your personal information, we will notify affected individuals and applicable regulators as required by Florida law (Fla. Stat. § 501.171) and other applicable law.
10. Your Privacy Rights and Choices
Depending on where you live, you may have rights to access, correct, delete, or receive a copy of your personal information, and to opt out of certain uses. See our separate "Your Privacy Choices" page for details on how to exercise these choices and submit a request. We will not discriminate against you for exercising any privacy right.
11. Children's Privacy
The Platform is intended solely for individuals 21 years of age or older and is not directed to, and does not knowingly collect personal information from, anyone under 18, let alone anyone under our 21+ eligibility requirement. If we learn that we have collected personal information from someone under 18, we will delete it. If you believe a minor has provided us with personal information, contact us at [email protected].
12. International Users and Data Transfers
The Platform is intended for use within Miami-Dade County, Florida, and is not directed to individuals outside the United States. We do not knowingly collect personal information from individuals located outside the United States.
13. Do Not Track
Some browsers offer a "Do Not Track" signal. Because there is no common industry standard for responding to such signals, the Platform does not currently respond to them. See our Your Privacy Choices page for information on opt-out preference signals we do honor, if any.
14. Third-Party Links
The Platform may link to third-party websites or services we do not control, including Uber Direct, Merchant Focus, and our identity-verification partner's own consent flows. This Policy does not apply to those third parties, and we encourage you to review their privacy notices.
15. Changes to This Policy
We may update this Privacy Policy from time to time. Material changes will be reflected by an updated "Last Updated" date, and, where required by law, we will provide additional notice.
16. Contact Us
PuffRush LLC 700 Biltmore Way, Suite C3 Coral Gables, FL 33134
Privacy inquiries and rights requests: [email protected] General: [email protected]