“collection” means the act of gathering, acquiring, recording or obtaining personal information from any source, including third parties, by any means.
“consent” means voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative, such as a parent or guardian (if appropriate). Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from a user's action or inaction.
“user” means an individual who uses the Service provided by Garden Variety, including anyone else who accesses or visits the Sites.
“disclosure” means making personal information available to a third party.
“personal information” means information about an identifiable individual, but not aggregated information that cannot be associated with a specific individual.
“registered user” means a user who has created and registered an account with Garden Variety, as well as a Subscribing Organization that has created and registered an account or accounts with Garden Variety.
“Subscribing Organization” means a company, entity or organization, including any agricultural business, that has subscribed to the Service.
“third party” means an individual other than the user, or the user's agent, or an organization outside Garden Variety or a Subscribing Organization.
“use” means the treatment, handling and management of personal information by and within Garden Variety.
Garden Variety may collect any or all of the following personal information if the information is reasonably required to provide the services accessed or requested by you:
(a) information that you provide when you become a registered user or otherwise complete forms on the Service, such as your name, email, postal address, telephone number, age, country of residence and occupation;
(b) your log-in and password details in connection with your Garden Variety account(s), including your username;
(c) information that you provide to Garden Variety when you subscribe to the Service, such as your billing address, and payment method;
(d) information that you provide when you make a transaction, including type and quantity of products and services purchased, method of payment, and amount paid;
(e) information about your personal preferences, including marketing consents;
(f) your correspondence with Garden Variety employees, including any questions, concerns or comments you may have about the Service or problems that you report;
(g) comments, videos, photographs, and any other content or information that you may post or submit to the Service, including, but not limited to, information about your cannabis consumption;
(h) details of your requests made through the Service; and
(i) event sign up in store or via social media, website or other electronic means.
Garden Variety does not collect information related to method of payment such as a credit or debit card number. All purchases of Garden Variety products and services will be directed to and handled by third parties such as Apple, Stripe, Shopify or Paypal. You will be bound by the privacy policies of these third party sites.
3. Purpose of Collection and Use of Personal Information
Garden Variety collects your personal information and will use your personal information as is reasonably required for the following purposes:
(a) if you are a registered user, to establish and maintain your Garden Variety account;
(b) to provide web applications, the Service, and/or the other services or information that you request, including, but not limited to, cannabis consumption, cannabis retail and cannabis educational products and services;
(c) to verify your identity if you submit comments, videos, photographs, opinions, or any other content or information to the Service;
(d) to respond to questions, comments, requests, job applications, or complaints that you submit to Garden Variety;
(e) to process payments made by you to Garden Variety;
(f) to process online orders for in store pick up or at home delivery;
(g) to collect amounts owing from you to Garden Variety;
(h) to track communications with you;
(i) to analyze use of the Service and to improve the Service;
(j) to track and analyze your purchases and preferences to better understand your product and service needs and eligibility for discounts;
(k) to send emails, newsletters, surveys, contests, sweepstakes, promotions, regular mail or other communications you have consented to receive from Garden Variety;
(l) to provide Service-related announcements or notifications to you;
(m) to guide us in selecting new products to be offered through the Service;
(n) to communicate information and updates on a loyalty purchase program;
(o) to fulfill a purpose that we disclose to you when we request your personal information; and/or
(p) to meet legal and regulatory requirements.
Garden Variety staff are authorized to access personal information based only on their need to deal with the information for the reason(s) for which it was obtained. Personal information will only be collected and used by authorized staff in a manner consistent with the activities of Garden Variety.
Garden Variety may disclose your personal information to:
(a) its employees, agents, partners, service providers, and sponsors as is reasonably necessary to enable these parties to perform a business, professional or technical support function for Garden Variety;
(b) a person who, in the reasonable judgment of Garden Variety, is seeking the information as your agent; and
(c) a third party or parties, where you consent to such disclosure or the disclosure is required by law.
5. Safeguarding Your Personal Information
Garden Variety is committed to safeguarding your personal information. Garden Variety uses appropriate security measures to protect personal information against risks such as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction regardless of the format in which it is held. The methods of protection and safeguards used by Garden Variety include, but are not limited to, locked filing cabinets, need-to-know access and technological measures, including the use of passwords, encryption such as industry standard SSL (Secure Socket Layer) encryption, and firewalls. While Garden Variety cannot guarantee that risks such as loss, theft, unauthorized access or disclosure of personal information will not occur, Garden Variety will make every effort to prevent such unfortunate occurrences.
Garden Variety takes care in disposing of or destroying personal information to prevent unauthorized parties from gaining access to the information. Garden Variety also ensures that its employees with access to personal information are made aware of the importance of maintaining the confidentiality of personal information. Finally, Garden Variety protects personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
If you are a registered user and your Garden Variety account becomes inactive, Garden Variety may choose not to retain your User Content, personal information associated with your Garden Variety account, or any other records associated with your Garden Variety account, for a period longer than three years after your Garden Variety account becomes inactive, in which case such information may be destroyed. If your Garden Variety account becomes inactive, you are solely responsible for exporting any such information from your Garden Variety account that you may wish to retain.
Garden Variety is committed to keeping your personal information as complete, up-to-date and accurate as is necessary for the purposes for which it is to be used. Garden Variety will promptly correct or complete any personal information found to be inaccurate or incomplete. Where appropriate, Garden Variety will transmit amended information to third parties having access to the personal information in question. Upon request, Garden Variety will provide you with a reasonable opportunity to review the personal information in your file to review its accuracy. Such personal information will be provided within a reasonable time of the request and at a minimal or no cost to you.
Also upon request, Garden Variety will provide an account of the use and disclosure of your personal information and, where reasonably possible, will state the source of the information. In providing an account of disclosure, Garden Variety will provide a list of organizations to which it may have disclosed personal information about you when it is not possible to provide an actual list.
8. Withdrawing Consent
You may withdraw your consent to the collection, use or disclosure of your personal information by Garden Variety at any time, subject to legal or contractual restrictions and reasonable notice. In certain circumstances, your withdrawal of consent will result in the inability of Garden Variety to continue providing aspects of the Service to you. Please contact Garden Variety for more information regarding the implications of withdrawing consent.
9. Non-Personal Information
Non-personal information is information that does not identify you and which we are unable to connect to other information in order to identify you. Garden Variety may collect any or all of the following non-personal information:
(a) The Service employs a web analytics service that collects aggregated data resulting from the combination and/or aggregation of certain raw data from the Service (including, but not limited to, sex, age, and geographic location) in a way that no longer personally identifies the user. Garden Variety may share this aggregated data to prospective partners, advertisers, and other third parties.
(c) We may also use additional analytics programs from time to time to process non-personal information about you.
By using the Service, you consent to the processing of data about you by web analytics service providers in the manner and for the purposes set out above.
We make no attempt to link this non-personal information with the identity of individuals using the Service. Non-personal information may be permanently archived for future use in any manner whatsoever by Garden Variety.
10552763 Canada Corp. o/a “Garden Variety” 3400 One First Canadian Place Toronto, Ontario M5X 1A4
Date: February 1, 2019