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Privacy Policy

GARDEN VARIETY - PRIVACY POLICY

The website https://gardenvariety.com/ (the “Site”) is operated by 10552763 Canada Corp. o/a “Garden Variety” (also referred to as “Garden Variety”, “us”, or “we”).  We respect your right to control your personal information. That is why we have developed this Privacy Policy which governs and explains how we collect, use and disclose your personal information (the “Privacy Policy”).  The Personal Information Protection and Electronic Documents Act of Canada (“PIPEDA”) and applicable provincial privacy legislation provide the regulations for the collection, use and disclosure of personal information. We are committed to complying with these regulations and make every effort to do so.

This page contains the Privacy Policy for the Site, as well as for any other websites or microsites operated by Garden Variety, and for web applications, tools, forums, or social media pages offered by Garden Variety on the Sites (collectively, the “Sites”), and for any online services offered by Garden Variety, including but not limited to cannabis and cannabis-related sales, retail, distribution, delivery and product consulting services, health and safety informational and educational services, blogs, events and promotions offered by Garden Variety, including promotions and communications by SMS, email, and through our loyalty program (together with the Sites, the “Service”).

By accessing or using the Service, you consent to the collection, use and disclosure of personal information by Garden Variety in accordance with this Privacy Policy. You may choose not to provide us with personal information.  However, if you make this choice we may not be able to provide you with the application, service or information that you requested.

You must be nineteen (19) years or older to use or access the Sites or use or access, or attempt to use or access, the Service. Such Service are not intended for use by individuals under the age of nineteen (19) years. By accessing and/or using any portion of the Sites and Service, you represent and warrant to Garden Variety that you are nineteen (19) years of age or older, you have the right, authority and capacity to agree to and abide by this Privacy Policy, and you will use such Sites and Service in a manner consistent with any and all applicable laws and regulations. If you are under nineteen (19) years of age, you are not permitted to access the Sites for any reason.

1. Definitions

For the purposes of this Privacy Policy, the following words have the following meanings:

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.

employee” means an employee of Garden Variety, and for the purpose of this Privacy Policy only, includes agents, independent and other contractors performing services for Garden Variety.

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.

2. Collection

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.

4. Disclosure

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.

We may also disclose your personal information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information. 

If you voluntarily submit or post any information, videos, photographs or other content (“User Content”) to the Service, certain of your personal information may be included in the posting, such as your user name and email address, and this information may be collected and used by others. Garden Variety has no control over and is not liable for the collection, use or disclosure of any posted User Content or your included personal information by users of the Service. You are responsible for ensuring the protection of any of your personal information that you post to any other user’s Garden Variety messaging account. The term “User Content” does not include aggregated non-personal data as described in Section 9 of this Privacy Policy. 

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.

6. Accuracy

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.

7. Complaints

Garden Variety will promptly investigate all complaints concerning our compliance with the Privacy Policy and our dealings with your personal information.  If a complaint is found to be justified, Garden Variety will take appropriate measures to resolve the complaint, including, if necessary, amending our policies and procedures. You will be informed of the outcome of the investigation regarding your complaint.

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.

(b) “Cookies” are text files placed on your computer, to help the website analyze how users use the Sites. Currently, the Sites do use cookies to store and track information about you. Advertising networks and third parties that provide advertisements or services on or through the Sites may use their own cookies. This Privacy Policy does not cover the use of cookies by 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.

To submit an inquiry, complaint, request a review of your personal information, correct or update your personal information, withdraw your consent or request more information or additional copies of the Privacy Policy contact:

Mailing Address: 

10552763 Canada Corp. o/a “Garden Variety” 3400 One First Canadian Place Toronto, Ontario M5X 1A4

E-mail:  info@gardenvariety.com

10.  Unsubscribe

If you no longer wish to receive commercial electronic messages from Garden Variety regarding our new products or services, promotions or other similar communications, you may unsubscribe in the “unsubscribe” link in the e-mail you receive, or contact us at the information listed in Section 9 of this Privacy Policy. Please note that, after you unsubscribe, Garden Variety may still send electronic communications to you in certain limited circumstances, such as to provide you with Service notifications and billing information, or to provide information that Garden Variety is legally obligated to provide you.

11. Privacy Policy Changes

To accommodate changes in our services, changes in technology and legal developments, this Privacy Policy may change over time without notice to you. We may add, change or remove portions of the Privacy Policy when we feel it is appropriate to do so. We encourage you to review our Privacy Policy periodically.  Each time you submit personal information or use the Service you agree to be bound by terms of the Privacy Policy which is then current. Whenever we update the Privacy Policy, we will change the date below to indicate when the changes were made.

Date: February 1, 2019