Privacy of Children
Our Sites and Services are not intended for persons under the age of 21. Persons under the age of 21 are not allowed to use our Sites and Services. If we learn or have reason to suspect that a user is under age 21, we will promptly deactivate that user’s account (“User Account”) and delete any personal information collected in connection therewith. If you believe we might have any information from or about a child or person under the age of 21, please contact us at firstname.lastname@example.org.
What is Personal Information?
What Information is Collected?
Information You Give Us
When you contact us or opt in by registering on the Site and creating a User Account, utilizing our Services, registering to receive alerts or other information via email, text, or instant message, we may collect your age, date of birth, state of residence, location information, email address, phone number, as well as other information, including demographic information such as gender, that you directly give us. If you visit one of our retail locations or request product delivery, we may also collect personal information from your government identification card when you provide it to us, including your name, address, picture, driver license or other government identification card number, and any other information on your government identification card.
Photographic & Audiovisual Recordings
If you visit one of our retail locations or request product delivery, we may also collect personal information that we capture from our security cameras inside and around our retail locations. Photographic and audiovisual recordings of you inside and around our retail stores and delivery vehicles will be used for the purpose of maintaining physical security, identifying you, and complying with laws that require video surveillance. Audiovisual footage captured in stores, and any photo of yourself that you supply, may also be used to help identify you, and customize your experience as you use our Services. You acknowledge that audiovisual and photographic recordings of you may be stored by Smyth and accessed by and supplied to our employees, government agencies, and others at Smyth in our sole discretion at any time, for any purpose, with or without a legal order or subpoena, and without notice or financial compensation to you.
Information Automatically Collected
We may automatically log information about you and your computer or mobile device when you access the Site. For example, when visiting our Site, we may log your computer operating system type, browser type, IP address, geolocation information, referring website from which you accessed the Site, pages you viewed on the Site, how long you spent on a page on the Site, access times and information about your use of and actions on our Site. We may collect device information about your mobile device that you use to access the Mobile App. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends and to learn more about the demographics of our users. Such third-party service providers may use data collection tools to compile reports and provide us with other services in connection with the Services. We will not collect any location information that you do not volunteer or enable. We will delete any location information that you request us to delete.
Cookies & Similar Technologies
- Strictly necessary cookies. These are cookies that are required for the operation of the Sites and the other Services. They include, for example, cookies that enable you put items in your shopping cart.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the Sites and the other Services when they are using the Sites and the other Services. This helps us to improve the way the Sites and the other Services work, for example, by ensuring that users are finding what they are looking for easily.
- Targeting and advertising cookies. These cookies record your visit to the Sites and the other Services, the pages you have visited, and the links you have followed. We will use this information to make the Sites, the other Services and any advertising which may be displayed on the Sites and the other Services more relevant to your interests. We may also share this information with third parties for this purpose.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser settings. Because each browser is a little different, look at your browser’s “Help Menu” to learn the correct way to modify your cookies.
If you turn cookies off, some of the features that make your Site experience more efficient may not function properly or otherwise be available to you.
Digital Advertising & Analytics
We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Sites and the other Services and other sites or apps over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.
We may also work with third parties that collect data about your use of the Sites and the other Services and other sites or apps over time for non-advertising purposes. Smyth uses Google Analytics and other third-party services to improve the performance of the Sites and the other Services and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use the Sites, visit www.google.com/policies/privacy/partners, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout.
How Do We Use Your Information?
We may use your information for any lawful purpose, including the following:
- Improve our Services, functionality, and overall user experience;
- Deliver our Services to you;
- Better cater and market to our users, as well as learn about preferences and usage habits;
- Respond to customer service requests, comments and questions;
- Send periodic emails, notifications, and text messages regarding our Services;
- Follow up with you after correspondence (live chat, email, or phone inquiries);
- Communicate about our partners’ products and services;
- Automatically update the Mobile App on your device;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Troubleshoot technical difficulties and errors;
- Link or combine user information with other personal information;
- For our legal compliance and to maintain the security of the Services;
- As permitted or required by applicable law or regulatory requirements; and
- For any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.
Who Do We Provide Your Information to?
With third party vendors who process data on our behalf, such as e-mail service providers, texting platforms, and e-commerce providers;
- With our partners, including distributors and dispensaries that we provide products and services to;
- As part of a corporate sale, merger, or acquisition, or other transfer of all or part of our assets, including as part of a bankruptcy proceeding;
- With third parties who engage in advertising, such as advertising networks, social media networks, or advertising/marketing companies;
- Pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, or to protect our rights or the rights of third parties;
- With your consent or as otherwise disclosed at the time of data collection or sharing;
- We may share information that has been de-identified or aggregated without limitation;
- We may share personal information for any other purpose disclosed by us when you provide the personal information.
We may also share your personal information with our employees, contractors, consultants, affiliates and other parties who require such information to assist us with managing our relationship with you, including trusted third parties that provide services to us or on our behalf. For example, we may share your personal information from time to time with third-party information technology, data processing, and call center service providers so that we may operate our business.
Finally, we may also sell, rent, or share aggregate consumer information (i.e., anonymized summary data) with others for their own uses. Specifically, if you register to use our Mobile App and create a User Account, we may sell, rent or share certain aggregate consumer information that we compile using personal information collected about you and other users. This aggregate consumer information will never include your name, phone number, email address, or mailing address. We may sell, rent or share this aggregate consumer information with our partners and other companies for their own marketing, product development, research, or other uses.
We do not sell, trade, otherwise transfer your personal information outside of the situations detailed above, so we do not have an opt-out. If you have questions about these practices, please contact us at email@example.com.
Do Not Track Signals
We honor do not track signals and do not track, plant cookies or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Third-Party Links & Tools
The Sites and the other Services may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share personal information or you otherwise interact with these features on the Sites and the other Services, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public. Your interactions with third-party companies and your use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to carefully read the privacy policies of any accounts you create and use.
SMS/MMS Text Messages
Should you provide Smyth with your phone number and agree to receive SMS/MMS text messages sent by or on behalf of Smyth, including through the use of automatic dialing programs, you expressly consent to receiving such messages even in the event that your phone number is otherwise registered with a corporate, state, or national “Do Not Call” registry. Messaging and data rates may apply if you use this service. Please consult your service agreement with your wireless carrier or contact your wireless carrier to review your phone’s pricing plan and any charges for sending or receiving text messages. You acknowledge that you are responsible for messages, data or other charges that you incur by agreeing to receive text messages from Smyth. This service may not be available on all wireless carriers. Smyth may add or remove any wireless carrier from this service at any time without notice to you. Smyth is not responsible for any delays, failure of delivery, or errors in text messages. You also understand that you do not have to agree to receive SMS/MMS text messages from Smyth in order to purchase any goods from Smyth or its licensees or utilize the Services and that your consent to being contacted is entirely voluntary. To unsubscribe from SMS text messages, reply to said SMS text messages with the word “STOP”.
Smyth is based in and operates exclusively in the United States in the state of Massachusetts. If you are located in a jurisdiction outside the US, the data protection laws in the US may not be considered to provide an adequate level of protection under your local data protection laws. If you are a visitor to this Services and prefer not to have your personal information transferred to the United States, do not access or use the Services. For transfers of personal information, we may base the transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission or by a supervisory authority, approved code of conducts together with binding and enforceable commitments of the recipient, or approved certification mechanisms together with binding and enforceable commitments of the recipient. You can request a copy of the appropriate safeguards by contacting us as set out below.
Product Pickup & Delivery Disclaimer
Smyth is not an entity that is covered by the Health Insurance Portability and Accountability Act (“HIPAA”). The HIPAA privacy rules apply generally to health plans, health care clearinghouses, and to health care providers. This means that the information that you provide to Smyth is not protected by the HIPAA privacy rules and regulations.
Rights to your Personal Information
You have the right to “opt in” and/or “opt out” of certain uses of your personal information. Depending on your jurisdiction, you may have additional choices about how we collect, use and share your personal information. You may have rights to:
- Request that we erase or delete some (or all) of your personal information in our possession subject to limitations related to certain security measures, anti-fraud policies and procedures and other obligations set forth herein;
- Edit the personal information we have on file for you through your User Account;
- Request a copy of your personal information in our possession; and
- You have the ability to review, change and correct the personal information you provide us. If you are a registered user, you can access, correct or update your User Account. When you access our Sites, you may opt out of receiving future e-mail communications from us.
To exercise your rights under this Section, you can contact us by email firstname.lastname@example.org or by phone (978) 455-0186. We will consider your requests and our obligations to respond in accordance with applicable laws. Please note, there may be circumstances in which we are unable to fulfill your request if it violates applicable laws or our other policies and procedures.
In the event you close your User Account, we will retain copies of your personal information if we believe it is reasonably necessary for us to do so due to our legal obligations, meet regulatory requirements, maintain security, prevent fraud and abuse, enforce our rights hereunder or the Terms of Service, or fulfill your requests related to your personal information including your requests to unsubscribe from our Services.
We will try to comply with your requests made pursuant to this Section as soon as is reasonably practicable. It is important to note, should you exercise your right to “opt out” as described herein, we may not be able to remove your personal information from the databases of the third parties or affiliates with whom we have already shared your personal information prior to the date of your request.
We encourage our customers who are California residents to review the “California Privacy Rights” section below which sets forth certain privacy rights specifically available to California residents.
California Privacy Rights
This section contains disclosures required by the California Consumer Privacy Act (“CCPA”) and applies only to “personal information” that is subject to the CCPA.
Categories of Sources
We collect personal information from the following categories of sources:
- Advertising networks;
- Data analytics providers;
- Operating systems and platforms;
- Social networks;
- Service providers; and
- Affiliated entities irrespective of whatever marks they may use.
Personal Information We Collect
We collect the following categories of personal information about California consumers:
- Personal and online identifiers (such as first and last name, email address, or unique online identifiers);
- Categories of information described in Section 1798.80(e) of the California Civil Code (such as physical characteristics or description, credit card number, debit card number, or any other financial information, medical information, or health insurance information);
- Characteristics of protected classifications under California or federal law (such as race or gender);
- Commercial or transactions information (such as records of personal property or products or services purchased, obtained or considered);
- Internet or other electronic network activity information (such as browsing history, search history, interactions with a website, email, application, or advertisement);
- Biometric information (such as call recordings);
- Geolocation information;
- Sensory information (such as audio, electronic, visual, thermal, olfactory, or similar information);
- Professional or employment-related information;
- Education information;
- Inferences drawn from the above information about your predicted characteristics and preferences; and
- Other information about you that is linked to the personal information above.
Why We Collect, Use & Share California Information
- Our commercial purposes, including:
- To provide you with products and services;
- To advertise our products and services;
- To provide you with news and information;
- Our business purposes as identified in the CCPA, which include:
- Auditing related to our interactions with you;
- Legal compliance;
- Detecting and protecting against security incidents, fraud, and illegal activity;
- Performing services (for us or our service provider) such as account servicing,
- processing orders and payments, and analytics;
- Internal research for technological improvement;
- Internal operations;
- Activities to maintain and improve the Services; and
- Other one-time uses.
Recipients of California Personal Information
We share each category of personal information we collect to the following categories of third parties:
- Advertising/marketing companies;
- Advertising networks;
- Social networks; and
- Affiliated entities irrespective of whatever marks they may use.
In addition, we disclose each category of personal information we collect to the following categories of third parties for business purposes:
- Service providers who process data on our behalf, such as e-mail service providers, texting platforms, and e-commerce providers;
- Our partners that we provide products and services to;
- Advertising networks;
- Advertising/marketing companies;
- Third party recipients who receive personal information as part of a corporate sale,
- merger, or acquisition, or other transfer of all or part of our assets; and
- Government entities.
Your Rights Regarding Personal Information
California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:
The right to know the categories and specific pieces of personal information we collect, use and disclose about you; the categories of sources from which we collected personal information about you; our purposes for collecting or selling personal information about you; the categories of personal information about you that we have either sold or disclosed for a business purpose; and the categories of third parties with which we have shared personal information.
- The right to request that we delete the personal information we have collected from you.
- The right to opt out of our sale(s) of your personal information. Please note that if you opt out of certain types of sales, we will be unable to provide you with the services that rely on such sales.
- The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA and, unless permitted by the CCPA, we will not: Deny you the ability to access the Services; Charge you different prices or rates for the Services; or Provide you with a different level or quality of Services.
To exercise any of the above rights, please contact us using the following information and submit the required verifying information, as further described below:
- By email at email@example.com
- Online at https://smythcannabis.com/privacy-policy; or
- If you have an online account with us, through the settings page in your account.
Verification Process & Required Information
Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled. We will require you to provide, at minimum, your full name and an email address or a mobile phone number.
You may designate an authorized agent to make a CCPA request on your behalf by providing the authorized agent written permission to do so. We may require you to verify your own identity directly with us for requests to access or delete personal information.
To opt out of our e-mail marketing, you can use the link provided at the bottom of each marketing message. To opt out of receiving text messages from us, please reply to a text message from us and respond “STOP.”
Updating Your Information
You may request to review, change, or update your contact information by emailing us at firstname.lastname@example.org.
Terms of Service