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Privacy Policy of Bloom Cultivation

Last Updated May 2019

This Privacy Policy establishes rules to govern the collection, use and disclosure of Private Information (as defined below) collected by Bloom Cultivation Ltd. (the “Corporation”, “we”, “our” and “us”, including, where applicable, any Affiliate or subsidiary of the Corporation), in the course of business, in compliance with federal and provincial privacy and health information laws including the Personal Information Protection and Electronic Documents Act (Canada), and the Personal Information Protection Act (Alberta).

This Privacy Policy applies to all individuals whose Private Information the Corporation collects, uses or discloses in the course of doing business, including individuals who access the Corporation’s website (the “Website”) and the contents therein or use the services offered thereunder (the “Services”), review any webpages, text, images, sounds, software, and other data or information contained in the Website, create an account or otherwise access the services available on and through the Website as a registered user (a “User”) or otherwise, or to purchase the products (the “Products”) and/or the Services that may be offered from time to time on and through the Website.

We reserve the right to change this Privacy Policy from time to time as industry practice, Applicable Laws (as defined in the Definitions section), and our procedures in this area may change from time to time.  We will post the current version of this Privacy Policy on our Website and you may request a hard copy.  Access to the Website is governed by the Corporation’s Terms and Conditions of Use, available at bloomcultivation.com/termsandconditions.

In this Privacy Policy, headings are for reference purposes only and do not limit the scope or extent of such section; words importing the singular number only also include the plural, and vice versa; “including” or “includes” means including or includes (as applicable) without limitation or restriction.

Definitions

The terms set forth below and those defined throughout this Privacy Policy when initially capitalized shall have the meanings ascribed to them.

(a) “Affiliate” has the meaning set forth in the Business Corporations Act (Alberta), as amended from time to time;

(b) “Applicable Laws” includes any applicable federal, provincial or local law as may be appropriate in the context, including the Cannabis Act (Canada) and any regulations thereunder, consumer protection legislation, privacy legislation, statutory law and regulations, common law, the law of equity and any other laws applicable to the Corporation;

(c) “Authorized Authority” means, any:

(i) federal, provincial, municipal or local governmental body (whether administrative, legislative, executive or otherwise), both domestic and foreign, including, but not limited to Health Canada;

(ii) agency, authority, commission, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government;

(iii) court, arbitrator, commission or body exercising judicial, quasi-judicial, administrative or similar functions; and

(iv) other body or entity created under the authority of or otherwise subject to the jurisdiction of any of the foregoing, in each case having jurisdiction over such individual, transaction or event;

(d) “Private Information” means information about an identifiable individual;

(e) “Privacy Officer” means the individual designated as such by the Corporation, the Privacy Officer for the Corporation is Linda Luu, and may be contacted at lluu@bloom.ca; and

Technical Information” means data collected from our servers and from your web browser software when you visit the Website, including your IP address, the time and information about the page you requested and the website through which you were linked to our Website, if any.

Private Information and Third Party Websites

This Privacy Policy applies to all Private Information that is collected, used or disclosed by the Corporation. The Corporation has designated a Privacy Officer to be accountable for the operation of this Privacy Policy. Individuals may question or report any privacy concerns, breaches, violations or compliance issues to the Privacy Officer, as identified in the Definitions section.

If the policies and procedures outlined in this Privacy Policy do not address a specific situation, individuals are advised to contact the Privacy Officer for guidance or clarification.

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

This Privacy Policy does not apply to information collected by:

(a) us offline or through any other means, including on any other website operated by the Corporation or any third party (including our Affiliates and subsidiaries); and

(b) any third party (including our Affiliates and subsidiaries), through any application or content (including advertising) that may link to or be accessible from or on the Website.

Collection of Private Information

The Corporation collects and uses only the Private Information that we need for providing Products and Services and operating our business. Your Private Information is not sold to anyone for any purpose. Generally, the Private Information collected by the Corporation includes:

(a) contact and identification information, such as your name, address, telephone number, e-mail address, date of birth and gender;

(b) Private Information in connection with your request for certain Products or Services that you seek from us;

(c) additional service-related information concerning the Products or Services that we provide to or receive from you; and

(d) business relationship information, including information related to your agreements, preferences, advisors, suppliers, feedback and information requested by or provided to you.

We normally collect information directly from Users. We may collect your information from other persons with your consent, as provided in this Privacy Policy, or as authorized by Applicable Laws.  Before or at the time of collecting Private Information, we identify the purposes for which we are collecting the information. We do not provide this notification when Private Information is volunteered for an obvious purpose. If we wish to use or disclose your Private Information for a new purpose not included in this Privacy Policy, we will notify you and seek your consent.

Consent

By providing your Private Information to the Corporation you agree and consent that we may collect, use and disclose your Private Information in accordance with this Privacy Policy and any document that you have executed and/or delivered to the Corporation. For clarity, you consent to the Corporation disclosing, for the purposes described herein, your Private Information and any and all other information that you have provided to us in order to purchase our Products and Services.

By providing your Private Information to the Corporation, you agree and consent that we may receive your Private Information from and send your Private Information to Authorized Authorities, and any other individuals or entities necessary in order to provide you with our Products and Services and comply with Applicable Laws.

You can refuse to consent to our collection, use or disclosure of Private Information about you, or withdraw your consent to our further collection, use or disclosure of Private Information at any time by giving us reasonable notice, provided your refusal or withdrawal of consent does not limit our ability to provide our Services, to comply with Applicable Laws with respect to the Private Information in our possession or limit any rights we have under this Privacy Policy or any documents that you have executed and/or delivered to the Corporation. In certain cases, your refusal to consent could prohibit your eligibility as a customer of the Corporation.

If you do not want the Corporation to contact you by e-mail, mail or telephone you may request such through our Privacy Officer subject to any rights we may have to disclose your Private Information under Applicable Laws, this Privacy Policy or any documents that you have executed and/or delivered to the Corporation in connection with this Privacy Policy.

Use of Private Information

The purpose for collecting Private Information is set out in this Privacy Policy. The amount and type of Private Information collected by the Corporation shall be limited to what is necessary to fulfill the identified purpose. Private Information shall only be used or disclosed for the purposes for which it is collected. Exceptions may be made with the consent of the individual or if authorized or required by Applicable Laws.

Private Information collected by the Corporation or on behalf of the Corporation will be stored on cloud-based servers currently hosted by Squarespace in the US and will be compliant with Canadian Privacy legislation and subject to Applicable Laws.

The Corporation collects and uses Private Information to enable us to manage, maintain and develop our operations, including:

(a) to establish, maintain and manage our relationship with you so that we may provide you with the Products and Services that have been requested;

(b) to enable you to register and access an account with us;

(c) to review the Products and Services that we provide to you so that we may understand your requirements for our Products and Services and work to improve them;

(d) to comply with your requests;

(e) to protect the Corporation against error, fraud, theft and damage to our goods and property;

(f) to enable us to comply with Applicable Laws; and

for any other reasonable purpose to which you consent.

Disclosure of Private Information

We may share your Private Information with an Authorized Authority, and any other individuals or entities necessary in order to provide you with our Products and Services. All such sharing is done in a manner consistent with this Privacy Policy.

We may also share your Private Information with our employees, contractors, consultants and other parties who require such information to assist us with managing our relationship with you, including third parties that provide services to us or on our behalf, as well as individuals or organizations who are involved in maintaining, reviewing and developing our business systems, procedures and infrastructure including testing or upgrading our computer systems.

In addition, Private Information may be disclosed or transferred to another party during the course of, or completion of, a change in ownership, in all or a part of the Corporation or its Affiliates through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your Private Information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

Finally, your Private Information may be disclosed:

(a) for the purposes described in this Privacy Policy;

(b) as part of an audit by Health Canada;

(c) as otherwise permitted or required by Applicable Laws or regulatory requirements;

(d) to comply with valid legal processes such as search warrants, subpoenas or court orders;

(e) as part of the regular reporting activities of the Corporation and its Affiliates;

(f) to protect the rights and property of the Corporation;

(g) during emergency situations or where necessary to protect the safety of a person or group of persons; and

(h) with your consent.

Use of Technical Information

We may use tracking technologies to acquire Technical Information in a variety of ways, including the following: keeping count of return visits to the Website; accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Website usage; and determining which features Users like best. We use aggregated Technical Information to measure and improve the effectiveness of the Website and improve its content and responsiveness to visitor interests. We will not combine the Technical Information with any Private Information we have collected. For clarity, the aggregate Technical Information we produce in relation to use of the Website does not identify individual visitors.  We may disclose the aggregate Technical Information about the use of the Website to our service providers, regulatory bodies, and others.

Your internet browser has a feature called “cookies”.  A cookie is a small amount of data stored on your computer or device about your visit to our Website. Cookies tell us nothing about who you are, however, unless you specifically give us Private Information. You do not need to have cookies turned on to visit the Website. You may also elect not to allow cookies to be collected by selecting certain options on your internet browser. We may use cookies to serve our remarketing campaigns so that third-party vendors, including without limitation Google and Facebook, show our ads on websites across the internet. You can opt out of the third parties’ use of cookies by visiting their advertising preference settings.

Third Party Analytics or Ad Serving Services

The Corporation may use certain third-party analytics and/or ad serving services. The providers of these services may independently collect, use and disclose your IP address together with information about your visits to this and other websites that they service in accordance with their own privacy policies (and not this Privacy Policy). These services may use their own cookies and other data collection technologies. They may use this information in order to improve your experience, to gain a view of how people are using websites that they service so that improvements can be made, and as otherwise permitted in their privacy policies.

The Corporation may also use targeted advertising service providers to tailor advertisements to your preferences. These advertisements may appear on the Website or social media websites, or on third party websites.

Private Information Posted by the Individual

From time to time, the Corporation may offer interactive services which allow Users to share information with other Users on the Website, such as message boards, user reviews or similar functions. These features may permit a User to publish Private Information about him or herself or about another individual. By submitting such information, the User represents:

(a) that the User consents to its collection, retention and public disclosure by the Corporation; and

(b) that the User has obtained the same consent from any other individual whose Private Information is being posted.

The Corporation does not monitor or moderate information submitted or posted by the Users of the Website and accepts no responsibility or liability for any content, including without limitation Private Information, posted in this way.

If an individual believes that his or her Private Information has been posted by a third party without consent, that individual should contact the Privacy Officer so that the complaint may be investigated and the content removed if it is appropriate to do so.

Social Networking

When you use certain functions that may be included on the Website or you post information to other social networking websites (e.g. posting a link to the Website on Facebook or Twitter), the Private Information that you post or share in connection with these third-party websites is visible to other persons and can be read, collected, used and disclosed by other persons. Any information provided to such third-party social networking websites and other websites is outside of the Corporation’s control and is not governed by this policy.

Access to Private Information

Upon request received by the Corporation in writing, individuals shall be informed of the existence, use, and disclosure of their Private Information records and shall be given access to that information. Requests to access Private Information held by the Corporation should be directed to the Privacy Officer.

Requests must be made in writing to the Corporation or by e-mail to the Privacy Officer. Individuals may be required to verify their identity in order to access their Private Information. Any documentation provided in support of such verification shall be used for verification purposes only.

The Corporation responds to requests for access to Private Information within sixty (60) days of receipt of the request or as may be permitted in accordance with Applicable Laws.

A fee for reasonable costs incurred may be charged when responding to more complex requests. The individual will be informed of the applicable fee.

Requested information will be provided in a form that is generally understandable.

The Corporation will be as specific as possible when describing third parties to whom it has disclosed Private Information about an individual when required or authorized to do so by Applicable Laws. When it is not possible to provide a list of the organizations to which it has actually disclosed information, the Corporation will provide a list of organizations to which it is likely to have disclosed information.

Individuals are permitted either to view the original record, or to request a copy, subject to limitations as permitted or required by law. To preserve the integrity of the record and ensure that documents are not removed from the Corporation, individuals wishing to view an original record will do so at the Corporation’s head office and under the supervision of designated Corporation personnel.

Limitation to Access  

The Corporation will only refuse you access to Private Information relating to you in circumstances permitted or required by the Applicable Laws. In the event that the Corporation refuses to provide access to information, it will provide you with the reasons for its refusal upon request, unless the Corporation is prevented by Applicable Laws from disclosing the reasons to you. Exceptions may include information that contains references to or opinions of other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, or information that is subject to solicitor-client or litigation privilege. The Corporation will respond to your requests for access in accordance with Applicable Laws.

Maintenance of Private Information

Private Information shall be kept as accurate, complete, and up-to-date as necessary for the purposes for which it is to be used.

Individuals have the right to challenge the accuracy and completeness of the Private Information that is maintained by the Corporation and have it amended as appropriate.

Individuals seeking a correction or amendment to their Private Information should direct their requests in writing to the Privacy Officer.

All formal requests to amend Private Information must be accompanied by appropriate supporting documentation. The Privacy Officer will manage any exceptions. The amended information will be transmitted to third parties, as appropriate.

If the individual is not satisfied with the results of the request, the Corporation shall internally document the issue, and provide a response. The existence of the unresolved challenge will be transmitted to third parties, as appropriate.

Security of Private Information

Private Information will be retained only as long as necessary, including for compliance with the Applicable Laws, and will be disposed of in a manner that is appropriate to the sensitivity of the Private Information. We render User Private Information non-identifying, or destroy records containing Private Information once the information is no longer needed. We use appropriate security measures when destroying User Private Information, including shredding paper records and permanently deleting electronic records.

Private Information will be protected by security safeguards, appropriate to the sensitivity of the Private Information.

We will notify the Office of the Information and Privacy Commissioner of Alberta, without delay, of a security breach affecting Private Information if it creates a real risk of significant harm to individuals.

Fraud Prevention

The Corporation reserves the right to cooperate with local, national or international law enforcement or other Authorized Authorities in the investigation of improper or unlawful activities and this may require the disclosure of Private Information. If such an investigation requires disclosure of Private Information kept in our records, we may be required by law to cooperate. We also reserve the right to report improper or unlawful User activities on our Website, which may require the disclosure of Private Information relating to those individuals conducting such improper or unlawful activities.

Links

The Website may contain links to other websites and advertisements. This Privacy Policy only applies to information collected by our Website. We are not responsible for the privacy practices and policies of these third parties.

Challenging Compliance 

Inquiries or complaints concerning compliance with this Privacy Policy should be addressed, in writing, to the Privacy Officer.

If you are not satisfied with the response from Privacy Officer after making a complaint, you may have recourse to additional remedies under Applicable Laws. For further information, please contact the Federal Privacy Commissioner or your provincial Privacy Commissioner, as applicable.

Questions and Complaints

If you have a question or concern about any collection, use or disclosure of Private Information by the Corporation, or would like to request access to your own Private Information, please contact our Privacy Officer.