Seekweed Privacy Policy

Last updated August 1, 2022

Table of Contents

1. Introduction

2. Information We Collect

3. How We Use Your Information

4. How We Share Your Information

5. Cookies and Other Web Technologies

6. Managing And Deleting Your Information

7. Your California Rights; Privacy Policy

8. Children Using the Websites and Mobile Applications, Mobile Apps or Services

9. Security

10.International Data Transfer

11. Contact Information

1. Introduction

Welcome to the Seekweed family of sites and software! This Seekweed Privacy Policy (“Privacy Policy”) describes how we collect, use, and share information about you when you access or use Seekweed’:

 

a) (i) Websites and Mobile Applications, portals, applications (including mobile applications), channels, software, and widgets (including as embedded on sites owned by third parties), and (ii) social media pages and channels (collectively, the “Websites and Mobile Applications”); and

b) any services, features, media, functions, content, tools, and links contained in or offered via the Websites and Mobile Applications (collectively, the “Services”).

We may also post other privacy policies or statements on our Websites and Mobile Applications or Services where applicable. To the extent those other privacy policies or statements conflict with this Privacy Policy, this Privacy Policy shall control to the extent of the conflict with regard to the Services.

From time to time, we may make changes to this Privacy Policy. When we make such changes, we will do our best to notify you by email, push notification or in-app notification, or a prominent notice on our Websites and Mobile Applications.

Capitalized terms not defined herein shall have the meanings defined in the Seekweed Terms of Use.

2. Information We Collect

We may collect certain types of information in order to better provide our Websites, Mobile Applications and Services:

1. Information You Provide: We collect information you provide us, such as:

• Account Information: If you create an account on any of our Websites and Mobile Applications or Services (a “User Account”), you may submit personal information such as your full name, e-mail address, home address, phone number, zip or postal code, gender, a profile bio, and birth date. Some users may also submit their (i) means of age verification (e.g., driver’s license), or (ii) medical marijuana recommendation, including their recommending doctor’s name and license number, contact information, verification methodology, and verification number (“Medical Marijuana Information”).

• Public Content: The information that you contribute or post on our Websites and Mobile Applications or Services (“Public Content”) is intended for public consumption, including your reviews, tips, photos, videos, check-ins, comments, likes, posts, events, bookmarks, friends, lists, compliments, and User Account name and profile photo.

• Transactional Information - Orders: If you initiate a transaction through any of our Websites and Mobile Applications or Services, whether the transaction is an order placed with a participating vendor (“Retailer”) or an order placed directly with us, you may submit to us personal information such as your name, date of birth, telephone number, license plate number, billing address, shipping address, delivery address, e-mail address, and identification cards. Some users may also submit Medical Marijuana Information for orders placed through any of our Websites and Mobile Applications or Services. This can include order history. Additionally, some users may submit photographs of themselves or signatures in order to process an order.

• Transactional Information - Other Requests: From time to time, we may make available certain promotional campaigns or request your participation in surveys or advocacy efforts and require participants to provide certain personal information, such as your full name, phone number, mailing address, e-mail address, and professional information.

1. Information Created When You Use Our Websites, Mobile Applications and Services:

• Transactional Information: If you initiate a transaction through any of our Websites and Mobile Applications or Services, in addition to the information you provide us directly, we also automatically collect certain information, such as the date and time the transaction was initiated or the transaction status changes.

• Location Information: We collect information about your precise or approximate geographic location with your consent, such as when you press a “Locate Me” button. We may collect this information from your mobile device if you have enabled such functionality. Some of our Services, such as our Seekweed Driver app, will not work without permission to track the user’s location. We may also collect your approximate location or IP address from your browser using cookies or other web technologies and infer your location from other information we have collected.

• Other Browsing and Device Information: We automatically collect information about you when you use the Websites, Mobile Applications and Services. In addition to transactional and location information described above, the information we automatically collect includes log data and device information including browser type, domain name, the website that led you to our Websites and Mobile Applications, the website to which you go after leaving our Websites and Mobile Applications, the dates and times you access our Websites and Mobile Applications, device ID, and browsing activities within our Websites and Mobile Applications or Services (e.g., links you click, searches you run, the date and time of your visit or order, the amount of time you spend on specific pages, the businesses you call, e-mail, or chat using our Websites and Mobile Applications or Services, including our mobile applications, and the orders and purchases you make through our Websites and Mobile Applications or Services). We may collect certain information with the help of cookies and other web technologies--please see our Cookies and Other Web Technologies section below for more information.

• Communications: From time to time, you may contact Seekweed customer support or otherwise contact us; or exchange messages with other Seekweed users, Retailers or other brands listed on our Websites and Mobile Applications. Messages that you exchange through our Websites and Mobile Applications or Services are saved. If you send or receive messages through our Websites and Mobile Applications or Services via SMS text message, in addition to saving the messages, we may log phone numbers, phone carriers, and the date and time that the messages were processed. We may also store the information that you provide when you communicate with us, including phone calls, letters, e-mails, and other electronic messages, or in person.

1. Information Collected from Other Sources:

• Retailers: Retailers may provide us with information about you – either directly or indirectly through their service providers. For example, Retailers may obtain additional personal information from you in the course of fulfilling an order placed via any of our Websites and Mobile Applications or Services and share this information directly with Seekweed. Retailers may store this personal information about you using a point-of-sale service provider (such as Seekweed Retail), which is a third party service provider that provides point-of-sale services to enable Retailers to process and fulfill transactions, manage inventory, maintain records, and report transactions in compliance with applicable law. Retailers may direct their point-of-sale service provider to share such personal information with us in order to ensure our and our service provider’s records regarding your order are consistent so we can efficiently and effectively facilitate your order fulfillment. Similarly, Retailers may use loyalty program service providers to reward you for purchases you make with the Retailer from time to time. Retailers may share the personal information they have collected relating to their loyalty program with Seekweed, either directly or through such Retailer’s loyalty program service provider, in order to enable you to use the rewards you have collected in the past and apply them to an order placed via any of our Websites and Mobile Applications or Services.

• Third Party Service Providers: Some of our third-party service providers will collect information from you directly and share some of that information with us. For example, if you place an order for Seekweed apparel using a credit card, Shopify will provide us with payment-related details such as the type of credit card you used and name on your card. Other third-party service providers will collect information about you via cookies or other web technologies and share that information with us. For more information about the information third parties collect via cookies and other web technologies, see Cookies and Other Web Technologies section below for more information.

• Other Third Party Sources: If you create a User Account using a third-party log-in service (such as Facebook, Google or Apple), the provider of the third-party log-in service will share personal information about you such as your name and email address to enable us to create an User Account for you. Other third parties that use our Services on a paid or free basis may let us collect information about your use of their Websites and Mobile Applications or share such information with us. For example, if you use a Seekweed embedded brand or dispensary map tool, Seekweed Orders widget, or other Service on a third-party website, we may receive information about your use of that tool, widget or other Service. Additionally, we may acquire information about you from third party sources and combine it with information in our possession.

3. How We Use Your Information

We may use your information to:

• Process your request for Services, products, or information;

• Provide you with customer support;

• Provide you with personalized offers;

• Promote the Websites, Mobile Applications and Services;

• Improve, upgrade, and enhance our Websites, Mobile Applications and Services;

• Analyze system administration, debug and identify repairs, and back up our systems to allow for disaster recovery;

• Detect security incidents and protect, investigate, prevent, and potentially take action against possible deceptive, fraudulent, unauthorized, malicious or illegal activities;

• Carry out any specific purposes for which we have obtained your consent;

• Comply with applicable legal requirements and protect our legal rights and the legal rights of our users and other third parties, including enforcing our Terms of Use, this Privacy Policy, and any other policies governing your access to or use of any of our Websites and Mobile Applications or Services; and

• Engage in other legitimate business activities as permitted by law.

4. How We Share Your Information

We generally do not share your personal information, except in the following limited circumstances:

1. We may share your personal information at your direction, including with third parties such as Retailers to fulfill orders or requests you place on our Websites and Mobile Applications. Similarly, by participating in one of our campaigns, such as a referral campaign, you direct us to share your information as contemplated in that campaign.

2. If you use our Websites and Mobile Applications or Services to place an order for cannabis products from a Retailer that has designated a point-of-sale service provider we integrate with as its service provider, we will share information from or about you with these third-party service providers so that they may facilitate your requested transaction, including by providing information such as tax calculations and product availability as well as real-time status updates. The applicable point-of-sale service provider may also use your order-related information as required to process and report cannabis transactions under applicable law. Most of your order information will only be shared with a point-of-sale service provider after you submit your order, but we will share your delivery zip or postal code, Seekweed internal user identification number, certain Medical Marijuana Information, and requested products, and any other information required to provide accurate tax calculations in the jurisdiction in which your order is placed, in advance of order submission in order to obtain tax calculations, product availability, and other information relevant to your potential order. Retailers may also directly share your order-related information with their point-of-sale service provider for the fulfillment, processing and reporting of your order.

3. If you use our Websites and Mobile Applications or Services to place an order for cannabis products from a Retailer that has designated a loyalty program service provider we integrate with as its service provider, we will share information from or about you with these third-party service providers so that they may facilitate your requested transaction, including by enabling you to sign up for rewards programs or use rewards you have previously earned with the same Retailer. The applicable loyalty program service provider will also use information about your order to enable you to earn rewards for orders placed via our Websites and Mobile Applications or Services.

4. We may share your information with service providers who perform services on our behalf. For example, we may share your information to provide some of the features and services that are available through our Websites and Mobile Applications or Services, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, marketing and promotional features, identification verification, product listings, and brand management.

5. In the event that Seekweed is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal) involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction and such acquirer or merged entity may thereafter utilize your personal information in accordance with this Privacy Policy. Finally, in the event of insolvency, bankruptcy, or receivership, information may be transferred as a business asset.

6. Some of our Websites and Mobile Applications utilize framing techniques to serve content to you from our third-party service providers and other third parties, while preserving the look and feel of our Websites and Mobile Applications or Services. In such cases, you are sharing your information with the applicable third party.  Similarly, some portions of our Websites, Mobile Applications and Services use the Google Maps API and this Privacy Policy therefore incorporates Google’s Privacy Policy by reference.

7. If you log into our Websites and Mobile Applications or Services through a third-party service (e.g., Facebook, Google and Apple), we and the third party may receive and share information about you and your use of our Websites, Mobile Applications and Services. You should review the privacy policies of these third-party services for more information.

8. We may share user information in the aggregate with third parties, including with the general public in our marketing materials and in our non-public discussions with third parties such as advertisers, brand managers, and content distributors. For example, we may disclose the number of users that have been exposed to or clicked on advertisements or certain products available in the Websites and Mobile Applications or Services, or the general characteristics of such users.

9. We may disclose information from or about you to government officials, law enforcement or private parties if we believe that such disclosure: (i) is reasonably necessary to comply with federal, state, or local legal process and legally binding law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (ii) is helpful to prevent, investigate, or identify possible wrongdoing in connection with our Websites and Mobile Applications or Services; or (iii) protects our rights, reputation, property, or that of our users, affiliates, clients, partners, or the public. We may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses, or to protect Seekweed, our Websites, Mobile Applications and Services, or any rights, property, or personal safety of Seekweed or others.

10. We may share information from or about you (such as your age and gender, your devices, and your use of the Websites, Mobile Applications and Services) with Retailers, for example, when you place orders via any of our Websites and Mobile Applications or Services, including for the avoidance of doubt via any embedded order functionality on third party Websites and Mobile Applications. Keep in mind that Retailers may see your Public Content and receive information about orders you place with them as described in our Information We Collect section above, regardless of your settings.

Additionally, if you make a phone call or otherwise contact a Retailer through or in connection with your use of our Websites and Mobile Applications or Services, we may share basic information about your call or chat with the Retailer that you contacted, such as the date and time of your call or other contact method and your phone number or other applicable contact information. Your phone number and basic information about your call or other contact method would have been available to the Retailer had you contacted them directly, and not through our Websites and Mobile Applications or Services. You may be able to limit our ability to collect and share your phone number through your phone’s settings or phone service provider.  Your Medical Marijuana Information is not used for marketing purposes, other than in the aggregate, or at your request, or with your consent.

5. Cookies and Other Web Technologies

We may use cookies, web beacons, tags, scripts, local shared objects such as HTML5, advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology in connection with your use of our Websites and Mobile Applications or Services. In addition, we may allow third parties to incorporate their third-party SDKs, cookies or other technologies into our Websites, Mobile Applications and Services to perform services on our behalf, such as analytics or advertising services.

For more information about how we use cookies and other web technologies, please see our Cookie Notice.

6. Managing And Deleting Your Information

* If you are a resident of California, please see our Your California Rights; Privacy Notice For California Residents section below.

Your Right To Access and Manage Your Information

You have the right to access, review, correct, or update the information you provide to us as part of your registration for a User Account with our Websites and Mobile Applications or Services.

You can exercise this right and manage your own information by updating your User Account directly or by submitting a data request to us pursuant to our Data Requests section below. You are responsible for the information you provide to us, and you should maintain the accuracy of the personal information in your User Account so that we can best provide products and services to you.

You may also be able to disallow our use of certain location data through your device or browser settings, for example, by disabling “Location Services” for the Seekweed application in iOS privacy settings. Please note, however, that disabling Location Services may adversely impact your experience with the functionality of our Websites and Mobile Applications or Services, and enabling such services may be necessary in some cases to allow certain transactions.

Your Right To Delete Your Information

You have the right to delete certain personal information you provide to us as part of your registration for a User Account with our Websites and Mobile Applications or Services, or that you submit through our Websites and Mobile Applications or Services. Keep in mind, we need this information to provide account management and access, and if you choose to delete information, you may not be able to take advantage of certain features of our Websites, Mobile Applications and Services. Should you choose to delete information, you can exercise this right by submitting a data request to us pursuant to our Data Requests section below. We will never discriminate against you should you choose to exercise these rights.

In some circumstances, we may retain information about you for legitimate business or legal purposes, or for any purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with our Websites and Mobile Applications or Services, or to comply with legal obligations. Some information may persist in a limited internal capacity for internal administration, such as in backup files maintained for data integrity and disaster recovery. We strive to store your information no longer than necessary, and will take steps to delete your information where reasonably possible.

You also cannot delete information associated with past purchases because we, and third-party businesses listed on our Websites and Mobile Applications or Services, may be required to maintain records of purchases for a specified period pursuant to applicable federal, provincial, state, or local law. Also, any public postings or other communications you have made on our Websites and Mobile Applications or Services, such as in forums or blogs, generally cannot be removed, so please be mindful of the information you include there.

Customer Data

Third-party businesses like Retailers who use our Websites and Mobile Applications or Services may submit electronic data or information they possess about their own customers to us (“Customer Data”) for various purposes, including hosting and processing. Customer Data may include personal information, including, but not limited to, the name, location, and e-mail address of such customer. Any uses of the Customer Data by Seekweed are conducted pursuant and subject to the terms of Seekweed Terms of Use and this Privacy Policy, or as required by law.

If your personal information has been submitted to us by a third-party business using our Websites and Mobile Applications or Services as Customer Data and you wish to exercise your rights to access, revise, or delete such data, please inquire with the relevant third-party business and submit a data request to us pursuant to our Data Requests section below.

Please note that we take your privacy seriously and therefore take steps to safeguard your personal information, including ensuring an adequate level of data protection in accordance with international standards.  If you are not satisfied with how we have stored or processed your personal information, please contact us pursuant to our Contact Information section below.

Data Requests

If you would like to access, revise, or delete any personal information, please submit a written data request by contacting us pursuant to our Contact Information section below.

We will take such steps as we deem necessary to verify your identity before proceeding with your data request. For example, we may ask you for a piece of information held in your records that you might reasonably be expected to know. We cannot disclose personal information pursuant to a data request to anyone other than the individual in question.

Once any queries around the information requested have been resolved, copies of the information will be sent to you electronically wherever possible or, if this is not technically possibly, by mail.

If you submit multiple data requests and these data requests are excessive or manifestly unfounded, we will charge $20.00 to cover the administrative costs involved in dealing with each data request. In extreme circumstances, we reserve the right to refuse your data requests if they are excessive or manifestly unfounded.

We will attempt to respond to proper and confirmed data requests within thirty (30) days, or as otherwise required by applicable law. If you are not satisfied with the way your data request was handled, you may refer your data request to your state (if in the US) or country’s data protection authority. In the European Economic Area (EEA), any such request should be directed to the appropriate Data Protection Authority in the EU Member States and in Iceland, Liechtenstein, and Norway.

Your Right To Cancel Or Modify Marketing Communications

You have the right to cancel or modify the e-mail marketing communications you receive from us. You can exercise this right by following the instructions contained within our promotional e-mails or, in some cases, by logging into your User Account and changing your communication preferences. Please note that this will not affect subsequent or different subscriptions--if your opt-out preferences are limited to certain types of e-mails, the opt-out will be so limited.

While you can manage some of your e-mail preferences, please note that you cannot opt out of receiving certain administrative, transactional, or legal messages from Seekweed which we may send in the course of legitimate business if you are signed up for a User Account and/or use certain features. However, such announcements can be terminated by asking us to close your User Account.

7. Your California Rights; Privacy Notice For California Residents

This California Privacy Notice (“CA Privacy Notice”) supplements the information contained in the Privacy Policy and applies solely to visitors, purchasers, users, and others who reside in the State of California (“California Consumers” or “you”), and who use our Services, as referenced above in the Privacy Policy. In the event of a conflict between this CA Privacy Notice and the Privacy Policy, this CA Privacy Notice will prevail only to the extent of resolving such conflict.

Information We Collect About Our California Consumers

In the past twelve months we may have collected the following types of information:

Your Rights As A California Consumer

As a California Consumer, you have certain rights regarding your personal information. You have the right to request from us the following information: (1) the specific pieces of personal information we have collected about you; (2) the categories of personal information we have collected about you; (3) the categories of sources from which your personal information is collected; (4) the categories of personal information we sold or disclosed for a business purpose; (5) the categories of third parties to whom your personal information was sold or disclosed for a business purpose; and (6) the business or commercial purpose for collecting or selling your personal information.

You also have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

How To Exercise Your Rights Under California Law

To exercise any of the rights described above, please submit a verifiable request by contacting us us pursuant to our Contact Information section below. Please note that Seekweed must verify the identity of the requestor. You may designate an authorized agent to make a request on your behalf by providing proof of a valid power of attorney, your valid government issued identification, and the authorized agent’s valid government issued identification. Upon receiving your request, we will send you a follow-up email asking you to provide and certify information necessary to verify your identity. We cannot respond to requests where the identity and authority of the requestor cannot be confirmed.

You are not required to have a User Account with us in order to submit a request and we will only use personal information provided in a request to verify the requestor’s identity or authority to make such a request. Please note you may only make a verifiable request for access or data portability twice within a 12-month period.

Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt. If we are unable to comply with a request, we will inform you of the reason why.

We Do Not Sell Your Personal Information

We do not “sell” the personal information we collect, and we will not sell it without providing you the opportunity to opt out.

However, California law defines “sale” broadly in such a way that the term sale may include using targeted advertising we use on the Services, or how third party services are used on our Services. Like most online publishers, we use these services to enable us to provide the Services and relevant offers to you, including at your request.

To limit such advertising, please see our Cookies and Other Web Technologies section above for more information.

Non-Discrimination Policy

California Consumers who choose to exercise the rights described in this section will not be denied any goods or services, charged different prices or rates, or be provided a different level or quality of goods or services unless those differences are related to your personal information.

Shine the Light Disclosure

California law allows you to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed your personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the types of personal information disclosed to those third parties. Seekweed does not share personal information with third parties for their own direct marketing purposes without your prior consent. You can also prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.

8. Children Using The Websites and Mobile Applications Or Services

Our Websites, Mobile Applications and Services are intended for adults only and require that users be no less than eighteen (18) years of age. Please note that certain of our Websites, Mobile Applications and Services require you to be at least twenty-one (21) years of age to access and use such Websites, Mobile Applications and Services. Please check the applicable terms and conditions for such Websites, Mobile Applications and Services for further information. Individuals under the age of eighteen (18) (or twenty-one (21) for applicable Websites, Mobile Applications and Services) are prohibited from creating a User Account and profile, accessing our Websites and Mobile Applications or Services, and/or ordering products on our Websites and Mobile Applications or Services. If you become aware that an underage user has created a User Account using false, stolen, or otherwise misleading information, please contact us immediately pursuant to our Contact Information section below.

9. Security

We have implemented a number of measures to help protect your personal information. These measures include, but are not limited to, minimizing access to personal information to employees with a need to access it, and encrypting personal information provided through our Websites and Mobile Applications using SSL/TLS. Please note, however, that while we endeavor to keep our security measures up-to-date, no data security measures can guarantee complete security. In addition, there are steps you can take to help protect your information, including choosing a robust password for your device and/or User Account that nobody else knows or can easily guess, and keeping your log-in and password private. Seekweed is not responsible for the actions or activities of unauthorized third parties who compromise our security measures, and so we cannot be responsible for such unauthorized party’s access, acquisition, or distribution of your personal information. If you believe your personal information has been compromised, we encourage you to notify us immediately pursuant to our Contact Information section below. Please note that we retain some personal information about you in accordance with our record retention policies, as required by law, or as required for the achievement of the purposes of the processing as mentioned above (e.g., to enforce any agreements or provide a product/service). It is important for you to protect against unauthorized access to your User Account, password, and computer. Be sure to sign off of your User Account when finished, especially if you are using a shared computer. You can learn more about steps you can take to protect your personal information at: https://www.consumer.ftc.gov/articles/0272-how-keep-your-personal-information-secure.

10. International Data Transfer

We share information globally, both internally within Seekweed and externally with our partners around the world. If you are located outside of the United States, please be aware that information we collect, including your personal information, may be transferred to, and processed, stored, and used within the United States. This transfer is necessary to provide our Websites, Mobile Applications and Services. The United States may have data protection laws that are different from those of your country. However, we take measures to ensure that any such transfers comply with applicable data protection laws and that your personal information remains protected to the standards described in this Privacy Policy.

11. Contact Information

For any questions related to this Privacy Policy or to submit a data request, you may contact us via e-mail at privacy@Seekweed.com, by phone at 1-833-660-0420, or write to us at the following address:Seek Solutions, LLC, Attn: Legal Department, XXXXXX Long Beach, CA 90815, United States of America.

For other customer service inquiries, please contact us via email at help@Seekweed.com or by phone at the phone number above.