What Is Personal Information?
What Personal Information Do We Collect?
We collect and maintain different types of personal information in respect of the individuals with whom we interact. This includes:
- contact and identification information, such as your name, birth date, address, telephone number and e-mail address;
- personal information related to the goods and services that you seek from us;
- additional service-related information concerning the goods and services that we provide to, or receive from, you; and
- payment information, including your credit card information.
CUSH’s operations include activities related to the sale of cannabis, coffee, clothing and other merchandise. As such, CUSH may also collect personal information from individuals participating in and / or impacted by those activities.
As a general rule, CUSH collects personal information directly from you. In most other circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions).
From time to time, we may utilize the services of third parties and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.
We may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page within our website that is viewed by that IP address, what country you are from, time spent on one of our webpages, bounce rates, pages visited, content consumption, and other e-commerce metrics including products viewed, products placed in carts, cart size, abandoned carts. We use this information to monitor our website’s performance (such as number of visits, average time spent, page views) and for our business purposes (such as improvements to our website).
We may place a ‘cookie’ on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows our website to identify you and to record your passwords and preferences. The cookie allows us to track your visit to the website so that we can better understand your use of our website so that we can customize and tailor the website to better meet your needs. Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (i) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (ii) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you may not be able to access a number of web pages found on the website.
Our website may contain links to other websites that may be subject to less stringent privacy standards. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites. CUSH is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.
Finally, our website may provide you with an opportunity to interact with others and share your thoughts, information, content and materials (collectively “User Generated Content”). You are solely responsible for the User Generated Content that you post on our websites. Unless explicitly stated otherwise, any User Generated Content that you post onto our websites (including your username) will be made publicly available. As such, do not post any personal information onto our websites (such as your name or email address) if you wish to remain anonymous.
Third Party Website Trackers
You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link: https://www.hotjar.com/legal/compliance/opt-out.
Finally, we may use other third party trackers such as Google Tag Manager, Facebook Custom Audience and Facebook Connect for the same purposes that we use Google Analytics (as explained above).
Why Do We Collect Personal Information?
CUSH collects personal information to enable us to manage, maintain, and develop our operations, including for example:
- to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the goods and services that have been requested;
- to enable you to register and access an account with us;
- to obtain and process payments for the products and services that we provide to you;
- to be able to review the goods and services that we provide to you so that we may: (i)understand your requirements for our goods and services; and (ii) work to improve our goods and services;
- subject to applicable law, to enable us to send our newsletter and marketing/promotional materials to you;
- to create Aggregated Information (as defined below);
- to be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);
- to protect CUSH against error, fraud, theft and damage to our goods and property;
- to enable us to comply with applicable law or regulatory process; and
- to maintain contact with you and provide you with ongoing personalized service and help us to better understand and respond to your needs and preferences as well as to develop customer profiles based thereon and to communicate special offers and promotions by email and text messages from CUSH concerning our products and services;
- any other reasonable purpose to which you consent.
Please note that our video surveillance systems may collect your personal information when you attend our retail and other locations. Such collection is done:
- to facilitate a safe and secure environment;
- to support an immediate response to an observed or reported incident;
- to help us collect certain demographic information (e.g. age and gender) to enable us to better understand who our customers are;
- to enable us to know how many customers we have, how they shop, and their shopping preferences;
- to protect CUSH against error, fraud, theft and damage to our goods and property (e.g. by integrating point-of-sale transactional data with videos taken at the time of transactions); and
- to enable us to comply with applicable law.
How Do We Use and Disclose Your Personal Information?
We may use or disclose your personal information:
- as permitted or required by applicable law or regulatory requirements;
- for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.
“Aggregated Information” means information that: (i) arises from the compilation, combination and/or analysis of personal and other information; and (ii) is anonymized.
We may use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.
When Do We Disclose Your Personal Information?
We may 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 third parties that provide services to us or on our behalf.
For example, we may share your personal information from time to time with our third-party information technology, data processing, payment processing, advertising/marketing, call center and age/identity verification service providers so that we may operate our business, some of which may be located in the United States. As a result, your personal information may be collected, used, processed, stored or disclosed in the United States and may potentially be accessible to law enforcement and national security authorities of that jurisdiction. However, it is important to note that in the unlikely event United States law enforcement and/or national security authorities request your personal information, it shall only be provided in strict accordance with the law and subject to all required legal permissions. To the extent permissible, you will be informed if disclosure of your personal information is requested by law.
Finally, your personal information may be disclosed:
- to third party databases for the purposes of verifying your age;
- as part of an audit by the Minister of Health;
- as permitted or required by applicable law or regulatory requirements;
- to comply with valid legal processes such as search warrants, subpoenas or court orders;
- as part of the regular reporting activities of CUSH and its affiliates;
- to protect the rights and property of CUSH;
- during emergency situations or where necessary to protect the safety of a person or group of persons; and
- with your consent.
Your Consent is Important to Us
It is important to us that we collect, use or disclose your personal information where we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.
We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.
You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Chief Privacy Officer, using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Chief Privacy Officer.
How is Your Personal Information Protected?
CUSH will endeavour to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. Unfortunately, we cannot guarantee complete security: (i) unauthorized access, use, or disclosure, (ii) hardware or software failure, and (iii) other events may potentially compromise the security of your personal information.
The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.
Updating Your Personal Information
It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.
In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.
Access to Your Personal Information
You can ask to see your personal information. If you want to review, verify or correct your personal information, please contact our Privacy Officer. Please note that any such communication must be in writing.
When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our Privacy Officer.
Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your personal information, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.
Inquiries or Concerns?
CUSH Brands Company Ltd.
518 Queen St West
Attention: Privacy Officer