Kwiki Bud, LLC. and its affiliates and subsidiaries, doing business as "Kwiki Bud" (collectively, "Kwiki Bud", "us", "our", and "we") are committed to respecting the privacy rights of our customers, visitors, and other users of this website, www.kwikibud.com, the "Sites"). We created this Privacy Policy ("Policy") to describe how we collect, use and share Personal Information (defined below) of users of the Site and any desktop, mobile, or other computer software application(s) provided by or through Kwiki Bud as described on the Sites (collectively, with the Sites, the "Platform"), including any other websites that leverage the Platform and post a link to this Policy (each, a "Partner Site"). This Policy does not apply to websites that post different statements and we are not responsible for the privacy practices or the content of other websites, even if we link to them through the Platform.
Before using the Platform or otherwise providing us with Personal Information, please carefully review this Policy, as well as our Terms of Use (the "Terms"). By using the Platform, you affirmatively consent to this Policy and the Terms, and our collection, use, and sharing of your data and information as described herein. If you do not agree with any of the practices described in this Policy or the Terms, do not use the Platform. Any capitalized term not defined in this Policy is defined in the Terms.
1. WHAT WE COLLECT. We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to you ("Personal Information") in a range of different ways:
1. Information You Provide.
1. When you create an Account with us through the Platform or on a Partner Site, we may collect certain information from you which you provide to us through the registration process and your use of the Platform, including without limitation: information that can identify you personally, including your name, postal address, email address, phone number, fax number, and in some cases, your user name and password, copy of government-issued identification, and a photo of you for security and safety purposes ("Identification Information"); and
2. Certain demographic information, such as your gender, occupation, location, age, spending patterns and preferences, date of birth, as well as other information you directly give us through our Platform or surveys you complete (" Demographic Information").
2. Collecting Identification Information allows us to create and maintain your Account, complete identity verification, process your transactions, ensure compliance with appropriate city, county, and state laws, and verify that you are of the minimum legal age to use the Platform. Demographic Information, such as age or location, may be used to restrict access to the Platform (for legal or compliance reasons) and to facilitate and improve your use of the Platform.
3. Information We Get From Others. We may also get Identification Information and Demographic Information about you from other sources; for example, we may collect such information about you through any third-party providers, services, or tools to the extent that your use of their services led to or relate to your use of the Platform. If you communicate, enter into transactions for goods and services, receive deliveries from, or participate in certain promotional offers with third parties (e.g., Third-Party Integration & Ads as defined in the Terms) such communications, transactions, and/or participation may be serviced or fulfilled by one of our licensed third-party partners. We may collect information about you from licensed third-party partners and from our delivery drivers, based on your interactions with them, of a similar type and treated in the same manner as the information we collect from you directly through the Platform. We may add this to information we get from the Site and/or Platform.
4. Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Site and/or Platform, we may log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site. We also automatically log information when you communicate with us directly, such as by telephone, email, or live chat, in order to ensure that you have a satisfying customer experience.
5. Cookies. We use cookies to operate and administer the Platform, gather usage data on the Platform, and improve your experience on it. A "cookie" is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies).
On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser's settings on the most popular browsers:
1. Internet Explorer
2. Mozilla Firefox
3. Google Chrome
4. Apple Safari
6. Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Platform and you may not be able to benefit from the full functionality of the Platform.
Advertising networks may use cookies to collect Personal Information. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative's online resources at http://www.networkadvertising.org and follow the opt-out instructions there.
If you access the Platform on your mobile device, you may not be able to control tracking technologies through the settings.
7. Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help us analyze how users use the Platform and enhance your experience when you use the Platform. For more information on how Google uses this data, go towww.google.com/policies/privacy/partners/.
8. Online Tracking and Do Not Track Signals. We and our service providers, including Facebook, may use cookies, pixels, or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Platform and use that information to send targeted advertisements. Our Platform currently does not respond to "Do Not Track" ("DNT") signals and operates as described in this Policy whether or not a DNT signal is received.
2. USE OF PERSONAL INFORMATION. We use your personal information as follows:
1. To operate, maintain, and improve our sites, products, and services;
2. To process and deliver contest entries and rewards;
3. To respond to comments and questions and provide customer service;
4. To send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
5. To communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners;
6. To link or combine user information with other Personal Information;
7. To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity and to ensure compliance with relevant state and local laws;
8. To provide and deliver products and services customers request or purchase on the Site, through the Platform, or on Partner Sites;
9. To facilitate your legal procurement of cannabis and cannabis products;
10. To maintain appropriate records according to their ordinary business practices and city, county or state laws; and
11. To facilitate deliveries by licensed retailers and drivers, for example, to determine your location and to verify your identity using a government-issued identification (if required).
3. Aggregated Information. We may aggregate Personal Information and use the aggregated information, which is not Personal Information, to analyze the effectiveness of our Platform, to improve and add features to our Platform, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Platform and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Platform, through cookies, and through other means described in this Policy.
4. SHARING OF PERSONAL INFORMATION. We may share Personal Information without further notice to you as follows:
1. Vendors, Service Providers, and Third Parties : We may share Personal Information with those who need it to do work for us, such as third-party tools, consultants, and technical services necessary for our business operations, including without limitation legal compliance, marketing, advertising, communications, analysis of statistics, server hosting, management of databases, etc.
2. With Your Consent : We may share Personal Information with your consent. For example, you may let us share Personal Information collected through your use of the Platform or Partner Sites with licensed cannabis dispensaries or other partners for their own marketing, referral, or promotional uses. Those uses will be subject to the recipients' privacy policies.
3. With Our Partners : When you make a purchase through a Partner Site, we will share Personal Information with the company whose branding appears on the Partner Site (each, a "Partner"). Subject to our agreement with the Partner, the Partner may use the Personal Information received with respect to its Partner Site for the Partner's own marketing, referral, or promotional uses in accordance with the Partner's privacy policy.
4. Business Transactions : If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a "Transaction"), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
5. Legal Requirements : We may share Personal Information if required to do so by law or in the good faith believe that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements; (ii) protect and defend the rights and property of Kwiki Bud, our agents, customers, and others, including by enforcing our agreements, policies, and Terms; (iii) prevent fraud; (iv) act in urgent circumstances to protect the safety of our employees and agents, our customers, or any person; or (v) protect against legal liability.
5. We may also share aggregated and/or anonymized information, which is not Personal Information, with others for their own uses.
6. INFORMATION CHOICES AND CHANGES. Our marketing emails tell you how to "opt-out." If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you. If you provide your telephone number, you acknowledge and agree that we and/or our Partners may contact you, including but not limited to for promotional, informational and other purposes, using SMS text messages, cellular or telephone calls, and push notifications (if applicable) even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company, and that such messages and calls may be sent using automatic dialing systems or artificial or prerecorded voice messages, as detailed in the Terms. You are not required to consent to receive SMS text messages or phone calls as a condition of using the Platform. If you would like to opt out of text messages or calls, you may text "STOP" from the device receiving such communications to the source number. If you would like to opt out of all communications from us, please contact our customer support team via the contact information provided below. You may send requests about your Personal Information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, update, or delete your Personal Information. For information about the rights of California residents, please see the following "Additional Information for California Residents" section.
7. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS. In accordance with the California Consumer Privacy Act ("CCPA"), this section is intended to inform California residents of (1) the Personal Information that we collect and how we disclose that information, and (2) the privacy rights California residents may have relating to their Personal Information and how those rights can be exercised.
1. Personal Information Collection and Disclosure. The following disclosures are intended to provide additional information about (1) the categories of Personal Information we collect, and (2) how and to whom we disclose that Personal Information. Nothing in this section limits our ability to use or disclose information as described elsewhere in this Privacy Policy.
1. Categories of Personal Information Collected : In the past 12 months, we have collected the following categories of Personal Information, as described in greater detail in the section above:
1. Identification Information , such as your name, postal address, email address, phone number, fax number, a copy of your government-issued identification, and your account information and password.
2. Demographic Information , such as your gender, occupation, income, location, age, date of birth, spending patterns and preferences, as well as other information you directly give us through the Platform or Partner Sites.
3. Commercial Information , such as purchase, and billing information if you choose to purchase products through the Platform or Partner Sites.
4. Online Activity Information , such as the computer operating system type, browser type, browser language, the website you visited before browsing to the Platform or Partner Sites, pages you viewed, how long you spent on a page, access times and information about your use of and actions on the Platform or Partner Sites.
5. Photo/Visual Information , such as photographs you take for security purposes when you place an order.
2. Sources of Personal Information : We collect the above categories of Personal Information from you (when you communicate with us or use the Platform or a Partner Site), our analytics providers, vendors, service providers, delivery drivers, third parties, and as otherwise described in the " What We Collect" section above. section above.
3. Purposes of Collection and Disclosure : We collect and disclose the above categories of Personal Information for the business and commercial purposes described in the " What We Collect" " Use of Personal Information" and " Sharing of Personal Information" sections above. sections above.
4. Categories of Personal Information Disclosed for a Business Purpose : We disclose for a business purpose all of the above categories of Personal Information to service providers, partners, and as otherwise described in the" Sharing of Personal Information" section above. section above.
5. Categories of Personal Information Sold: Kwiki Bud does not make your Personal Information available for purchase or otherwise share your information in exchange for monetary compensation. We may, however, share certain categories of Personal Information with third parties in common business arrangements that may be considered a "sale" under the CCPA's broad definition. For example, if you visit our Site or Platform, we may share your Identification Information and Online Activity Information with advertising partners and social media platforms to match and serve our targeted advertisements on third-party websites. See below for information about how to opt out of the sharing of your Personal Information for these and other purposes.
2. California Privacy Rights. To the extent provided for by the CCPA and subject to applicable exceptions and exclusions, California residents have the following privacy rights in relation to the Personal Information we collect:
1. The right to know what Personal Information we have collected and how we have used and disclosed that Personal Information.
2. The right to request access to the specific pieces of your Personal Information we have collected.
3. The right to request deletion of your Personal Information.
4. The right to opt out of the sale of your Personal Information.
5. The right to be free from discrimination for the exercise of your privacy rights.
3. Additionally, under California Civil Code Section 1798.83, California residents may have the right to request the categories of Personal Information we disclosed to third parties for their direct marketing purposes in the year preceding the request, the names and addresses of such third parties, and, in certain circumstances, examples of the products or services marketed by such third parties.
Exercising Your Rights : California residents can exercise the above privacy rights by emailing us at info@kwikibud.com
Verification : In order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your credentials before you can submit a request to know or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information for verification. If we cannot verify your identity, we will not provide or delete your Personal Information.
Authorized Agents : You may submit a request to know or a request to delete your Personal Information through an authorized agent. If you do so, we may require the agent to present signed written permission to act on your behalf and you may also be required to independently verify your identity with us and confirm that you have provided the agent permission to submit the request.
8. CONTACT INFORMATION. We welcome your comments or questions about this Policy. You may also contact us at:
4000 Pimlico Dr. Suite 114-276, Pleasanton, CA 94588
info@kwikibud.com
1. CHANGES TO THIS PRIVACY POLICY. We reserve the right, at any time and without notice, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to you unless required by law. Any such change, update, or modification will be effective immediately upon posting on the Site.