Modern Leaf - your cannabis mentor

mODERN LEAF MANITOBA INC. - privacy policy

The website http://modernleaf.ca/ (the “Site”) is operated by Modern Leaf Manitoba Inc. (also referred to as “Modern Leaf”, “us”, or “we”). We respect your right to control your personal information. That is why we have developed this Privacy Policy which governs and explains how we collect, use and disclose your personal information (the “Privacy Policy”).

This page contains the Privacy Policy for the Site, as well as for any other websites or microsites operated by Modern Leaf (collectively, and together with the Site, the “Sites”), and for web applications, tools, forums, or social media pages offered by Modern Leaf on the Sites, and for any online services offered by Modern Leaf, including but not limited to cannabis and cannabis-related sales, retail, distribution and product consulting services, health and safety informational and educational services, blogs, events and promotions offered by Modern Leaf (together with the Sites, the “Service”).

By accessing or using the Service, you consent to the collection, use and disclosure of personal information by Modern Leaf in accordance with this Privacy Policy. You may choose not to provide us with personal information. However, if you make this choice we may not be able to provide you with the application, service or information that you requested.

You must be nineteen (19) years or older to use or access the Sites or use or access, or attempt to use or access, the Services. Such Services are not intended for use by individuals under the age of nineteen (19) years. By accessing and/or using any portion of the Sites and Services, you represent and warrant to Modern Leaf that you are nineteen (19) years of age or older, you have the right, authority and capacity to agree to and abide by this Privacy Policy, and you will use such Sites and Services in a manner consistent with any and all applicable laws and regulations. If you are under nineteen (19) years of age, you are not permitted to access the Sites for any reason.

1. Definitions

For the purposes of this Privacy Policy, the following words have the following meanings:

“collection” means the act of gathering, acquiring, recording or obtaining personal information from any source, including third parties, by any means.

“consent” means voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative, such as a parent or guardian (if appropriate). Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from a user's action or inaction.

“user” means an individual who uses the Service, including anyone else who accesses or visits the Sites.

“disclosure” means making personal information available to a third party.

“employee” means an employee of Modern Leaf, and for the purpose of this Privacy Policy only, includes agents, independent and other contractors performing services for Modern Leaf.

“personal information” means information about an identifiable individual, but not aggregated information that cannot be associated with a specific individual.

“registered user” means a user who has created and registered an account with Modern Leaf, as well as a Subscribing Organization that has created and registered an account or accounts with Modern Leaf.

“Subscribing Organization” means a company, entity or organization, including any cannabis business, that has subscribed to the Service.

“third party” means an individual other than the user, or the user's agent, or an organization outside Modern Leaf or a Subscribing Organization.

“use” means the treatment, handling and management of personal information by and within Modern Leaf.

2. Collection

Modern Leaf may collect any or all of the following personal information if the information is reasonably required to provide the Services accessed or requested by you:

(a) information that you provide when you become a registered user or otherwise complete forms on the Service, such as your name, email, postal address, telephone number, age, and country of residence;

(b) your log-in and password details in connection with your Modern Leaf account(s), including your username;

(c) information that you provide to Modern Leaf when you subscribe to the Service, such as your billing address, payment method and credit card information;

(d) information that you provide when you make a transaction, including products and services purchased, method of payment, and amount paid;

(e) information about your personal preferences, including marketing consents;

(f) your correspondence with Modern Leaf employees, including any questions, concerns or comments you may have about the Service or problems that you report;

(g) comments, videos, photographs, and any other content or information that you may post or submit to the Service, including, but not limited to, information about your cannabis consumption; and

(h) details of your requests made through the Service.

3. Purpose of Collection and Use of Personal Information

Modern Leaf collects your personal information and will use your personal information as is reasonably required for the following purposes:

(a) if you are a registered user, to establish and maintain your Modern Leaf account;

(b) to provide web applications, the Service, and/or the other services or information that you request, including, but not limited to, cannabis consumption, cannabis retail and cannabis educational products and services;

(c) to verify your identity if you submit comments, product reviews, videos, photographs, opinions, or any other content or information to the Service;

(d) to respond to questions, comments, requests, job applications, or complaints that you submit to Modern Leaf;

(e) to process payments made by you to Modern Leaf;

(f) to collect amounts owing from you to Modern Leaf;

(g) to track communications with you;

(h) to analyze use of the Service and to improve the Service;

(i) to send emails, newsletters, regular mail or other communications you have consented to receive from Modern Leaf;

(j) to provide Service-related announcements or notifications to you;

(l) to track and analyze your purchases and preferences to better understand your product and service needs and eligibility for discounts;

(m) to guide us in selecting new products to be offered through the Service;

(k) to fulfill a purpose that we disclose to you when we request your personal information; and/or

(l) to meet legal and regulatory requirements.

Modern Leaf staff are authorized to access personal information based only on their need to deal with the information for the reason(s) for which it was obtained. Personal information will only be collected and used by authorized staff in a manner consistent with the activities of Modern Leaf.

4. Disclosure

Modern Leaf may disclose your personal information to:

(a) its employees, agents, partners and service providers as is reasonably necessary to enable these parties to perform a business, professional or technical support function for Modern Leaf;

(b) a person who, in the reasonable judgment of Modern Leaf, is seeking the information as your agent; and

(c) a third party or parties, where you consent to such disclosure or the disclosure is required by law.

We may also disclose your personal information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

If you voluntarily submit or post any information, videos, photographs or other content (“User Content”) to the Service, certain of your personal information may be included in the posting, such as your user name and email address, and this information may be collected and used by others. Modern Leaf has no control over and is not liable for the collection, use or disclosure of any posted User Content or your included personal information by users of the Service. You are responsible for ensuring the protection of any of your personal information that you post to any other user’s Modern Leaf messaging account. The term “User Content” does not include aggregated non-personal data as described in Section 9 of this Privacy Policy.

5. Safeguarding Your Personal Information

Modern Leaf is committed to safeguarding your personal information. Modern Leaf uses appropriate security measures to protect personal information against risks such as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction regardless of the format in which it is held. The methods of protection and safeguards used by Modern Leaf include, but are not limited to, locked filing cabinets, need-to-know access and technological measures, including the use of passwords, encryption and firewalls. While Modern Leaf cannot guarantee that risks such as loss, theft, unauthorized access or disclosure of personal information will not occur, Modern Leaf will make every effort to prevent such unfortunate occurrences.

Modern Leaf takes care in disposing of or destroying personal information to prevent unauthorized parties from gaining access to the information. Modern Leaf also ensures that its employees with access to personal information are made aware of the importance of maintaining the confidentiality of personal information. Finally, Modern Leaf protects personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.

If you are a registered user and your Modern Leaf account becomes inactive, Modern Leaf may choose not to retain your User Content, personal information associated with your Modern Leaf account, or any other records associated with your Modern Leaf account, for a period longer than three (3) years after your Modern Leaf account becomes inactive, in which case such information may be destroyed. If your Modern Leaf account becomes inactive, you are solely responsible for exporting any such information from your Modern Leaf account that you may wish to retain.

6. Accuracy

Modern Leaf is committed to keeping your personal information as complete, up-to-date and accurate as is necessary for the purposes for which it is to be used. Modern Leaf will promptly correct or complete any personal information found to be inaccurate or incomplete. Where appropriate, Modern Leaf will transmit amended information to third parties having access to the personal information in question. Upon request, Modern Leaf will provide you with a reasonable opportunity to review the personal information in your file to review its accuracy. Such personal information will be provided within a reasonable time of the request and at a minimal or no cost to you.

Also upon request, Modern Leaf will provide an account of the use and disclosure of your personal information and, where reasonably possible, will state the source of the information. In providing an account of disclosure, Modern Leaf will provide a list of organizations to which it may have disclosed personal information about you when it is not possible to provide an actual list.

7. Complaints

Modern Leaf will promptly investigate all complaints concerning our compliance with the Privacy Policy and our dealings with your personal information. If a complaint is found to be justified, Modern Leaf will take appropriate measures to resolve the complaint, including, if necessary, amending our policies and procedures. You will be informed of the outcome of the investigation regarding your complaint.

8. Withdrawing Consent

You may withdraw your consent to the collection, use or disclosure of your personal information by Modern Leaf at any time, subject to legal or contractual restrictions and reasonable notice. In certain circumstances, your withdrawal of consent will result in the inability of Modern Leaf to continue providing aspects of the Service to you. Please contact Modern Leaf for more information regarding the implications of withdrawing consent.

9. Non-Personal Information

Non-personal information is information that does not identify you and which we are unable to connect to other information in order to identify you. Modern Leaf may collect any or all of the following non-personal information:

(a) Aggregated data resulting from the combination and/or aggregation of certain raw data collected from your business (including, but not limited to, financial information and operational data) with other data in a way that no longer personally identifies the user.

(b) The Sites employ a web analytics service that uses "cookies," which are text files placed on your computer, to help the website analyze how users use the Sites. The information generated by the cookies about your use of the Sites (including your IP address) will be transmitted to and stored by web analytics service providers on servers in the United States. The web analytics service providers will use this information for the purpose of evaluating your use of the Sites, compiling reports on Sites activity for the Sites’ operators and providing other services relating to website activity and Internet usage. The web analytics service providers may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the web analytics service providers’ behalf. The web analytics service providers will not associate your IP address with any other data held by the web analytics service provider. You may refuse the use of cookies by selecting the appropriate settings on your browser: however, please note that if you do this, you may not be able to use the full functionality of the Sites. By using the Sites, you consent to the processing of data about you by web analytics service providers in the manner and for the purposes set out above.

(c) We may also use additional analytics programs from time to time to process non-personal information about you.

We make no attempt to link this non-personal information with the identity of individuals using the Service. Non-personal information may be permanently archived for future use in any manner whatsoever by Modern Leaf.

10. Inquiries

To submit an inquiry, complaint, request a review of your personal information, correct or update your personal information, withdraw your consent or request more information or additional copies of the Privacy Policy contact:

Modern Leaf Manitoba Inc.
Mailing Address: 1002-1235 Bay Street, Toronto, Ontario, M5R 3K5
Telephone No.: 1-833-MOD-LEAF
E-mail: info@modernleaf.ca

11. Unsubscribe

If you no longer wish to receive commercial electronic messages from Modern Leaf regarding our new products or services, promotions or other similar communications, you may unsubscribe by sending an email to info@modernleaf.ca. Please note that, after you unsubscribe, Modern Leaf may still send electronic communications to you in certain limited circumstances, such as to provide you with Service notifications and billing information, or to provide information that Modern Leaf is legally obligated to provide you.

12. Privacy Policy Changes

To accommodate changes in our services, changes in technology and legal developments, this Privacy Policy may change over time without notice to you. We may add, change or remove portions of the Privacy Policy when we feel it is appropriate to do so. We encourage you to review our Privacy Policy periodically. Each time you submit personal information or use the Service you agree to be bound by terms of the Privacy Policy which is then current. Whenever we update the Privacy Policy, we will change the date below to indicate when the changes were made.

Date: December 13, 2017