“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.
“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 ModernLeaf, as well as a Subscribing Organization that has created and registered an account or accounts with ModernLeaf.
“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 ModernLeaf or a Subscribing Organization.
“use” means the treatment, handling and management of personal information by and within ModernLeaf.
ModernLeaf 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 ModernLeaf account(s), including your username;
(c) information that you provide to ModernLeaf 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 ModernLeaf 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
ModernLeaf 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 ModernLeaf 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 ModernLeaf;
(e) to process payments made by you to ModernLeaf;
(f) to collect amounts owing from you to ModernLeaf;
(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 ModernLeaf;
(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.
ModernLeaf 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 ModernLeaf.
ModernLeaf 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 ModernLeaf;
(b) a person who, in the reasonable judgment of ModernLeaf, 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.
5. Safeguarding Your Personal Information
ModernLeaf is committed to safeguarding your personal information. ModernLeaf 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 ModernLeaf 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 ModernLeaf cannot guarantee that risks such as loss, theft, unauthorized access or disclosure of personal information will not occur, ModernLeaf will make every effort to prevent such unfortunate occurrences.
ModernLeaf takes care in disposing of or destroying personal information to prevent unauthorized parties from gaining access to the information. ModernLeaf also ensures that its employees with access to personal information are made aware of the importance of maintaining the confidentiality of personal information. Finally, ModernLeaf 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 ModernLeaf account becomes inactive, ModernLeaf may choose not to retain your User Content, personal information associated with your ModernLeaf account, or any other records associated with your ModernLeaf account, for a period longer than three (3) years after your ModernLeaf account becomes inactive, in which case such information may be destroyed. If your ModernLeaf account becomes inactive, you are solely responsible for exporting any such information from your ModernLeaf account that you may wish to retain.
ModernLeaf 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. ModernLeaf will promptly correct or complete any personal information found to be inaccurate or incomplete. Where appropriate, ModernLeaf will transmit amended information to third parties having access to the personal information in question. Upon request, ModernLeaf 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, ModernLeaf 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, ModernLeaf 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.
8. Withdrawing Consent
You may withdraw your consent to the collection, use or disclosure of your personal information by ModernLeaf 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 ModernLeaf to continue providing aspects of the Service to you. Please contact ModernLeaf 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. ModernLeaf 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.
(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 ModernLeaf.
ModernLeaf Group Inc.
Mailing Address: 1002-1235 Bay Street, Toronto, Ontario, M5R 3K5
Telephone No.: 1-833-MOD-LEAF
If you no longer wish to receive commercial electronic messages from ModernLeaf regarding our new products or services, promotions or other similar communications, you may unsubscribe by sending an email to email@example.com. Please note that, after you unsubscribe, ModernLeaf 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 ModernLeaf is legally obligated to provide you.
Date: December 13, 2017