C10-0000824-LIC

Terms and Conditions and Privacy Policy

Terms and Conditions and Privacy Policy

CUSTOMER AGREEMENT

 

I agree that:

 

  1. I am an adult, 21 years of age or older.
  2. I am seeking access to the products and premises of Flor East Bay, LLC, and its subsidiaries and parent (hereinafter “Company”) for purposes of acquiring cannabis for my personal use. 
  3. I will abide by Rules and Regulations of the Company, the laws of the State of California and Union City as it pertains to cannabis transactions, possession, and use. 
  4. I acknowledge that I have read Waiver (below) and that I have been provided with a copy of the Privacy Policy of Company and am aware of the legal consequences of this Agreement, including that I am prevented from suing the Company, its employees, agents, officers, directors or assigns if I am injured or damaged for any reason including because of result of use or possession of products (including cannabis) obtained from the Company. 
  5. This Agreement and the terms and conditions of this Agreement supersede any prior Agreement.
  6. I will not provide cannabis that I acquire from the Company to any third party.
  7. This Agreement shall inure to Company and its respective permitted successors and assigns.
  8. The information provided herein is truthful. 
  9. I will immediately report to the Company any circumstances affecting my qualification. 
  10. I will accept notices, including advertisements, solicitations, recall notices, and other communications, by electronic transmission, including by email or text to the e-mail address and phone number provided herein until I provide written notice of any change. I understand that I may withdraw consent to acceptance of notices by electronic transmission at any time, but that I will confirm such withdrawal by US mail address for important notices for my protection.
  11. I understand that my ability to access the premises, products and services of the Company will be terminated if any material information I have provided, including but not limited to my age, is found to be untrue.

 

ASSUMPTION OF RISK AND WAIVER OF LIABILITY

 

I acknowledge and understand that I am using the services and facilities of the Company, as well as products received, used or possessed (including cannabis) at my own risk.  I agree that the Company and its directors, officers, employees, agents, contractors and/or affiliates shall not be liable for any personal/bodily injury or damages which occur to me or for any and all loss or injury to my person and/or my property.  I agree that I hereby expressly waive any claim of liability for any personal/bodily injury or damages which may occur to me, for any and all loss or injury to my person and/or my property.   This waiver is intended to be a complete release of any responsibility for personal injuries and/or property loss/damage I sustain arising from my use of the services or facilities, and/or arise from possession or use of products (including cannabis) obtained from the Company, and/or occur while on the Premises of the Company, whether using services or products or not.  IN CONSIDERATION OF BEING PERMITTED THE USE OF THE COMPANY’S FACILITIES, AND/OR USE OR POSSESSION OF ANY PRODUCT RECEIVED (INCLUDING CANNABIS), I AGREE TO THE FOLLOWING:     

  1. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE COMPANY, ITS EMPLOYEES, DIRECTORS, OFFICERS AND/OR AGENTS (hereinafter referred to as ‘releases’) from all liability to me, my personal representatives, assigns, heirs and next of kin for any loss, damage, or claim therefore on account of injury to my person or property, whether caused by any negligent act or omission of the releases or otherwise while I am using the Company’s facilities in connection with the activity and/or using or possessing any product received from the Company (including cannabis).     
  2. I HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS the releases from all liability, claims, demands, causes of action, charges, expenses, and attorney fees resulting from my use or possession of any product received from the Company (including cannabis) whether caused by any negligent act or omission of the releases or otherwise.      
  3. I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE while upon the Company’s property of and/or use or possession of any product received from the Company (including cannabis) whether caused by any negligent act or omission of releases or otherwise. I expressly agree that the foregoing release and waiver, indemnity agreement and assumption of risk are intended to be as broad and inclusive as permitted by California law.  I acknowledge that I am not relying upon any representation by the Company or any agent of the Company as to my suitability to consume and/or use any products received from the Company.  I expressly agree that I am relying exclusively upon my own judgment and opinions and/or those of my health care providers or other professionals as to my suitability to the use or possession of products (including cannabis) and/or condition of any products (including cannabis) received used or possessed by me.  I understand that I am strongly advised to consult with health care providers and professionals with appropriate qualifications as to my suitability to use and/or consume any products (including cannabis) received from the Company.

 

HIPAA AUTHORIZATION

 

Authorization for Use or Disclosure of Protected Health Information(Required by the Health Insurance Portability and Accountability Act, 45 C.F.R. Parts 160 and 164.

 

We respect your right to privacy, however, sometimes, we are asked by regulatory agencies such as the police to disclose the names and date of births of our customers so that the regulatory agency can confirm that we are only selling cannabis to those that are allowed to purchase it.  I understand that Company is required to disclose certain data to agencies that regulate Company’s business.  As part of those regulations, I understand that Company may be required to disclose the names and dates of birth of persons that have visited Company’s business. I hereby authorize Company to release my name, date of birth and dates of visits to the California Bureau of Cannabis Control, the California Department of Food and Agriculture, the California Department of Public Health, the Count of Monterey, Police Department, and law enforcement or regulatory agencies that request such information from Company. The purpose of the requested disclosure is to allow Company to comply with regulations pertaining to operating a cannabis business in the State of California. I understand that

  • I may refuse to sign this authorization. My refusal will not affect my ability to obtain cannabis. See Note 1.
  • I may inspect or obtain a copy of the health information that I am being asked to allow the use or disclosure of.
  • I may revoke this authorization at any time, but I must do so in writing and submit it to the following email address: [email protected] or 514 Work Street, Salinas, CA 93901.
  • My revocation will take effect upon receipt, except to the extent that others have acted in reliance upon this authorization.
  • I have a right to receive a copy of this authorization. See Note 2.
  • Information disclosed pursuant to this authorization could be re-disclosed by the recipient. Such redisclose is in some cases not prohibited by California law and may no longer be protected by federal confidentiality law (HIPAA). However, California law prohibits the person receiving my health information from making further disclosure of it another authorization for such disclosure is obtained from me or unless such disclosure is specifically required or permitted by law.

 

NOTE 1:   If any of the HIPAA recognized exceptions to this statement applies, then this statement must be changed to describe the consequences to the individual of a refusal to sign the authorization when that covered entity can condition treatment, health plan enrollment, or benefit eligibility on the failure to obtain such authorization. A covered entity is permitted to condition treatment, health plan enrollment or benefit eligibility on the provision of an authorization as follows: (i) to conduct research-related treatment, (ii) to obtain information in connection with a health plan’s eligibility or enrollment determinations relating to the individual or for its underwriting or risk rating determinations, or (iii) to create health information to provide to a third party or for disclosure of the health information to such third party. Under no circumstances, however, may an individual be required to authorize the disclosure of psychotherapy notes.

 

NOTE 2: Under HIPAA, the individual must be provided with a copy of the authorization when it has been requested by a covered entity for its own uses and disclosures (see 45 C.F.R. Section 164.508(c)(4)).

 

AUTHORIZATION FOR USE AND DISCLOSURE OF PERSONAL INFORMATION

 

As noted above, we respect your right to privacy, however, sometimes, we are asked by regulatory agencies such as the police to disclose the names and date of births of our customers so that the regulatory agency can confirm that we are only selling cannabis to those that are allowed to purchase it. 

 

I understand that Company is required to disclose certain data to agencies that regulate Company’s business.  As part of those regulations, I understand that Company may be required to disclose the names and dates of births of persons that have visited Company’s business. I hereby authorize Company to release my name, date of birth and dates of visits to the California Bureau of Cannabis Control, the California Department of Food and Agriculture, the California Department of Public Health, the City of Union City Police Department, and law enforcement or regulatory agencies that request such information from Company.

 

I authorize the use or disclosure of my individually identifiable personal information as described above for the purpose listed. I understand that:

  • I have the right to withdraw permission for the release of my information. If I sign this authorization to use or disclose information, I can revoke that authorization at any time except if you have already acted because of my permission. The revocation must be made in writing and will not affect information that has already been used or disclosed.
  • I have the right to receive a copy of this authorization.
  • I am signing this authorization voluntarily and treatment, payment, or my eligibility for benefits will not be affected if I do not sign this authorization.
  • A person to whom records and information are disclosed pursuant to this authorization may not further use or disclose the personal information unless another authorization is obtained from me or unless such disclosure is specifically required or permitted by law.

 

PROPOSITION 65 WARNING

 

WARNING: Marijuana products can expose you to chemicals including marijuana (cannabis) smoke and Δ9-tetrahydrocannabinol, which are known to the State of California to cause cancer and birth defects or other reproductive harm.  For more information go to www.P65Warnings.ca.gov.

 

PRIVACY POLICY

 

We are concerned about privacy issues and want you to be familiar with how we collect, use and disclose Personal Information (as defined below). This Privacy Policy describes our practices in connection with privacy and the Personal Information that we collect through in our store and through our website (https://florcalifornia.com/), the related mobile sites and mobile application(s), and selected other domains (collectively, the “Sites”). Except as indicated below, this Privacy Policy does not address the collection, use or disclosure of information by us or by third parties on any websites other than the Sites.

 

By visiting our facility and/or accessing and/or using the Sites, you agree that you are over the age of twenty-one (21) years.  Your further agree to all the terms and conditions of this Privacy Policy. If you do not agree to all the terms and conditions of this Privacy Policy, do not visit our facility and do not visit our Sites. We may change this Privacy Policy from time to time and without prior notice, except that if we make a material change, we will notify you prior to the effective date of the change. Changes to this Privacy Policy will be effective as soon as they are posted, unless a later Effective Date is provided. By continuing to visit our facility and/or access and/or use the Sites after the Effective Date of a revised Privacy Policy, you agree to be bound by the revised Privacy Policy. For clarity, if you do not agree to the new terms of the Privacy Policy, do not continue visiting our facility or using the Sites. The most current version of this policy will always be posted on the Sites.

 

What Types of Information Do We and Our Third-Party Service Providers Collect from You?

 

Personal Information is information such as your name, your address, telephone number, email address, and date of birth, or other data that, when taken together, can uniquely identify you. Personal Information also includes certain sensitive information related to your finances, such as a credit card number (in the event we accept credit cards) or other payment account number (including the three (3) or four (4) digit validation code for your credit card). For you to take advantage of the services provided at our facility and through the Sites, we may require that you furnish Personal Information. We and our third-party service providers collect your Personal Information when you voluntarily provide it to us.

 

Non-Personal Information (or “Non-PII”) is aggregated information, demographic information and any other information that does not uniquely identify you. We and our third-party service providers may collect your Non-Personal Information, including information about the device you are using in accessing and/or using the Sites, information from referring websites, and your interaction with the Sites. We and our third-party service providers may also aggregate Personal Information in a manner such that the end-product does not uniquely identify you or any other user of the Sites, for example, by using Personal Information to calculate the percentage of our users who have a particular telephone area code. This collective information constitutes Non-Personal Information,

 

Cookies and Other Technology

 

A cookie is a small piece of data that is sent by the Company’s Sites to your Internet browser and stored on your computer’s hard drive, and that delivers information about you and your activity on the Sites. Pixel tags and web beacons are small graphic files that can function in various ways (such as allowing us to track how you view an email that we send you and track your activity on the Sites) and are commonly used in conjunction with cookies. We, our third-party service providers and other third parties detailed below under “How Do We and Our Third-Party Service Providers Use Information Collected From You?” may use cookies, pixel tags, web beacons, and other similar technologies to better serve you with more tailored information and to facilitate your ongoing use of the Sites. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to decline the use of cookies.

 

How Do We Respond to Do Not Track Signals

 

We do not track you over time and/or across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, you can modify the preferences on your browser to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.  Please consult your browser for instructions on how to change the preferences to “Do Not Track.”

 

This means that we may use latent information about your online activities to improve your use of our Sites consistent with this policy. IP Addresses are the Internet Protocol addresses of the computers that you are using. Your IP Address is automatically assigned to the computer that you are using by your Internet Service Provider (ISP) and is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) of the Sites that you visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites.

 

Location Information.

 

We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect. For example, your IP Address indicates the general geographic region from which you are connecting to the Internet.

 

How Do We and Our Third-Party Service Providers Use Information Collected From You, Personal Information.

 

We and our third-party service providers may use your Personal Information and any third party’s Personal Information that you may provide, as applicable:

 

  • to process your registration on our Sites, including verifying your information to ensure its accuracy and validity.
  • to respond to inquiries from regulatory agencies so that they can confirm that we are compliant with all relevant laws.
  • to fulfill your order.
  • to customize content on our Sites.
  • to send you important information regarding the Sites, such as certain changes to our terms, conditions, policies and/or other administrative information. Because this information may be material to your use of the Sites, you may not opt out of receiving such communications.
  • to inform you of products, programs, services and promotions that we believe may be of interest to you and to permit you to participate in sweepstakes, contests and similar promotions (collectively, “Promotions”).
  • to advertise to you.
  • to inform you of product recalls, if any.
  • to permit you to refer us to your friends so that we may send them a promotional offer through the Sites. If you wish to use this feature, you may be required to provide us with, and we may use, your friend’s name and email address. By using this functionality, you affirm that you are entitled to use and provide us with your friend’s name and email address for this purpose. We will not use your friend’s Personal Information for any purpose other than to allow a promotional offer to be sent and/or to troubleshoot any issues with respect such promotional offer, unless we disclose such other purpose to you at the time you provide your friend’s Personal Information to us.
  • for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends, and determining the effectiveness of our promotional campaigns; and/or
  • for purposes disclosed at the time you provide your Personal Information or as otherwise set forth in this Privacy Policy. Non-Personal Information.

 

Because your Non-Personal Information does not personally identify you, we and our third-party service providers may use such information for any purpose. For example, we may work with third parties for the purpose of advertisement delivery on the Sites, including online behavioral advertising (“OBA”) and multi-site advertising. The Non-Personal Information collected about your visits to the Sites may be used by third parties in order to provide advertisements about goods and services of interest to you. These third parties may also set cookies or web beacons to assist with advertisement delivery services.

 

In addition, we reserve the right to share your Non-Personal Information with our affiliates and with other third parties, for any purpose. In some instances, we and our third-party service providers may combine Non-Personal Information with Personal Information. If we do combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information hereunder (as long as it is so combined).

 

How Do We and Our Third-Party Service Providers Share Your Personal Information with Others?

 

We and our third-party service providers may disclose Personal Information:

  • to our affiliates so that they also may use such Personal Information for the purposes described in this Privacy Policy.  We are the party responsible for the management of the jointly used Personal Information.•         to provide services, or to enable third party service providers to provide services, such as payment processing, website hosting, data analysis, infrastructure provisioning, IT services, customer service, email delivery services, and other similar services.
  • to third parties such as attorneys, collection agencies, tribunals or law enforcement authorities pursuant to valid requests in connection with alleged violations of Company’s Terms of Use or other alleged contract violations, actual or alleged infringement, actual or suspected harm to persons or property, or alleged violations of laws, rules or regulations.
  • to detect, prevent or otherwise address actual or suspected fraud, security or technical issues, and to verify your purchase to holder(s) of any credit card(s) or other payment account(s) used to place order(s) through your account.
  • as required to fulfill your order.
  • to identify you to any person to whom you send messages through the Sites.
  • to third party sponsors of Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotions. You should carefully review the rules, if any, of each Promotion in which you participate, as they may contain additional important information about our, a sponsor’s and/or other third parties’ use of your Personal Information. To the extent that the rules of those Promotions concerning the treatment of your Personal Information conflict with this Privacy Policy, the rules of those Promotions shall control.
  • to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy and/or similar proceedings); and/or
  • as we believe to be appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations and/or those of any of our affiliates; (f) to protect our rights, privacy, safety and/or property, and/or that of our affiliates, you and/or others; (g) to permit us to pursue available remedies and/or limit the damages that we may sustain; and (h) for record-keeping purposes.

 

Other Important Notices Regarding Our Privacy Practices.

 

Forums and Profiles.

 

We and our third-party service providers may make available through the Sites certain services (for example, message boards, chat functionality, “profile pages” and blogs) to which you may be able to post information and materials. Please note that any information you provide in connection with such services may become public and may be available to visitors to the Sites and to the general public, including without limitation the ratings and reviews that accompany many listings and the comments section of our blog posts. We urge you to exercise discretion and caution when deciding to disclose your Personal Information, and/or any other information and/or materials, on the Sites. NEITHER WE, NOR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS, NOR ANY OTHER PERSON OR ENTITY DULY AUTHORIZED BY US AND/OR BY OUR THIRD PARTY SERVICE PROVIDERS, IS OR SHALL BE RESPONSIBLE FOR ANY USE BY ANY UNAUTHORIZED PERSON OR ENTITY OF ANY PERSONAL INFORMATION YOU DISCLOSE THROUGH THE SITES.

 

Third Party Sites.

 

Except as expressly set forth herein, this Privacy Policy does not address, and neither we nor our third-party service providers are responsible for, the privacy, information or other practices of other websites and/or any third parties, including without limitation any of our affiliates and/or any third party operating any site to which the Sites contains a link. The inclusion of a link to a third-party website on the Sites does not imply endorsement of the linked site by us or by our affiliates. Please note that your access and/or use of any third-party websites, including by providing any information, materials and/or other content to such sites, is entirely at your own risk.

 

The Health Insurance Portability and Accountability Act (HIPAA) of 1996. 

 

We comply with all HIPAA rules and regulations, which establishes standards to protect users of individuals’ medical records and other personal health information.  Consistent with this Privacy Policy, we set appropriate safeguards to protect the privacy of your personal health information and set limits and conditions on the uses and disclosures that may be made of such information without patient authorization.

 

Security.

 

We and our third-party service providers use reasonable organizational, technical and administrative measures to protect Personal Information under our control. However, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us credit card information and/or other sensitive information through email. If you have reason to believe that your interaction with us is not secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

 

Changing Personal Information.

 

You may review, correct and/or update certain elements of your Personal Information by adjusting your preferences in the “My Account” section of insert website. We and our third-party service providers are not responsible for altering Personal Information from the databases and/or other records of third parties with whom we and our third-party service providers have shared your Personal Information.

 

Retention Period.

 

We and our third-party service providers will retain Personal Information for the period reasonably necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

 

Disclaimer.

 

If you choose to visit our facility or access the Sites, you do so at your own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of the Sites, in whole or in part, to any person, geographic area and/or jurisdiction we choose, at any time and in our sole discretion. By using the Sites and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, which may provide a different level of data security than your country of residence provides.

 

California Privacy Rights.

 

If you are a user of the Sites and a California resident, California’s “Shine the Light” law (California Civil Code § 1798.83) permits you to request and obtain from us once a year, free of charge, information regarding our disclosure of your Personal Information (if any) to third parties for direct marketing purposes. If this law applies to you and you would like to make such a request, please submit your request in writing to the address provided below.

 

Contacting Us.

 

If you have any questions regarding this Privacy Policy, please contact us by email at [email protected].

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