1.6 Do Not Track
1.1 WHAT IS PERSONAL INFORMATION?
1.2 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, address, country of residence, telephone number, and e-mail address;
- personal information in connection with your request for certain products or services that you seek from us;
- personal information to register for customer rewards programs; or to complete a survey or enter a contest or sweepstakes that we sponsor;
- social media profile information for future contact and extended customer experience;
- additional service-related information concerning the products or services that we provide to, or receive from, you;
- payment information, including your credit card information, and information necessary for the fulfillment of your orders;
- purchase history, which we sometimes aggregate with similar information from other customers to suggest products;
- content of consumer support communications and adverse event reporting; and
- statistics about your session to improve your future online experience.
We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business.
As a general rule, Canopy collects personal information directly from you on www.marthastewartcbd.com. In most circumstances where we intend to collect personal information about you from 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).
OUR WEBSITES & SOCIAL MEDIA
We may collect information related to your visit to any of our websites, including the IP address and domain used to access our websites, the type and version of your browser, the website you came from to access our website(s), the page you entered and exited at, any website page within our website(s) that is viewed by that IP address and what country you are from. We use this information to monitor our websites’ performance (such as number of visits, average time spent, page views) and for our business purposes such as: (i) customizing certain content that we think you might like based on your usage patterns; (ii) improving our products and services; and (iii) upgrading our websites.
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 websites to identify you and to record your passwords and preferences. The cookie allows us to track your visit to our website(s) so that we can better understand your use of our website(s) so that we can customize and tailor them 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 our websites. We use Adobe Experience Cloud solutions to collect and analyze information, such as your clicks on the website and related social media pages, location information from your mobile device or web browsers, and items you’ve purchased or placed in your shopping cart. Adobe Experience Cloud’s privacy FAQ can be accessed here. You may adjust your browser to disable Adobe Experience Cloud but this may result in a limited user experience on www.marthastewartcbd.com.
Our websites 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. Canopy 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.
If you interact with content on our social media profiles (for example, if you “like” or share a post from one of our brand’s Facebook, Twitter, or Instagram accounts), those social media sites may share information about you with us, including your public profile, e-mail address and friend list. If you choose to “like” or share content, information about you may be publicly displayed on the social network, depending on your privacy settings. If you post information on a social media or another third-party service that references our brands or our products and services (e.g., via a Twitter hashtag), we may publish your post on our social media accounts or websites. For more information about the privacy practices of any social media sites that you may use to log in to your account or to interact with our brands, you should review the privacy notice of that social media site and check your privacy settings through that site.
1.3 WHY DO WE COLLECT PERSONAL INFORMATION?
Canopy 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 products and services that have been requested;
- to send you promotional and other marketing materials that we think might be of interest to you;
- to enable you to register and access an account with us;
- to obtain and process payments for potential products and services that we may provide to you;
- to tailor your online experience based on your generalized profile of usage on the website;
- to be able to review the products and services that we provide to you so that we may: (i) understand your requirements for our products and services; and (ii) work to improve our products and services;
- to monitor and investigate incidents and manage claims;
- 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 Canopy against error, fraud, theft and damage to our goods and property;
- to enable us to comply with applicable law or regulatory process; and
- any other reasonable purpose to which you consent.
1.4 HOW DO WE USE YOUR PERSONAL INFORMATION?
We may use 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.
The following chart describes what categories of personal information we may collect, how we collect that information from you, the business purposes for which we generally use such information, and which types of trusted third-party service providers we may share that information with:
Provided directly by customer
User-Generated Content (including product reviews)
Provided directly by customer
Payment information (credit card information)
Provided directly by customer
Commercial Information (purchase date, purchase totals, product types)
Provided directly by customer
Internet or Electronic Network Activity Information and Geolocation Information
Collected indirectly from customer’s browser or device
1.5 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. Some of your information may be processed by Adobe cloud-based systems, under our direction and control. 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 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 Canopy;
- to protect the rights and property of Canopy;
- during emergency situations or where necessary to protect the safety of a person or group of persons; and
- with your consent.
1.6 DO NOT TRACK
Some browsers support a “Do Not Track” (or, DNT) feature, a privacy preference that you can set in certain web browsers, which is intended to be a signal to websites and services that you do not wish to be tracked across different websites or online services you visit, across time. Our website currently does not recognize or respond to DNT signals, so DNT settings do not change the way the websites operate.
Please note that we cannot control how third-party websites or online services you visit through our website respond to DNT signals. Please check the privacy policies of those third parties for information on their privacy notices.
1.7 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 Legal Officer, who also acts as Canopy’s 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 Legal Officer.
1.8 HOW IS YOUR PERSONAL INFORMATION PROTECTED?
Canopy will endeavor 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 Chief Legal 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.
1.9 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.
1.10 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 Chief Legal Officer, at email@example.com or toll-free at 1- 833-826-3223. You may also request deletion of your personal information by contacting our Chief Legal Officer. Please note that any such communication must be in writing.
When requesting access to your personal information or deletion of 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. This may include, for example, requesting you to submit information to match information we have on file for you, such as your name, address, or telephone number. We will provide your personal information upon your request in a easily-read format. 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 Chief Legal 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 endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
1.11 PRIVACY RIGHTS OF EU DATA SUBJECTS
The website www.marthastewartcbd.com does not specifically offer goods or services to residents of the European Union, or seek to monitor their behavior. Nevertheless, to the extent that the General Data Protection Regulation may apply to the website, each individual residing in the European Union whose personal information is processed by the website has certain rights. These are:
- The right to be informed: This means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.
- The right of access: This is your right to see what data is held about you by a Data Controller. Canopy is the Data Controller of the information you provide.
- The right of rectification: The right to have your data corrected or amended if what is held is incorrect in some way.
- The right to erasure: Under certain circumstances you can ask for your personal data to be deleted. For example, this would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.
- The right to restrict processing: This gives an individual the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
- The right to data portability: An individual has the right to ask for any data supplied directly to the Data Controller by them, to be provided in a structured, commonly used, and machine-readable format.
- The right to object: An individual has the right to object to further processing of their data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.
- Rights in relation to automated decision making and profiling: individuals have the right not to be subject to a decision based solely on automated processing.
Personal information or other data entered into this Website or submitted to Canopy may be stored or processed on servers in the United States and other non-E.U. jurisdictions.
1.12 PRIVACY RIGHTS OF CA, CO, CT, UT, AND VA RESIDENTS
Depending on where you reside, you may also have additional legal rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases. Consistent with applicable laws, this Supplemental Notice provides a way to exercise such rights for residents of California, Colorado, Connecticut, Utah, and Virginia.
For information about what categories of personal information we may collect from our customers, the sources of that information, the purposes for collecting and using that information, and what types of third party service providers we may share that information with, please see our section titled WHAT PERSONAL INFORMATION DO WE COLLECT? and HOW DO WE USE YOUR PERSONAL INFORMATION?
The laws of California, Colorado, Connecticut, Utah, and Virginia grant some or all of the following rights to consumers who reside in those states:
- The right to request information about personal information that we have collected about that customer in the 12 months preceding the customer’s request (including the categories of information collected, the source of that information, the business purpose of that collection, the categories of third parties with whom that information is shared, and the specific pieces of personal information collected about that particular customer);
- The right to receive requested information in a readily-usable format if provided electronically;
- The right to request that we delete any personal information about the consumer that we have collected (although we may be entitled to retain some information for certain purposes);
- The right to opt-out of “sales” of personal information to third parties, the sharing of personal information with third parties for targeted advertising purposes, and/or the processing of personal information for targeted advertising purposes;
- The right to update or correct any personal information which is out of date or incorrect; and
- The right to be free from discrimination based on your exercise of your privacy rights.
We may deny deletion requests in whole or in part as permitted or required by applicable law. We do not charge a different price or rate or provide a different level or quality of goods or services based on your exercising your CCPA rights. We do not sell personal information in the ordinary sense of that term. That is, we don’t provide your personally identifiable information to third parties in exchange for money. But under California law, sharing information with third parties for targeted advertising purposes may be considered a “sale” of personal information. California residents have the right to opt out of such sharing.
1.13 USE OF THIS WEBSITE BY CHILDREN
If you are under 18 years of age, you are not permitted to register for an account or otherwise submit any personal information to us, including your name, address, or e-mail address. If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to our Chief Legal Officer. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
If we discover that we have collected any personal information from a child under the age of 18, we will suspend the associated account and remove that information from our database as soon as possible. By registering for an account or submitting any personal information to us, you represent and warrant that you are 18 years of age or older.
1.14 PRIVACY OFFICER/ DATA PROTECTION OFFICER
Canopy Growth USA, LLC
501 South Cherry Street
Denver, CO 80246
Attention: Chief Legal Officer
Telephone: 1- 833-826-3223
1.15 INQUIRIES OR CONCERNS?
These Terms were last updated on April 10, 2023.