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Privacy Policy
Last Updated September 27, 2021
We are committed to respect and protect the privacy of the personal information we obtain from you through the Service and we have created this Privacy Policy to inform you about how we collect, use and share your personal information, and about our privacy practices in general. We are always ready to address your questions and concerns regarding this Policy and our privacy practices. If you would like to contact customer service, please contact us at the email address at the end of this Privacy Policy. We continually strive to find new ways to enhance your experience with the Service and we may modify this Privacy Policy from time to time to reflect changes in our privacy practices. You are encouraged to review this Privacy Policy periodically and to check the “Last Updated” date at the top of the Privacy Policy for the most recent version. If we make changes to this Privacy Policy, we will notify you here and at our discretion, by means of notice through the Website, the Application, or any other part of the Service.
Terms of Service Agreement
Use of the Service is subject to our [Terms of Service Agreement] which is hereby incorporated and made part of our Site disclosures which shall include this Privacy Policy, the Terms of Service Agreement and any other disclosures posted to the Site (collectively the “Site Disclosures”). By using the Service, you agree to be bound by our Site Disclosures.
Application of this Privacy Policy (Policy)
This Policy applies where we are acting as a data controller with respect to your personal data. In other words, where we determine the purposes and means of the processing of that personal data. This Policy applies where we are collecting Personal Information (as further described below) from individuals and sole proprietors and does not apply to the collection of data from corporate entities.
While using the Service you may be directed to other websites that are operated and controlled by third parties that are beyond our control. This policy does not apply to the privacy practices of these third-party websites.
The terms contained in this Privacy Policy are in accordance with various privacy policy laws and regulations including those applicable in the United States including the California Consumer Privacy Act (“CCPA”), the California Online Privacy Protection Act (“COPPA”), the Nevada Privacy Law.
Information We Obtain
In connection with your use of our Service, you may provide personal information to us in various ways. The information we collect depends on how you interact with us, the services you use, and the choices you make. We collect information about you from different sources and in various ways when you use our Service, including information you provide directly, information collected automatically, third-party data sources, and information we infer or generate from other data.
We collect your personal data when you use our Service, create a new account on Potify, provide us with information via a web form, add or update information in your account, interact with us. We also collect personal data from other sources.
The Types of Personal Information We Obtain Include:
1.Personal Information you provide when using our Service or creating an account on Potify:
  • Data that identifies you, such as your name, address, telephone number, email address, your user name.
  • You may provide us with additional information through a web form or by updating or adding information to your account, by communicating to our Support service, or if you contact us for any other reason regarding our Service.
  • Other data that we are required or entitled by the applicable law to collect and process and that we need for your authentication or identification, or for the verification of the data we collect.
  • 2. Personal Information we collect automatically when you use our Service or create an account on Potify:
  • Data that is generated through your other actions when you use our Service and which is linked to your Account, for example, when you add items to your shopping cart.
  • Data regarding all other interactions with our Service, your advertising preferences, and your communications with us.
  • Data regarding your geographical location, including your general location data (e.g., IP address) and the precise location data of your mobile device. Please note that for most mobile devices the use of location services can be managed or disabled for all applications in the settings menu of your mobile device.
  • Computer and connection information, such as statistics regarding your use of our Service, information on data traffic to and from websites, referral URL, information on advertisements, your IP address, access times, browser history data, language settings, and your weblog information.
  • 3. Personal Information we collect in connection with the use of cookies and similar technologies:
    We use cookies, web beacons, and similar technologies to collect data while you use our Service. We collect this data from the devices (including mobile devices) that you use our Service with. The data collected includes the following usage- and device-related information:
  • Data about the pages you visit, the access time, frequency and duration of visits, the links on which you click, and other actions you take as part of your use of our Service, including advertising and email content.
  • Data about your activities and interactions with our advertising partners including data about the advertisements you were shown, how often they were shown, when and where they were shown, and whether you took any action, such as clicking on an advertisement or making a purchase.
  • The user segment or category into which you as a user fall. For example, male, 20-49 years old, Arizona.
  • Model or device type, operating system and version, browser type and settings, device ID or individual device identifier, advertisement ID, individual device token, and cookie-related data (e.g. cookie ID).
  • The IP address from which your device accesses the Service.
  • Location data, including your general location data (e.g., IP address) and the precise location data of your mobile device. Please note that for most mobile devices the use of location services can be managed or disabled for all applications in the settings menu of your mobile device.
  • For more information about our use of these technologies and your choices, see Cookies and Similar Technologies.
    You are not required to provide this information, but we may not be able to offer you certain services and related features if you choose not to do so.
    4. Personal Information from other sources
    To the extent permitted by applicable law, we also collect personal information about you from other sources and from third parties. We may use third-party providers to serve ads when you use our Service. These companies may use non-personally identifiable information about your visits and use of the Service, and visits to other websites or locations to provide, through the use of network tags, advertisements about goods and services that may be of interest to you. Our advertising service vendors and other third parties may at times also use tracking technologies to serve you advertisements tailored to interests you have shown by browsing on this Service and other sites, applications, destinations, and services you have visited, and to determine whether you have seen a particular advertisement before to avoid sending you duplicate advertisements, and for other lawful business purposes. In doing so, these third parties may collect non-personally identifiable data including for example the make, model, settings, specifications (e.g. connection speed, browser type, operating system, device identifier), and geographic location of your computer, mobile or another device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The use of tracking technologies by third parties is subject to their own privacy policies, not this Privacy Policy, and we have no responsibility or liability in connection therewith. If you do not want the services that tracking technologies provide, you may be able to opt out by visiting https://aboutads.info.
    We may combine or connect the personal information we collect from you with data from these other sources. Where personal information is disclosed to us by third parties that these third parties are legally permitted to disclose your personal data to us.
    We may process Personal Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). When you sign up for an account or use certain features, you may be opting to receive messages and/or phone calls from us, other users of the Service and/or third-party Providers. You cannot opt out of Administrative Emails. “Administrative Emails” relate to your activity on Potify and include but are not limited to emails regarding your account, requests or inquiries, and purchases of products and services, if applicable. If you do not want to receive promotional emails from us, you may elect to opt-out of receiving promotional emails at any time after registering, by emailing us at the email listed at the end of this Privacy Policy or by hitting the “unsubscribe” button at the bottom of any of our emails.
    We may also use Personal Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Terms and Conditions and this Privacy Policy, and comply with applicable laws and cooperate with law enforcement activities. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and service.
    Sharing of Your Information
    Except as stated in this Section we do not sell your personal information. We may disclose your personal information to any member of our company, which means our subsidiaries, affiliates, or holding company if any.
    We may share your information with service providers, business partners, consultants, tools, and services to facilitate Potify operations such as verification, compliance, processing and/or fulfilling orders for products purchased through the Service, marketing, communications, statistical analysis, database management, and a number of other functions. We share your information with these parties to perform their respective specific tasks on our behalf.
    In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by us, our parent, or any subsidiary or affiliated entity are sold, assigned, transferred, or acquired by another company, the information from and/or about our Service users may be among the transferred assets. We do not buy any personally identifiable information from third parties.
    In order to provide you with our Service, we may share certain personal information with our business partners - Retailers/ Dispensaries - and their service providers, including but not limited to point-of-sale systems, to enable dispensaries to make their products available to customers and for the Dispensaries’ own uses, including marketing, referrals, or promotions. Please note, such uses are governed by a Dispensary’s own privacy policy. We may also share your personal information with our business partners, including licensed retailers to complete your orders and/ or to facilitate deliveries. When you send an order to the Retailer/ Dispensary through Potify you sign informed consent, the retailer receives information required to complete your order, such as your first name, delivery address, information taken from your government-issued ID, or driving license. The Retailer/ Dispensary assigns your order to a driver who fulfills your order, and the driver receives this information to complete the delivery. When the driver arrives with your order, they will check your ID in person to verify your identity in accordance with applicable law. We only share information necessary to perform the functions mentioned above, and any information shared may not be used for any other purpose.
    Besides, to the specific disclosures of personal data set out in this Section we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. We do not disclose your information to third parties advertisers however we do disclose your information to the businesses you sign up to within our platform.
    Release of Non-Personally Identifiable Information
    We may disclose or share aggregated, de-identified and/or anonymized information with third parties. Aggregated and anonymized means that user information is combined together with all personally identifiable information removed so that any individual user cannot be identified. De-identified information means we have removed any identifiers that make a user identifiable, such as their name or address. We may also share anonymized, aggregated, and/or de-identified data with third parties for marketing, consulting, or independent research purposes. This data provides valuable information including how users interact with Potify, our partners, available products, and also helps us drive the conversation on consumer habits, preferences, and behavior within the industry. For example, we may share aggregated demographic information (which does not include any personally identifiable information) or use third-party providers to track and analyze non-personally identifiable usage and volume statistical information from our users to administer the Service. We may also publish this aggregated information for promotional purposes. Such data is collected on our behalf and is owned and used by us.
    We may use third-party providers to serve ads when you participate in the Service. These companies may use non-personally identifiable information about your visits and use of the Service, and visits to other websites or locations to provide, through the use of network tags, advertisements about goods and services that may be of interest to you. Please be aware, when we share anonymized, de-identified and/or aggregated data, we require the third party not to re-identify individuals and to have technical and business safeguards that prevent re-identification and inadvertent release of such information.
    Legal Basis for Processing Personal Information
    Our legal basis for collecting and using the Personal Information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect Personal Information from you:
  • where we need the personal information to provide you with our Service;
  • where the processing is in our legitimate interests and not overridden by your rights;
  • where we have your consent to do so.
  • We have a legitimate interest in operating our Service and communicating with you as necessary to provide you our services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.
    In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
    If we ask you to provide personal information to comply with a legal requirement, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
    Third-party Services
    You may access other third-party services through the Service, for example by clicking on links to those third-party services from within the Service. We are not responsible for the privacy policies and/or practices of these third-party services, and we encourage you to carefully review their privacy policies.
    Cookies and Similar Technologies
    When you use our Service or open our emails, we may obtain certain information by automated means, such as browser cookies, local storage, web beacons and pixels, device identifiers, server logs, and other technologies. The information we obtain in this manner may include your device IP address, domain name, identifiers associated with your devices, device and operating system type and characteristics, your web browser characteristics, your interactions with our Service (such as the web pages you visit, links you click and features you use), the pages that led or referred you to our Service, dates and times of access to our services, and other information about your use of our Service. We also may receive your device’s geolocation and other information related to your location through GPS, Bluetooth, WiFi signals, and other technologies for certain purposes listed above, such as to provide you with our services. Your device may provide you with a notification when the Service attempt to collect your precise geolocation.
    A “cookie” is a text file that websites send to a visitor’s computer or another Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. Cookies may be set either directly by the website a user is visiting (“first-party cookies”), or by a domain other than the website the User is visiting (“third-party cookies”). A “web beacon,” also known as an Internet tag, pixel tag, or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. We and our third-party service providers may use beacons in emails to help us track response rates, identify when our emails are accessed or forwarded, and for other purposes listed above.
    The following types of cookies and similar technologies are used on the Service:
    Necessary Cookies
    We use necessary cookies to help enable the Services to function, including to:
  • identify you once you have logged in to your account,
  • keep track of preferences you specify while you use the Service, and
  • manage the security of the Service.
  • Functionality Cookies
    Our Service also uses cookies to personalize the content on Potify based on your use of the Service, and support certain third-party services to provide enhanced functionality, if any. These features use third-party cookies that are placed directly on your device by third-party services. These third parties have their own privacy policies and practices and will specify details on the information they may collect about you. Therefore, we highly recommend reviewing them.
    Analytics Cookies
    Through our Service, we may obtain personal information about your online activities over time and across third-party apps, websites, devices, and other online services. On our Service, we use third-party online analytics services, such as those of Google Analytics. The service providers that administer these analytics services use automated technologies to collect data (such as email addresses, IP addresses, cookies, and other device identifiers) to evaluate, for example, the use of our Service and to diagnose technical issues. To learn more about Google Analytics, please visit https://marketingplatform.google.com/about/resources/analytics-product-overview/ and to opt out of being tracked by Google Analytics across all websites, please visit https://tools.google.com/dlpage/gaoptout. In addition, our Service may use FullStory analytics cookies and similar technologies (local storage) to collect technical information from your device (such as IP address, device, and operating system type, browser, and approximate geographic location based on your device IP address), as well as information about your interactions with our Service (such as browsing and keystroke data, and the referring URL and session duration). This information provides us with a better understanding of how you use our Services, allows us to troubleshoot issues if any, and to administer and improve our Service.
    Personalized Advertising Cookies
    Through our Service, both we and certain third parties may collect information about your online activities to provide you with advertising about products and services tailored to your individual interests. You may see our ads on other websites or mobile apps because we participate in advertising networks. Ad networks allow us to target our messaging to users considering demographic data, users’ inferred interests, and browsing context. These networks track users’ online activities over time by collecting information through automated means, including through the use of browser cookies, web beacons, device identifiers, server logs, web beacons, and other similar technologies. The networks use this information to show ads that may be tailored to individuals’ interests, to track users’ browsers or devices across multiple websites and apps, and to build a profile of users’ online browsing and app usage activities. The information our ad networks may collect includes data about users’ visits to websites and apps that participate in the relevant ad networks, such as the pages or ads viewed and the actions taken on the websites or apps. This data collection takes place both on our Service and on third-party websites and apps that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.
    To learn how to opt out of ad network interest-based advertising in the U.S., please visit https://aboutads.info/choices and https://networkadvertising.org/choices/.
    How to Change Your Cookie Settings
    To the extent required by applicable law, we will obtain your consent before placing non-essential cookies or similar technologies on your device and keep your choice.
    You also can stop certain types of cookies from being downloaded on your device by selecting the appropriate settings on your web browser. Most web browsers will tell you how to stop accepting new browser cookies, how to be notified when you receive a new browser cookie and how to disable existing cookies. The following external links will explain how to manage cookies for the most common browsers:
  • Google Chrome
  • Microsoft Edge
  • Mozilla Firefox
  • Microsoft Internet Explorer
  • Opera
  • Apple Safari
  • To find out how to manage cookies for other browsers, please click “help” on your browser’s menu or visit https://allaboutcookies.org. In addition, your mobile device settings may allow you to prohibit mobile app platforms (such as Apple and Google) from sharing certain information obtained by automated means with app developers and operators such as us. Our Services are not designed to respond to “do not track” signals received from browsers. Please note that without cookies or other automated tools we use to collect this type of data, you may not be able to use all the features of our Services.
    The web service Hotjar is used on this website. Hotjar captures information about the user's device, their IP address, geographic location, language settings, and user interactions such as mouse movements, clicks, and keyboard input. In addition, Hotjar uses cookies to recognize visitors. You can find Hotjar’s privacy statement by following this link: https://hotjar.com/privacy/. You can refuse the usage of Hotjar. Details can be found at https://hotjar.com/legal/compliance/opt-out/.
    Local Device Storage and other Tracking Technologies; Do Not Track (DNT)
    The Service will at times place and/or store code or other types of information and/or devices (e.g., “cookies”) on your computer, mobile, or another device (“Local Device Storage”). We may use Local Device Storage for any lawful business purpose, including without limitation to determine which of our messages have been opened by recipients so we can gauge the effectiveness of marketing campaigns, to control the display of ads, to track usage patterns, the movements of individual users, and your geographic location, to help diagnose problems with our servers, to gather broad demographic information, to analyze trends, to conduct research, to deliver editorial content, to record registration and personalization information, and to otherwise administer the Service. For example, if you register on any part of the Service and are given the option to save your user name and password, we may provide this convenience to you via Local Device Storage. Local Device Storage may also collect and store your personally identifiable information, which may be shared with our parent, subsidiaries, and affiliates, and to administer integrational services.
    If you do not want Local Device Storage, your computer, mobile, or another device may include an option that allows you to not accept it. However, if you disable Local Device Storage, some portions of the Service may not function properly.
    If you are a California resident, please see the Additional Disclosures for California Residents section below.
    Data Security
    In the event you are provided with an opportunity to establish an Account and profile on our Site, you may be able to access your Personally Identifiable Information via the Service with your password and username. This password is encrypted. We advise against sharing your password with anyone. If you access your account via a third-party site or service, you may have additional or different sign-in protections via that third-party site or service. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or another sign-in mechanism appropriately and limiting access to your computer, browser, or mobile device by signing off after you have finished accessing your account. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. If we believe that the security of your information may have been compromised, we may seek to notify you of that development.
    We are committed to taking all reasonable precautions to safeguard the privacy of personal information that has been provided by its users. We use technical, contractual, administrative, and physical security steps to protect your personal information. Security measures such as restricted access and the use of passwords and encryption have been adopted to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Our employees have been trained to respect your privacy at all times and those employees with access to your personal information shall use your personal information strictly in accordance with this Privacy Policy. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you, and you do so at your own risk.
    Consent to Transfer of Information
    Your information may be transferred to, and maintained on, servers and databases located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as your jurisdiction. Please be advised that we may transfer your information to and from any state, province, country, or other governmental jurisdiction, and process it elsewhere. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to any such transfer. Our Service, including but not limited to Potify, system management, and IndicaOnline point-of-sale software syncs directly among all parts of the same system so users' personally identifiable information is used by the same backend and stored in one database.
    Data Retention
    To the extent required by applicable law, we keep the personal information you provide for the duration of our relationship, plus a reasonable period to comply with the applicable statute of limitations or if otherwise required under applicable law. We may also retain data from which you cannot directly be identified, for example where stored against a randomly-generated identifier so we know the data relates to a single user, but we cannot tell who that user is. We use this kind of data for research purposes and to help us develop and improve our Service, and we take appropriate measures to ensure you cannot be re-identified from this data.
    The Service is designed for those of legal age to use cannabis or for qualified medical marijuana patients and is not directed to children. We do not knowingly collect, disclose, or sell the personal information of Potify visitors under legal age (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. According to our Terms of Use Agreement, those who are not of legal age for the use of cannabis or not qualified medical marijuana patients are not permitted to use our Service. If you are a parent or guardian and become aware that your child has provided us with personal information, please contact us and we will work with you to address the issue. Potify does not knowingly collect or solicit personal information from children through the Service. If we learn that we have collected personal information from a child, we will promptly delete that information from our records. If you believe that a child may have provided us with personal information, please contact us.