Welcome to the MERCHtender!
Merchtender LP (d/b/a MERCHtender) ("MERCHtender", "we", "us", or "our") connects adult use and medical marijuana brands (collectively, "Brands") with their customers ("Customers" and together with Brands, "you" or the "Users").
- PERSONAL INFORMATION WE COLLECT
When you interact with us through the Service, we collect and combine information and data from you, including information that may identify you or otherwise be considered to be "personal information", "personal data" or "personally identifiable information" under laws that regulate privacy and data protection ("Personal Information") as follows:
Personal Information You Provide: We collect the following categories of Personal Information from you when you visit the Site, create a MERCHtender account, place an order through the Service, or otherwise provide such information to us:
- Identification Information: We collect your name, email address, phone number, mailing/billing addresses, date of birth, and government identification documents (e.g., your driver’s license, state or provincial identification card, or cannabis medical or license card).
- Financial Information: Our payment processor(s) will collect and store the financial information necessary to process your payments for our software services, such as your payment card number and authentication details. Please note, however, that we store only a tokenized version of such information and do not maintain payment card information on our servers.
- Communication Information: We may collect information when you contact us with questions or concerns and when you voluntarily respond to questionnaires, surveys or requests for market research seeking your opinion and feedback. Providing communication information is optional to you.
- Location Information: Our Service may use location-based services in order to locate you, such as using your zip or postal code or IP address, so that we may verify your location, deliver you relevant content based on your location, and share Customer location with the pre-registered delivery providers and Brands.
- Commercial Information: We may retain a history of the products you browse and/or purchase using the Service.
- Social Media Information: We have pages on social media sites like Instagram, Facebook, TikTok, and Twitter ("Social Media Pages"). When you interact with our Social Media Pages, we will collect Personal Information that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages. Your posts, comments, replies to and mention of MERCHtender may be publicly visible, depending on privacy settings. We do not have control over the privacy and retention of your Personal Information on Social Media Pages which are governed by the privacy policies of the parties that operate the platforms that host the Social Media Pages. We have no responsibility or liability for the manner in which the operators of the Social Media Pages collect, use, disclose, secure or otherwise treat your personal information.
Internet Activity Information: When you visit, use, and interact with the Service, we may receive certain information about your visit, use, or interactions. For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern. In particular, the following information is created and automatically logged in our systems:
- Log Information: Information that your browser automatically sends whenever you visit the Site. Log Information includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.
- Device Information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
- Usage Information: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.
- Email Open/Click Information: We may use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email.
Personal Information Collected from Other Sources: We may receive Personal Information, such as contact information and marketing preferences, from other sources, such as Brands, third-party partners, and publicly available information.
Derived Information: We may infer your preferences for certain products and services based on the Personal Information we collect about you.
More about Cookies: On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off.
Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.
If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.
- HOW WE USE PERSONAL INFORMATION
We may use Personal Information for the following purposes:
- To provide, operate, and improve the Service and our business;
- To respond to your inquiries, comments, feedback, or questions;
- To send administrative information to you, for example, information regarding the Service and changes to our terms, conditions, and policies;
- To send you information or serve you advertisements regarding products or services that we believe may be of interest to you;
- To analyze how you interact with our Service;
- To develop new products and services;
- To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture, and networks; and
- To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.
Research and Development: We may aggregate Personal Information and use the aggregated and de-identified information to analyze the effectiveness of the Service, to improve and add features to the Service, gain anonymous insights into product and brand performance on the Service, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of Users and share aggregated information like general user statistics with Brands, and other prospective business partners.
Communications and Marketing: We and the Brands you interact with through the Service may use your Personal Information, such as your email address and telephone number, to contact you to provide the Service and tell you about products or services we believe may be of interest to you.
By providing your telephone number, you acknowledge and agree that we and/or our Brands may contact you, including but not limited to for promotional, informational and other purposes, using SMS text messages, cellular or telephone calls, and push notifications (if applicable) even if you have opted in to the US or Canada National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company, and that such messages and calls may be sent using automatic dialing systems or artificial or prerecorded voice messages.
If you would like to opt-out of receiving certain communications, see the "Your Choices" section below.
- SHARING AND DISCLOSURE OF PERSONAL INFORMATION
In certain circumstances we may share the categories of Personal Information described above without further notice to you, unless required by the law, with the following categories of third parties:
- Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Information with vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Information in the course of performing their duties to us.
- Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, dissolution, sale of all or a portion of our assets, or transition of service to another provider (collectively and each a "Transaction"), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with a Transaction and transferred to a successor or affiliate as part of or following that Transaction along with other assets.
- Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Service, or the public, or (v) protect against legal liability.
- Other Users: The Service may contain a community forum and message board where Users are able to create profiles, writings, reviews, photographs, ideas, videos, audio recordings, computer graphics, pictures, data, or other content, including Personal Information (collectively, "User Content"). The Service may display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it.
- CALIFORNIA PRIVACY RIGHTS
Where provided for by law and subject to any applicable exceptions, California residents may have the right:
- To know the categories of Personal Information that MERCHtender has collected about you, the business purpose for collecting your Personal Information, and the categories of sources from which the Personal Information was collected;
- To access the specific pieces of Personal Information that MERCHtender has collected about you;
- To know whether MERCHtender has disclosed your Personal Information for business purposes, the categories of Personal Information so disclosed, and the categories of third parties to whom we have disclosed your Personal Information;
- To have MERCHtender, under certain circumstances, delete your Personal Information;
- To instruct businesses that sell Personal Information to stop doing so – MERCHtender, however, does not sell Personal Information; and
- To be free from discrimination related to the exercise of these rights.
If you would like to exercise any of these rights, you may do so by emailing us at info@MERCHtender.com. After we receive your request, we may request additional information from you to verify your identity. Your authorized agent may submit requests in the same manner, although we may require the agent to present signed written permission to act on your behalf, and you may also be required to independently verify your identity with us and confirm that you have provided the agent permission to submit the request.
Our Service is not directed to children who are under the age of 18 or adults under the minimum age of possession of cannabis in their jurisdiction. MERCHtender does not knowingly collect Personal Information from children under the age of 18 or adults under the minimum age of possession of cannabis. If you have reason to believe that a child under the age of 18 or adults under the minimum age of possession of cannabis has provided Personal Information to MERCHtender through the Service please contact us and we will endeavor to delete that information from our databases.
- LINKS TO OTHER WEBSITES
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Information to MERCHtender via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or Third Party Services.
- DELETION & USAGE
Deletion: You may request that we delete your Personal Information at any time at email@example.com or by making a request in writing to our Privacy Officer. We will carry out deletion requests, subject to retention to comply with applicable law, within thirty (30) days of receipt and you may continue to receive communication from us during this period.
Usage: The Service is not intended for use outside the United States and Canada. By using our Service outside of Canada or the United States, you understand and acknowledge that your Personal Information will be transferred from your location to our facilities and servers located in the United States or Canada, where data protection laws may differ from those in your jurisdiction.
- YOUR CHOICES
In certain circumstances providing Personal Information is optional. However, if you choose not to provide Personal Information that is needed to use some features of our Service, you may be unable to use those features. You can also log in to your MERCHtender account or contact us to request updates or corrections to your Personal Information. If you have questions or concerns about other Personal Information collected by us, or are unable to use your MERCHtender account and would like assistance accessing that information, please contact our Privacy Officer at firstname.lastname@example.org.
You may opt out of marketing-related communications by following the opt out or unsubscribe instructions contained in the marketing communication we send you, or by updating your settings through your account. If you unsubscribe from our marketing lists, you will no longer receive marketing communications from us but we will continue to contact you to provide the Service, regarding management of your account, other administrative matters, and to respond to your requests.
- CONTACT US