Privacy Policy

This Privacy Policy was last updated on April 19, 2017.

This Notice of this Privacy Policy (“Notice”) applies to information collected, processed by INDIVA’s , online at indiva.com (Collectively, “Services”). This Notice describes the extent of data collection and use for INDIVA’s Services.

Terms

Privacy Policy

This Notice of Privacy Practices explains:

Your access to and use of our Services and/or Website (the “Site” or “Website”)means you agree to the terms in this Notice and our Terms of Use. We encourage you to refer to this Notice periodically so that you understand our current privacy practices.

If you have any questions about this this Notice, please contact our General Counsel.

  • Via e-mail at [email protected]
  • By mail at:
    INDIVA General Counsel
    1050 Hargrieve Road
    London, Ontario, Canada N6E 1P5
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WHY WE COLLECT & USE INFORMATION

INDIVA understand that you entrust your data to us. We value that trust. Our collection and use of customer data is guided by our corporate principle of Customers First and subject to our INDIVA Responsible Information Management program.

We may use the information we collect for the following primary reasons:

  1. Product & Service Fulfillment (FUL)
  2. Marketing, Promotions & Advertising (ADV)
  3. Internal Operations (OPS)
  4. Fraud Prevention, Security and Compliance (SEC)

We may combine information collected from different sources (see section on What We Collect & Share). Below is a summary of some of the ways we collect and use information:

1. Product & Service Fulfillment (FUL)

  • To complete, fulfill, manage, and communicate with you about transactions;
  • To establish and service your online profile on our websites;
  • To provide customer service and alert you to product or shipping information;
  • To provide personal services such as The Registry at INDIVA; and
  • To administer loyalty programs.

2. Marketing, Promotions & Advertising (ADV)

  • To deliver information about our products, services, and promotions;
  • To provide interactive features on our websites (e.g., product ratings and reviews);
  • To identify product preferences & shopping preferences ; and
  • To administer contests, sweepstakes, promotions, surveys, and focus groups.

3. Internal Operations (OPS)

  • To improve the effectiveness of our website, merchandise assortment, and client service;
  • To conduct research and analytics related to our operations; and
  • To perform other logistics and operation activities as needed.

4. Fraud Prevention, Security and Compliance (SEC)

  • To protect our assets and prevent fraudulent transactions;
  • To validate credentials & authenticate customers when logging into your online profile, or transacting online;
  • To protect the security and integrity of our Services and our data; and
  • To assist law enforcement and respond to legal/regulatory inquiries.

The rest of this Notice refers to the collection & use codes above (FUL; ADV; OPS; SEC). This is so you can better understand why we collect & use different types of information in accordance with our privacy practices and our Responsible Information Management program.

INDIVA collects your personal information to help us manage, maintain, and develop the services, products, and operations we provide. Below are included some examples of how we use your data:

  • To create and maintain a strong, mutually beneficial relationship with you, our user, and provide to you or receive from your information and/or products and services.

  • To provide users with the option to create and access an account on our website, allowing them easier access to products, services, and other features.

  • Enabling reviews of INDIVA products and services in order to understand your need for our products and services and to continually improve these products and services.

  • Enable us to receive and accept your requests regarding our products and services. This includes how you prefer to be contacted, receive your order, etc.

  • Allowing INDIVA to safeguard the website and company from errors, fraudulent behaviour, theft of any kind, and/or damage to products and property of any kind.

  • Enabling INDIVA to operate in accordance in all applicable regulations or regulatory processes in each respective region our services are available in.

  • Carry out any action which would be deemed a reasonable purpose which you consent to.

INDIVA collects personal information and personal health information about you, the user, in connection with the provision of healthcare services we provide, including:

  • Providing medical cannabis to you

  • Providing users with resources related to medical cannabis.

  • Maintaining communications with you to keep you apprised of information which may be of assistance or interest to you.

  • Helping physicians, registered nurses, or other healthcare providers as required.

  • Replying to insurance provider requests made by or on behalf of the user for insurance claims to the extent applicable.

  • Tracking and managing your record as an INDIVA client and patient of medical cannabis (including cannabis purchased, services used, effects of medical cannabis, & more.)

  • Receiving and/or processing payments.

  • Investigating claims.

  • Referring you to healthcare practitioners upon request.
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WHAT WE COLLECT & USE

INDIVA collects and keeps different types of personal information in respect of the individuals with whom we interact. Information collected by INDIVA can include:

  • Information you provide: (FUL, ADV, OPS, SEC)

    We collect various information when you create a profile, place an order, create a registry or take advantage of other programs online or in store. Information we may collect includes: Name, Address (billing and shipping), Zip code, e-mail address, Telephone number(s), Cellular phone number(s), Credit card number(s), Birth date, and Security question answers. (To express your preferences related to information you provide, go to the Manage Your Preferences section below).

  • Technology-Enabled Collections: (FUL, ADV, OPS, SEC)

    We may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page within our website that is viewed by that IP address and what country you are from. We use this information to monitor our website's performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our website.

    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 website to identify you and to record your passwords and preferences. The cookie allows us to track your visit to the website so that we can better understand your use of our website so that we can customize and tailor the website 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 the website.

    Finally, our website 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. INDIVA 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.

  • Transaction Information: (FUL, ADV, OPS, SEC)

    Transaction Information includes items purchased, date and time of your transaction, for online purchases. When you make a purchase or create a gift registry, we may share information about you and your transaction with other companies necessary to process your transaction or offer you products or services that may be of interest.

  • Third Parties: (FUL, ADV, OPS, SEC)

    • We may collect about health care practitioners may be used to comply with our legal and regulatory requirements, including, for example, to verify the information provided on Medical Documents. In certain circumstances, we may be required to disclose such information to the relevant licensing authority that governs the practice of their profession.
    • We may receive your updated shipping information from a third party carrier.
    • We may collect or use information made available to us through third party platforms, online databases and directories, or other means. We specify that data sourced from a third party must be legitimately and legally obtained. Some or all of this information may be governed by the privacy statements of the third party.
    • We may share information with third parties who provide services to us or who work with us to offer products or services online or in our stores. INDIVA also may share information with third parties so that they may directly offer their products or services to you if we think they may be of interest to you.
    • We participate in consortiums with partners to share information or match customer data. When shared, this information is de-identified & anonymized.
    • We may also use information we collect about you in the aggregate for statistical purposes, for example to identify the demographics of our clients, the types of diagnoses that our clients are using medical marijuana to treat, and the types of strains that are most beneficial for different diagnoses. We may publish and/or disclose aggregate statistics to third parties but never any identifiable personal information (except in accordance with this Policy).

    INDIVA collects personal information directly from individual users on the website. If INDIVA requires additional personal information from you but that information is held by a third party INDIVA will obtain permission from you prior to getting that information from the source. In such cases permission will be obtained directly from you or will be implied by your actions.

    INDIVA reserves the right to retain third party services and INDIVA may also receive personal information about you collected by those third parties at any point, during the third party’s rendering of services for us or otherwise. In such cases INDIVA will take all reasonable measure to be sure that the third party organization has been permitted and has the right to share your personal information with INDIVA.

    We collect information from a variety of sources, including: information provided by you, transaction information, technology-enabled services, and information we collect about you from third party sources. The following are select examples of the types of information we may collect and share:

    Please note: 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 website. Unless explicitly stated otherwise, any User Generated Content that you post onto our website (including your username) will be made publicly available. As such, do not post any personal information onto our website (such as your name or address) if you wish to remain anonymous.

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INDIVA PRIVACY POLICY REGARDING MEDICAL CANNABIS

INDIVA's medical cannabis operations include the following activities and closely related activities:

  • Operating and maintaining a marijuana production facility and all of the related responsibilities.

  • Making medical cannabis available and distributing it to individuals qualified as evidenced by a medical document officiated by Health Canada.

  • Educating interested parties and stakeholders (investors, healthcare practitioners, various government officials, patients) regarding medical cannabis and its effects. INDIVA may collect information at any point from any person using any resources accessed from INDIVA online or in person.

    For you to qualify to obtain medical cannabis from INDIVA, we require you to follow legal regulations and provide INDIVA with:

  • A document known as a "Medical Document" filled out and submitted by an authorized healthcare practitioner.

  • Authorization form.
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THE MEDICAL DOCUMENT

The INDIVA Medical Document requires the following information to be provided:

(i) The details of your healthcare provider - name, official profession, clinic address, telephone, fax, email, province of registration, and medical license number; (ii) The name and date of birth of birth of the patient for whom the medical document is being written; location of the consultation which led to the medical document being filled out; and (iii) information about recommended dosage for the patient, dosage referring to the product, quantity used, and period of use. The form also has room to allow a medical practitioner to provide INDIVA with your diagnosis and additional comments regarding the treatment.

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THE AUTHORIZATION FORM

The authorization form is included in the medical document package and must be received by INDIVA in order for us to verify the information in your Medical Document with the healthcare practitioner who filled out the Medical Document.

Healthcare Practitioner Information

Information collected by INDIVA about healthcare practitioners (doctors, nurse practitioners) is a requirement which allows INDIVA to cooperate with legal and regulatory requirements. An example is using this information to verify the Medical Documents we received are correct. There exists a possibility that INDIVA will be required to disclose this or any other personal information to the authorities which governs the practice of a respective profession.

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OUR USE OF INFORMATION TECHNOLOGIES

The following section describes various types of technologies we use when you interact with us online, shop through our online stores, and your choices regarding those technologies:

Cookies, Pixel Tags, and Flash Cookies (FUL, ADV, OPS, SEC)
On our websites we use Cookies, Pixel Tags, and more limitedly, Flash Cookies. This section briefly describes each:

A Cookie is a small piece of computer code sent by a website and online stored on the hard disk of your computer. A pixel tag (also known as a tracking pixel, web beacon, or clear GIF) is an embedded image on a website that may register a user's website activity. A Flash Cookie (also known as a Local Shared Object) is a data file stored on your computer by the websites that you visit (click here for more details). Flash Cookies provide similar functionality as Cookies, but are based on different technology, provide richer data collections, and are persistent; they do not go away when you exit your browser and generally cannot be deleted through your browser option tools.

At INDIVA we use two kinds of Cookies: session cookies and persistent cookies. Session cookies exist only for as long as your browser remains open. We use session cookies, for example, to manage items added to your shopping bag. Persistent cookies last from visit to visit; they do not go away when you exit your browser. We use persistent cookies to enable an easier log-in process, give you a more personalized shopping experience, or help you navigate our website more efficiently. For example, we use persistent cookies to show you items you have previously browsed. From time to time, we may use Flash Cookie(s) on our website(s), for example, to enable or control richer Flash-based content.

If you block cookies from indiva.com, you will not be able to make purchases on our websites.

Do Not Track (DNT) (ADV, OPS)
INDIVA does not currently recognize and process Do Not Track signals from different web browsers. Customers may manage their preferences for tracking across sites in the Interest-Based Advertising section above. For more information on Do Not Track please visit http://allaboutdnt.org/.

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MANAGING YOUR PREFERENCES

This section details, in one place, how you may express preferences including electing to opt-out of some data collections or uses.

Access to Accounts, Online Profiles, and Orders

  • If you are a registered user of indiva.com, you can update your information in My Account.
  • If you have questions about your order, you may check your order status online.
  • If you have any other questions, please call our Customer Service at 1-888-649-6686.
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THE IMPORTANCE OF YOUR CONSENT

Your consent with regard to INDIVA collecting, using, and/or disclosing your personal information is important. For information which can reasonably not be considered sensitive, your consent may be implied, deemed using an opt-out system, or express. Express consent is given either orally, electronically, or in writing. Implied consent is defined as consent which can reasonably be inferred from your actions (or inaction) on our website.

We will typically seek and acquire your consent when we collect your personal information. However, in exceptional circumstances consent may be obtained following collection but before we use or disclose this information. If we intend to use your personal information for purposes not outlined in this privacy policy or otherwise we will make all reasonable efforts to advise you of such occurrence before such disclosure occurs.

If we are permitted or required by applicable laws or regulations we will collect and/or disclose your personal information without your knowledge or consent.

You have the opportunity to withdraw your consent at any time. However, your withdrawal of consent is subject to contractual and/or legal obligations and notice within a reasonable time by contacting INDIVA’s General Counsel, who is INDIVA’s Chief Privacy Officer (contact information laid out below).

Any and all communications regarding consent must be written and address to INDIVA’s General Counsel.

Unless we are advised otherwise, we assume you have consented to INDIVA collecting, using, and disclosing your personal information as per the parameters set out in this Privacy Policy.

Updating Your Information

The information contained in our records must be accurate and current to help us better serve you. If in the course of your relationship with INDIVA your personal information should happen to change, please inform us through our website.

In certain circumstances your request to change your information may be denied and instead we will append alternative text to the information in question.

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ACCESS TO YOUR PERSONAL INFORMATION

To review your personal information please contact our General Counsel. As previously noted, any communication with our General Counsel must be made in writing.

When you make a request to access your personal information we may request information from you which will enable us to confirm your identity and right to access the information you are requesting. This personal information you provide for us will also help us find the personal information we have about you.

We reserve the right to charge a nominal fee for facilitating access to personal information we have. You will be notified of any fee in advance and will only pay if it you decide to proceed with accessing your information. Contact our General Counsel if you require assistance with your request.

You have the right to access the personal information we hold about you, although your right to do so is not absolute. There exist situations where laws and/or regulations allow and/or require INDIVA to withhold access to some or all the personal information we hold about an individual. In accordance with our record-keeping practices and obligations your information may be destroyed, erased, or made anonymous.

If it should come to be that we are unable to accommodate access to your personal information we will do our best to explain the reasons, except in cases where laws or regulations restrict our capacity to do so.

Data Sharing Preferences

If you prefer that we not share your information with third parties for marketing purposes, you can contact us:

  • By mail at:
    INDIVA General Counsel
    1036 Hargrieve Road
    London, Ontario, Canada N6E 1P5
    • If you choose to write to us, please include your name, address, phone and your INDIVA client card number, state "NO THIRD PARTY SHARING" in your request.
  • By phone at 1-888-649-6686

Email Communications

  • Promotional or Marketing Emails: To opt-out of receiving promotional or marketing e-mails from Bloomingdale’s at a specific email address, you may:
    • Use the unsubscribe link in the footer of any e-mail sent by indiva.com.
    • Unsubscribe by signing into your account on bloomingdales.com, clicking on my profile and indicating your opt-out preference.
    • Or contact us:
      By mail at:
      INDIVA General Counsel
      1036 Hargrieve Road
      London, Ontario, Canada N6E 1P5

    Note: It may take up to 10 business days to process your request.

  • Customer Survey Emails: We may send surveys, via e-mail, to our customers in order to collect opinions and feedback about their shopping experiences. To opt-out of receiving survey emails from INDIVA, you may use the unsubscribe link of any survey email.

  • Specialized Email Programs: You may have signed up for one of our specialized email programs (e.g. Rewards). To opt-out of receiving emails from one of those specialized programs, you may use the unsubscribe link at the bottom of any of these emails.

    Note: Operational emails (e.g. shipping confirmation or product recall information) do not provide an opt-out option.

Direct Mail or Telemarketing

  • Direct Mail or Telemarketing: To opt-out of receiving direct mail or telemarketing calls, you may contact us:
    • By phone at 1-888-649-6686
    • By mail at:
      INDIVA General Counsel
      1036 Hargrieve Road
      London, Ontario, Canada N6E 1P5
    • If you choose to write us, please include your name, address, phone and your INDIVA client card number and state one of the following:
      • "NO MAIL OFFERS" (if you don't want to receive offers by mail);
      • "NO PHONE OFFERS" (if you don't want to receive offers by phone); or
      • "NO MAIL OR PHONE OFFERS" (if you don't want to receive either)

    Note on Opting-Out of Direct Mail: Because direct mailings are often prepared well in advance (12-16 weeks, in some cases) you may, for a period of time, continue to receive some physical mail after you send us your request.

Website & Online Services Preferences

  • Cookies & Flash Cookies: INDIVA reserves the right to place a “cookie” or “cookies” on your computer’s hard disk drive when you enter our website solely for the purposes of tracking your visit and collecting information about it. Cookies are data which are downloaded through your web browser to your hard drive to collect information about your visit to the website which sent them to your computer. Information sent to a website from a cookie is sent only to the website which sent the cookie to your computer. A cookie can act as an identification device which makes it possible for a website to identify individual users and record preferences, settings, and login credentials (username and password). INDIVA uses cookies to improve your browsing experience, both by (i) analyzing information collected about your session and using it to improve the website on future visits and (ii) by tailoring your session to your needs based on what we know about you and your usage habits. By default, most web browsers are set to accept cookies when the user visits a website which uses them. Most browsers give an option to change the cookie settings to either notify the user when a website is sending cookies so the user can choose to accept or deny the cookies or to automatically reject the website’s request to send a cookie to the hard drive. Please note that if you don not accept cookies from our website, either by choice or automatically, you may be unable to access some pages/assets/resources hosted on our website and your browsing experience may be affected.

    Our website contains links to other websites. We have no control over these websites and their privacy policies may be different. INDIVA is not responsible for any policy or practice of third party websites we link to on our website. We are only responsible for what we do with the data we collect from you while you are on our website. We are not responsible for the way third parties collect, use, or disclose your data, through cookies or otherwise. If you choose to visit an external website linked to by INDIVA, review the privacy policy of the website before providing any personal information.

  • Social Network & New Tech Advertising: You can manage your preferences for many of these advertising programs through the links provided below:

    For more information on Social Media see our Social Media Policy

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OWNERSHIP OF CUSTOMER DATA

If INDIVA, its parent company or any of its subsidiaries is sold to or otherwise acquired by a third party, all INDIVA data assets will become the property of the acquiring party. Such a party will be subject to any consent(s), opt-outs or other customer conditions on data. A change in data ownership may or may not include a notice on the primary online sites of INDIVA or affected subsidiary sites.

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ADDITIONAL DISCLOSURES

INDIVA is committed to resolving any customer concerns regarding their privacy. If you have any questions about this Privacy Policy or concerns about how we manage your information, please contact our General Counsel by telephone, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you.

  • Via e-mail at [email protected]
  • By Phone: 1-888-649-6686
  • By mail at:
    Attention: Koby Smutylo
    1050 Hargrieve Rd.,
    London, ON N6E 1P5
    Canada

You may also make a complaint under the Ontario Personal Health Information Protection Act to the Information and Privacy Commissioner of Ontario by completing this form:
http://www.ipc.on.com/images/Resources/up-cudfrm_e.pdf. If you reside in another jurisdiction, you may potentially file a complaint with the relevant authority in that jurisdiction.

Revisions to this Privacy Policy

This Privacy Policy may be amended or otherwise changed in accordance with changes to legal obligations or the way INDIVA handles user’s personal information. Any changes made to this Privacy Policy will be updated on our website.

Interpretation of this Privacy Policy

Our General Counsel will make any interpretations regarding this Privacy Policy. Although this Privacy Policy does include examples, these examples are not intended to restrict applications of the Privacy Policy. Therefore, these examples contain the word, “including,” which mean, “including without limitation.”

The INDIVA Privacy Policy does not create or confer rights onto any party or entity, either INDIVA or an individual, outside of or in addition to regulations imposed by the federal privacy laws and provincial privacy and health laws set out by the respective Governments in Canada. Should any situation occur in which there is an inconsistency between the INDIVA privacy Policy and any Canadian laws, this Privacy Policy will be interpreted to comply with such privacy laws, as applicable.

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SAFEGUARDING INFORMATION

INDIVA has put various procedural, technical, and administrative measures in place to safeguard the information we collect and use. We designed our technology-enabled services to accept orders only from Web browsers that permit communication through a Secure Socket Layer (SSL). SSL is an encryption standard that provides a layer of security while information is being transmitted over the Internet.

As a matter of policy, we do not disclose details regarding our security measures as this could be beneficial information to criminals and other bad actors.

Be advised, no security safeguards or standards are guaranteed to provide 100% security. You should always use appropriate self-protection measures and practice safe browsing on all websites. For more information on how you can securely shop with us, please review our Security Tips by clicking here. The National Cybersecurity Alliance also provides comprehensive information to stay safe online.

Additionally, sometimes bad actors attempt to use our brand to create fake web pages, send fake texts or emails, and conduct other illegal activities to commit fraud or attempt to breach consumers’ security. We actively monitor for these illegal scams and shams. We provide FAQ’s and Consumer Protection Alerts in our Customer Protection Center (CPC) as we learn of these activities. If you receive anything with the INDIVA brand that seems suspicious, you can check to see if there is an alert on the CPC or call our customer service department.

We protect the personal information we collect about our clients to prevent loss, misuse, and/or alteration. INDIVA has in place physical, technical and organizational safeguards appropriate to the level of sensitivity of our clients’ personal information. Our security measures are designed to prevent unauthorized access and any other unauthorized activity.

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