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Privacy Policy

PRIVACY POLICY

High Tide Inc. (“we”, “our”, “Company”) values its customers, their personal information, their privacy and their trust. This Privacy Policy (“Policy”) explains how we collect, use and protect information collected through our website. Specifically, this Policy applies to our collection, use, processing, storage, and transfer of information associated with Company’s website, www.cabanaclubusa.com (the “Site”). If there is something you do not understand about our privacy practices, please feel free to email us at info@cabanaclubusa.com.

Throughout this Policy, we refer to the term “Personal Information.” “Personal Information” is data which identifies, describes, is associated with, or could be linked to an individual, such as a name, birthdate, postal address, email address, telephone number, driver’s license, SSN or government-issued identification number, credit card number, or the like.

Personal Information does not include anonymous or aggregated data that can no longer be used to identify a specific person, even if combined with other data. Also, some of our customers are businesses, companies, institutions, or other entities rather than individuals. We do not consider Business Information, such as title, employer’s name, work email, work phone number, work address, and other similar business information, to be Personal Information.

 

Information We Collect

Information You Provide

When you contact us through our Site, register and set up an account on the Site, inquire about our Affiliate Programs, register for our newsletter, utilize our private chat, or make a purchase on our online store, we collect certain personal information from you, such as your name, email address, postal address, phone number, credit card data, and other information you may provide to us via the Site. We may use this information to communicate with you, to provide information about our products, services, or business, or to process a transaction. Any communication through our private chat function will be recorded in full and kept in keeping with this policy. We may also use this information in our legitimate business interests, such as for marketing purposes or to provide information about products or services that may be of interest to you. Unless you expressly opt out of any specific method of communication, which is not a condition of any purchase, we may send text messages and emails to you to promote our products, including by automated systems. We keep your information only for as long as is reasonably necessary for the purposes for which it was collected.

Other Information We Collect

In addition to collecting information directly from you as described in the previous section, we also automatically gather information when you browse or view our Site. This information may include Internet Protocol (IP) address, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, clickstream data, whether you are a first-time or a returning user, links you clicked on while in the Site, and your flow and

navigation path through the Site. We use this information to make sure that the Site and its associated parts are functioning properly, that the Site is displayed properly for your equipment and software, and that we can provide you with information useful to you and your location.

In some of our email messages, you will find a “click-through URL” linked to content on our Site. We track this click-through data to help us determine interest in particular topics and to measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click on such links.

 

Data Retention Policy

We retain personal data for specific durations based on the type of information and its purpose:

· Transactional data: Retained for seven (7) years following the date of the transaction for tax and audit purposes.

· Marketing data: Retained until you withdraw consent or opt-out.

· Account-related data: Retained for two (2) years following account inactivity, unless otherwise required by law. Upon expiration of these periods, your personal information will be securely deleted or anonymized.

 

Cookies and Other Tracking Technologies

We use technologies such as “cookies” so we can remember certain information about you, remember your preferences, and recognize you when you return to the Site. Cookies help us understand how users use and navigate the Site. They enable us to compile aggregate data about Site traffic and Site interaction so we can improve our Site and enhance your user experience. A cookie is a text file that is stored on your device. Most browsers are set to accept cookies automatically. You can set your browser to decline all cookies automatically or to prompt you for a response each time a cookie is offered. If you decline cookies, you may find that you cannot access all the features of our Site.

We also use log files, web beacons and pixel tags when you visit our Site. Log files track IP addresses, browser type, Internet Service Provider (ISP) identity, referring/exit pages, platform type, date/time stamp, and number of clicks. We utilize this information in our legitimate interest in administering the Site, preventing fraud, tracking website navigation in the aggregate, and gathering broad demographic information for aggregate use. Web beacons, also known as clear GIFs, are often used in combination with cookies. Often transparent, these images are part of web pages, and allow us to count users who have visited certain pages and to generate statistics about how our Site is used. They are not used to access Personal Information. Pixel tags enable us to send email messages in a format that customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

 

Use of Personal Information

We may use your Personal Information to further our legitimate business interests, such as to transact business, to provide information about our company and its products and services, and to communicate with you. As described above, we may use Personal Information to send you requested information, to personalize content for you, to compile, analyze, and better understand user data, demographics and behavior, and to detect, investigate, and prevent activities that may violate our policies or be illegal. We may also use Personal Information to communicate with you about products and services we believe you might find of interest and to administer promotions, surveys, contests and sweepstakes in which you might participate.

We also use the information automatically collected about you during your use of the Site, as described above, to improve the effectiveness of our website, operations, mobile experience, and/or marketing efforts, to prevent against fraud and theft, and otherwise to protect our Site’s visitors and our business.

Our employees and agents may view your Personal Information to perform their jobs and service your needs and the Site operations. They will have access to your Personal Information on a need-to-know basis to provide you with our products or services, or for one of the other reasons listed in this section and have a contractual obligation to protect the privacy of that information.

By signing up for Cabana Club or Cabana Elite, you consent to receive electronic communications from Canna Cabana for marketing and program facilitation purposes. By making a purchase at Canna Cabana, you consent to receiving commercial electronic messages through establishing an business relationship. You can opt-out of receiving commercial electronic messages at any time.

 

Sharing Your Personal Information

As a general rule, we do not sell any information we collect from you. We will not disclose any of your Personal Information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under circumstances described in this Policy. For instance, we may share your Personal Information in the following circumstances:

We may provide your Personal Information to our partners, as outlined above, to assist us in operating the Site and transacting business and communicating with you. When we do so, we will exercise reasonable care to ensure that such partners are prohibited from using that information for any other reason and that such information is maintained securely.

We may disclose your Personal Information if we determine that disclosure is reasonably necessary to enforce our Terms of Service, this Privacy Policy, or to otherwise protect our operations, legal rights, clients or users.

We may release your Personal Information to others (including law enforcement) if we believe such release is reasonably necessary to comply with the law or legal process; to enforce the provisions of the Terms of Use; to detect, prevent, or otherwise address fraud, security or technical issues; or to otherwise protect the rights, property or safety of the Company or others.

We may sell, transfer and/or disclose your Personal Information as part of a business divestiture, sale, merger, transaction, or acquisition of all or a part of our business. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. In the event of an insolvency, bankruptcy, or receivership, your Personal Information may also be transferred as a business asset.

In addition, we may share aggregate, non-individual information, incapable of identifying a particular person, with third parties for lawful purposes.

 

Cross-Border Data Transfers

When transferring your personal information outside your jurisdiction, we ensure that appropriate safeguards are in place to protect your information, such as:

· Entering into Standard Contractual Clauses (SCCs) for data transfers from the European Economic Area (EEA) or the United Kingdom (UK).

· Complying with the EU-US Data Privacy Framework or similar mechanisms where applicable.

· Conducting risk assessments for high-risk transfers.

For more details, you may request a copy of our data transfer safeguards by contacting us.

 

Age of Consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Our Site is not directed to children under age 13 and we do not knowingly collect Personal Information from children under the age of 13. Children under 13 should not provide their Personal Information to us through our Site, to customer service, or in writing. If we learn that Personal Information belonging to anyone under the age of 13 is stored on the Site, we will immediately delete such information and refrain from using it for any purpose.

 

Legal Compliance

We comply with all applicable privacy and data protection laws, including but not limited to the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), the Virginia Consumer Data Protection Act (VCDPA), and the Colorado Privacy Act (CPA). Specific rights and obligations under these laws are detailed in this Privacy Policy or can be obtained by contacting us.

California Privacy Rights

If you are a California resident, you may have certain rights with respect to your personal information including the following rights:

· the right to know, by way of our Privacy Policy and any specific inquiries you direct to us, where personal information we have about you comes from, what we use that information for, whether it is being disclosed or sold, and to whom it is being disclosed or sold;

· the right to “opt-out” of the Company’s sale of your personal information to any third parties;

· the right, with some exceptions, to have your personal information deleted from the Company’s possession or control; and

· the right to receive equal service and pricing from the Company even if you exercise any of your privacy rights.

California Civil Code Section 1798.83 permits users of the Site who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, or if you have any questions or concerns about your California privacy rights, our Privacy Policy, or our use of your Personal Information, please send an e‐mail to info@cabanaclubusa.com, or write to us at:

 

Attn: Privacy Administrator 11127 15 St NE Unit 112

Calgary, AB T3K 2M4

 

For all California residents, any such inquiries shall be responded to within forty-five (45) days and at no cost to you. Company will use information you have provided to us in connection with your activity on the Site to verify your identity in connection with any inquiries related to your rights noted in this Section.

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 info@cabanaclubusa.com. 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.

European Privacy Rights

If you are an EU resident, you are afforded certain rights regarding your personal information. For example, EU residents have the following rights:

· The right to be informed about what happens with your Personal Data (information relating to an identified or identifiable natural person), including how it is collected from you, how it is used as well as the right to access that Personal Data, to modify it when it is incomplete or incorrect, and the right to withdraw consent for its use;

· The right to access Personal Data held by organizations about an individual;

· The right to rectification allowing individuals to correct inaccurate information or complete incomplete information;

· The right to erasure (or the right to be forgotten) allowing, with some exceptions, an individual to have his or her Personal Data deleted upon request;

· The right to restrict and withdraw consent for data processing;

· The right to data portability allowing individuals to ask for the transfer of their Personal Data or to obtain and use their Personal Data for their own purposes;

· The right to object, with some exceptions, to the processing of an individual’s Personal Data;

· The right to prevent automated decision making or profiling and to require that those decisions be made by natural persons.

If you have questions or concerns about these rights and how they relate to this Privacy Policy or the Site, please direct your inquiries to info@cabanaclubusa.com or write to us at:

 

Attn: Privacy Administrator 11127 15 St NE Unit 112

Calgary, AB T3K 2M4

 

User Rights Management

We provide robust mechanisms for you to exercise your rights under applicable laws, including the GDPR, CCPA, VCDPA, and CPA. To request access, correction, deletion, or to exercise data portability or restriction rights, contact us at info@cabanaclubusa.com. We will verify your identity and respond within the timeframe required by applicable law (e.g., 30 days for GDPR requests, 45 days for CCPA requests).

You may also object to the processing of your data for direct marketing purposes or withdraw consent for automated decision-making by contacting us.

 

Expanded Opt-Out Options

Users in applicable jurisdictions have the right to opt-out of:

· The sale of their personal information to third parties.

· Targeted advertising based on their online behavior.

To opt-out, use the “Do Not Sell My Information” link available on our Site or contact us at info@cabanaclubusa.com.

 

Links to Other Websites

You may be able to post content to third party Social Networking Sites (such as Facebook, Instagram, Linked-In, and Twitter) on which we maintain a presence. If you choose to do this, we will provide information to the Social Networking Site(s), and receive information from them, in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the applicable terms of use and privacy policies. We are not responsible for the availability, accuracy, content, products or services of third party Social Networking Sites.

While you are using the Site, you may be linked or directed to other third-party websites that are beyond our control. These third-party websites may have privacy policies and terms of use which differ from ours. Please carefully review these policies. We are not responsible for any actions or policies of such third parties.

 

Data Movement

We may maintain your Personal Information on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We process data, including Personal Information, in the United States. We transfer your Personal Information to another organization or a country only with your consent or to perform a contract with you, and consistent with the practices described in this Privacy Policy.

 

Security Measures

We maintain a variety of industry-standard security measures, including physical, electronic and procedural safeguards. For instance, we use SSL encryption technology for all credit card numbers, passwords, and registration information you provide us. Our systems are tested daily and certified as PCI compliant each month. No system or Site can be completely secure, so we do not promise, and you should not expect, that your Personal Information, searches, or other communications will always remain secure.

 

Data Breach Notification

In the event of a data breach that may pose a risk to your rights and freedoms, we will notify affected users without undue delay and no later than the timeframes required by applicable laws. Notification will include:

· The nature of the breach.

· The type of data involved.

· The steps we are taking to mitigate harm.

· Recommendations for actions you can take to protect yourself.

 

Your Access and Consent to Use of your Personal Information

If you believe that the Personal Information that we have collected about you is incomplete, inaccurate, or not up to date, or if you would like to review and/or request changes or deletion of that information, you can contact our Webmaster.

If you do not consent or want to withdraw your consent for us to collect, use, or disclose your Personal Information as described in this Policy, please contact our Webmaster. In your request, please identify the Personal Information at issue and the collection, use, or disclosure you wish to stop.

Denying or withdrawing consent may not allow us to provide you with some or all the products, services, or information you request.

You may opt-out of receiving marketing-related emails or text messages by clicking the “unsubscribe” link at the bottom of any email you receive from us or opting out of additional text messages by following the instructions in a text, or else by mailing us at info@cabanaclubusa.com. Consent to marketing related emails or text messages is not a condition of any purchase. If you are having difficulty unsubscribing from our marketing communications, please contact us at info@cabanaclubusa.com.

If you opt-out from receiving marketing emails or text messages, we may still need to send you communications about your account, orders, customer service inquiries, employment inquiries and other transactional, business related matters.

If you agree to receive future marketing communications directly from a third party through our Site, you will need to contact that party to opt-out of such communications. This process may be outlined on that party’s privacy policy.

 

Accessibility

This Privacy Policy and all related materials are available in accessible formats upon request to accommodate individuals with disabilities. Contact us at [contact email] to request an alternative format.

 

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. Changes and clarifications will take effect immediately upon their posting on the Site and we will change the “Last Modified” date below. We will notify users of material changes to this Privacy Policy via email or a prominent notice on the Site at least 14 days before changes take effect. Continued use of the Site after this period constitutes acceptance of the updated terms.

 

Questions and Contact Information

If you would like to: access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply request more information, you may contact us at:

 

Attn: Privacy Administrator 11127 15 St NE Unit 112

Calgary, AB T3K 2M4 info@cabanaclubusa.com

Last Updated: December 06, 2024

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