Privacy Policy

Elemental Wellness Center is committed to respecting the privacy of our in-store, online, delivery, and mobile visitors and users. This Privacy Policy (“Privacy Policy” or “Policy”) applies to the collection and use of information from and about visitors and users (collectively, “Users” or “you”) through our retail locations, our website, our mobile applications, and our product delivery offerings (collectively, the “Services”). By using the Services, you agree to the terms and conditions of this Privacy Policy.

We will not use or share your personal information except as described in this Privacy Policy.

This Privacy Policy applies to information collected by Elemental Wellness Center and does not apply to information collected by any third party sites to which the Services may link or to information provided to, or collected by, third parties through third party cookies, web beacons, or other third party technologies on our website or mobile application.

Where we rely on your consent to process your personal information, you can withdraw such consent at any time as described in the “Rights to Opt-In / Opt-out” section of this Privacy Policy.

If you have questions or concerns regarding this Privacy Policy, you should contact us via e-mail at [email protected], or via postal mail at the address listed in the “Contact Us” section of this Policy.

Changes to Privacy Policy

This Policy is published on the Company’s website at elementalwellnesscenter.com. To access it, visit the website and click on the “Privacy Policy” hyperlink, or browse to: https://elementalwellnesscenter.com/about-us/privacy-statement

Changes to this Privacy Policy will become effective on the date they are posted on the Services. We reserve the right to change this Privacy Policy at any time and from time to time in our sole and absolute discretion without the duty to notify you. Changes, modifications, additions, or deletions will be effective immediately on their posting to the Services. You should check this Privacy Policy periodically as its terms may change from time to time without prior notice to you. Your continued use of the Services after we post any such modifications will constitute your acknowledgment of the modified Privacy Policy and your agreement to abide and be bound by the modified Privacy Policy. We will also revise the “last updated” date found at the beginning of this Privacy Policy when we post changes to it.

Terms of Use

For further details on using our Services, please refer to our Terms and Conditions available on the Elemental Wellness Center website at: https://elementalwellnesscenter.com/terms-conditions

By using Company’s Services in person or via the Internet, including Elemental Wellness Center’s website, you agree to be bound by the Company’s Terms of Use that are expressly incorporated into this Policy by this reference.

Disclaimers

This Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Elemental Wellness Center’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This Privacy Policy only applies to information collected through the Services. This Privacy Policy does not apply to any information we may collect from you in any place other than the Services.

By using Company’s Services, including its website, you agree to be bound by the Company’s Legal Disclaimers published on its website that are expressly incorporated into this Agreement by this reference. To access the Legal Disclaimers, visit the Website at elementalwellnesscenter.com, and then click on the Legal Disclaimers hyperlink.

No Use of the Services by Persons Under 21 Permitted

The Company intends only persons who are 21 years or older to use the Services. Any use of the Services by persons under the age of 21 is strictly prohibited.

Our Services, including our website, are intended for a mature audience. We do not direct any of our content at children. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a website user is under legal age, we will promptly delete any personal information in that user’s account. Do not supply to us or disclose on the Services any personal information of any person under legal age, as we do not intend to collect information from anyone under legal age or invite them to participate in the Services.

Cannabis Use in Society

Not everyone accepts cannabis use as permissible. For example, some employers may have anti-drug policies that disallow cannabis use.

 You acknowledge that by interacting with Elemental Wellness Center Services, providing your information to Elemental Wellness Center, allowing Elemental Wellness Center to collect data about you, permitting Elemental Wellness Center to send you communications, or using Elemental Wellness Center products could imply to employers, friends, family, or others that you are a cannabis product user, which could have unwanted social, legal, employment, economic, or other impacts that could affect you, including, but not limited to, your loss of employment, and that Elemental Wellness Center shall not be held liable for damages arising out of or connected with the foregoing because your use of the Services and Elemental Wellness Center products are solely at your own risk. 

Information Collection Practices

 When you visit our Services, we may collect information from or about you ("personal information"). 

What Basic Information Does Elemental Wellness Center Collect?

We may ask you for certain personal information in order for you to access the Services, or as part of your use of the Services. Such personal information may include, but is not limited to, your name, address, date of birth, age, gender, state of residence, e-mail address, telephone number, financial data (which may include your credit card or debit card number), and other information which identifies you. If you visit one of our retail locations or request product delivery, we may also collect personal information from your government identification card when you provide it to us, including your name, address, picture, driver license or other government identification card number, and any other information on your government identification card, as well as video, audio, and images that we capture from our security cameras inside and around our retail locations. If you choose to register on our website, or otherwise create a Member account, you may be required to provide certain personal information. If you do not provide the requested personal information, you may not be able to access or use the features of the Services where such personal information is requested.

Website Cookies

Elemental Wellness Center’s website uses cookies (small text files stored on your computer) to help remember your settings, preferences, and selections as you surf through the elementalwellnesscenter.com website with your web browser.

Elemental Wellness Center also makes use of third-party cookies provided by Google to help track your web surfing activity in order to improve the quality and flow of Elemental Wellness Center’s website.

For your privacy, Elemental Wellness Center and third-party cookies are designed to not store personally identifiable data. Elemental Wellness Center does not store personal information in cookies, nor transmit personal information to third parties via cookies.

You are free to direct your web browser to delete cookies at any time. To learn how, consult your web browser’s user instructions.  Note that if you delete your cookies, you may be required to sign into elementalwellnesscenter.com again, and stored browsing preferences you selected previously may be forgotten.

IP Address and Telemetry Data

When you visit us, our Internet servers automatically collect data about your Internet Protocol address (“IP Address”), which is the network address of your computer, phone, or other computing device. When you visit our website, we may also collect “click stream” or “telemetry” data, which is data about your web browser, and the web server and content you are trying to access. For example, our website may record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on our website; the website you visit after leaving our website; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on our website or a referral website; and other web usage activity and data logged by our web servers. This information can be combined with information you have provided to us by registering as a Member, for example, which will enable us to analyze and better customize your visits. We may use telemetry data for internal system administration, to help diagnose problems with our servers, for traffic analysis or e-commerce analysis of our website, to help secure our systems, to customize our Services for you, or to determine which features of our site are most or least effective or useful to you.

Use of Your Information

Personal Information

We may use your personal information for a variety of purposes, including to identify you; verify your age; process payments for you; identify your location; facilitate transactions and/or communications, including marketing communications and Services-related communications with you; register you for Elemental Wellness Center services, such as a website, mobile application, delivery, or rewards account; maintain current information about your Services usage and accounts; track your accumulation of redeemable rewards based on your product purchase history and Services usage; protect our users, ourselves, our Services, and our affiliates from fraud, theft, hacking, phishing and other unlawful activities; analyze website traffic; diagnose technical problems in our Services; comply with laws and Elemental Wellness Center’s policies; conduct website and activity tracking, including Services optimization and personalization; and, generate and study analytics related to your usage of our Services.

Identify Verification, Service Improvement, and Cannabis Limit Enforcement

Many jurisdictions require careful verification of identity before allowing you to purchase cannabis products. When you use our Services, your government-issued identification card will be physically examined and electronically scanned in order to verify your age and your identification’s validity. Once your data has been scanned, your name, address, identification number, photo, and other data may be retained by Elemental Wellness Center for the purpose of analyzing your use of our Services, enforcing cannabis purchasing limits as required by some jurisdictions, creating an electronic profile about you in order to make future verifications of your identity easier, and to help us customize Services and experiences for you. 

Your Image

Photographic and audiovisual recordings of you inside and around of Elemental Wellness Center retail stores and delivery vehicles will be used for the purpose of maintaining physical security, identifying you, and complying with laws that require video surveillance.

You acknowledge that audiovisual and photographic recordings of you may be stored by Elemental Wellness Center and accessed by Elemental Wellness Center employees, government agencies at Elemental Wellness Center’s sole discretion at any time, for any purpose, with or without a legal order or subpoena, and without notice or financial compensation to you.

Payment Services

You permit Elemental Wellness Center to collect and use your debit, credit card, or other financial data you provide (“Payment Data”) in order to facilitate payments for Elemental Wellness Center Services and products at your request. In order to facilitate payments, your Payment Data may be transmitted to, stored at, and used by third parties for the purposes of processing your payment, analyzing your Payment Data for signs of fraud or criminal activity, and other functions required of third-party payment processors. While Elemental Wellness Center strives to only hire reliable third parties, you agree that Elemental Wellness Center cannot be held liable for how your Payment Data is used or retained or protected while it is in transit to, stored at, or used by third parties that process payments for you.

If you ask us to delete your data, note that Elemental Wellness Center cannot delete data stored at third party payment processors that must retain Payment Data in order to meet their own compliance requirements.

Website Cookies

We may use web cookies in order to maintain your web browser’s website session, track your use of our website, and to store your preferences and selections. Third-party cookies from Google are also used to track your website usage, and to generate website usage analytics.

Location-Based Services

We collect your IP Address, location data advertised by web browsers and mobile devices, your physical address if you provide it to us, and similar location data to identify your location in order to provide location-based services, such as showing you Services or products available in your area, customizing in-store experiences, delivering products to you at your request, and analyzing your use of our Services. You understand that some of our Services require knowing your location in order to function properly, so if you disable location features of your computer, phone, or browser, some of our Services may become unavailable to you.

 

Information Sharing

Disclosure of Personal Information 

We may release your information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state or federal laws or respond to a court order, subpoena, law enforcement or regulatory request, or search warrant. We reserve the right to collect and share any information: (i) in order to investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) as appropriate or necessary to enforce our Terms of Use or investigate potential or actual violations of the Terms of Use or Privacy Policy; (iii) take precautions against liability; (iv) to protect the security or integrity of our Services; (v) to exercise or protect our rights and property, the Services, or the rights and personal safety of Company affiliates, Users or others; or (vi) for other legitimate purposes.

Usage Information

We may analyze visits to our website and learn about the interests of our visitors in the aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and Services and deliver to you the type of content, features and promotions that you are most interested in.

Disclosures in the Context of a Sale, Merger, Acquisition, Bankruptcy or Reorganization 

In order to accommodate changes in our business, we may assign, transfer, or sell the information we collect to a third party in the event our Company is acquired or merged with a third party entity, or due to our bankruptcy or reorganization. In addition, we reserve the right to assign, transfer, or sell any information we have about you to any companies that we may acquire or purchase. If Company or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer. Should such a sale or transfer occur, we will use reasonable efforts to direct the acquirer to use the information you have provided consistent with this Privacy Policy.

Do Not Track

California’s “Do Not Track” Notice: “Do Not Track” (“DNT”) is a preference you can set in your web browser to let the websites you visit know that you do not want them collecting information about you. Elemental Wellness Center’s website does not currently respond to “Do Not Track” settings. For further details regarding DNT, visit http://donottrack.us.

Information Security

Elemental Wellness Center’s Services have reasonable security measures in place designed to prevent accidental loss of your personal information and from unauthorized access, use alteration, or disclosure of the information that we obtain from you. Such measures include, but are not limited to, access controls, monitoring, and the utilization of encryption to securely transmit sensitive information. Please keep in mind, however, that whenever you give out personal information online or at any store, there is a risk that third parties may intercept and use that information.

Elemental Wellness Center strives to protect your personal information and privacy, but we cannot guarantee the security of any information you disclose. By using the Services, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Services and that any personal information, general information, or other data or information received from you to us is provided to us at your own risk, which you expressly assume.

Third Party Websites

Our website may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

Rights to Opt-In / Opt-out

You have the right to “opt in” and/or “opt out” of certain uses of your personal information. For example, you may have the opportunity to elect whether you would like to receive correspondence from us for marketing purposes.

To make an opt out request, send your request via email to [email protected].  If you receive a marketing email from us, you can also opt out of some features by clicking the “opt out” or “unsubscribe” link in the email.

Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions, and communications with us.

Rights to Access and Control Your Information and Your Choices

Depending on your jurisdiction, you may have choices about how your data is collected, used, and shared. You may be able to:

·  Ask us to erase or delete some of your personal information in our possession (e.g., if it is no longer necessary for security, anti-fraud, compliance, or other obligations outlined in this Policy).

·  Edit some of your personal information through your account on our website. You can also ask us to change, update, or fix your Services-related data in certain cases, particularly if it’s inaccurate.

·  Ask us to stop using your personal information (e.g., if the Company has no legal right to keep using it) or to limit our use of it (e.g., if your data is inaccurate or unlawfully held).

·  Ask us for a copy of your personal information

You can contact us by sending an email to [email protected] and we will consider your requests in accordance with applicable laws. In some cases, we may not be able to fulfill your request if it violates applicable laws or Elemental Wellness Center’s policies. To protect your privacy and security, we take reasonable steps (such as checking your state-issued government I.D. card) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your password and account information at all times.

Note that opting out, or asking that your data be deleted, may disable your access to some or all Services, and result in the loss of any Elemental Wellness Center rewards points you may have accrued.

Retention Period

The Company has a variety of obligations to retain the data that you provide to us, both to ensure that transactions can be appropriately processed, and also to comply with laws applicable to us and to our banking providers and credit card processors. Accordingly, even if you close your account, we will retain certain information as necessary to meet our legal obligations and fulfill the purposes outlined in this Privacy Policy.

We retain your personal information even after you have closed your Member Account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms of Use, or fulfill your request to “unsubscribe” from us. We will also retain de-personalized information after your account has been closed.

 

Privacy Rights for California Residents

California “Shine the Light” law

California Civil Code Section 1798.83, also known as California’s “Shine the Light” law, allows individual California resident customers who have provided their personal information to us in obtaining products or services for personal, family or household use to request information about our disclosure of certain categories of personal information to third parties for their direct marketing purposes.

Elemental Wellness Center does not share any member information to any third-parties.

California Consumer Privacy Act (CCPA) Disclosures

The California Consumer Privacy Act of 2018 (“CCPA”) requires us to provide additional privacy-related information to residents of California.

The section entitled “Information Collection Practices” above lists the categories of personal information we have collected about California residents in the preceding 12 months. These categories of personal information correspond with the following categories of personal information provided under the CCPA:

·      Identifiers including name, address, date of birth, age, gender, state of residence, e-mail address, telephone number, driver license or other government identification card information, Member account information, and IP address;

·      Commercial information including financial data (which may include your credit card or debit card number), and other information required to purchase our products and Services;

·      Internet or other electronic network activity information, including click stream or telemetry data or location data about your devices, browsers, and online behavior;

·      Other personal information, including content you submit; audiovisual footage and images that we capture from our security cameras inside and around our retail locations; information about products or services purchased, obtained, or considered; and, other purchasing or consuming histories or tendencies, and inferences drawn from any of the information identified above reflecting your preferences and characteristics. Consistent with the section entitled “Information Collection Practices” above, personal information is provided directly by you (or by the devices you use) when you use our Services. The section entitled “Use of Your Information” above lists the business and commercial purposes for which we collect California residents’ personal information. As described above in the section entitled “Information Sharing,” we also share and/or disclose your personal information as follows:

·      Sharing your personal information for business purposes.  We may share the following categories of your personal information with subsidiaries, affiliated companies, subcontractors, service providers, third parties, public or government (including enforcement) authorities, creditors, and successors for our business purposes: government-issued identification card content; cannabis purchase histories; website preferences; debit or credit card details; and, contact information such as name, phone number, and email address.  As described above, examples of business purposes include sending marketing messages to you, executing payment transactions, delivering products to you, registering your accounts, analyzing your purchasing histories, and maintaining and enhancing our Services.

·      Sharing your personal information for commercial or other purposes. We may share the following categories of your personal information with third parties, subsidiaries, and affiliated companies in a manner that constitutes a “sale” under California law: government-issued identification card content; cannabis purchase histories; website preferences; debit or credit card details; and, contact information such as name, phone number, and email address.  This information may be shared for the purposes of sending marketing messages, executing payment transactions, registering accounts, analyzing purchasing histories, executing product deliveries to you, and maintaining and enhancing our Services.  Note that for the purposes of this paragraph, “sale” refers to any exchange of value, however, while an affiliate may gain value (in the form of knowledge) from analyzing the purchasing habits of customers (therefore constituting a “sale” under California law), Elemental Wellness Center does not sell your personal information to others for money.

California Residents’ Privacy Rights

Subject to certain exceptions and qualifications, as a California resident you have the right to: (i) request access to your personal information; (ii) request deletion of your personal information; (iii) request information about the personal information about you that we have “sold” (as such term is defined under California law) to third parties within the past 12 months; and (iv) opt-out of the “sale” of your personal information, as detailed above.  

·       Exercising other California consumer rights. Should you wish to request the exercise of your other rights as detailed above with regard to your personal information, and to the extent allowed by applicable law, please contact us as outlined in the “Contact Us” section below. Note that we may need to take certain steps before executing any rights, including verifying your identity. Please indicate in your request that you are a California resident making a “California privacy rights” inquiry.

Notice of Financial Incentives

Elemental Wellness Center offers a rewards program that provides discounts when customers accrue points by purchasing Elemental Wellness Center products.

Access Notice in Alternative Formats

Individuals who need assistance accessing this Policy in an alternative format can do so by contacting Elemental Wellness Center as described in the Contact Us section below.

Governing Law

You agree that all claims arising out of or relating to this Policy or any related Elemental Wellness Center products or Services will be governed by California law, excluding California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. 

Severability

If any part of this Policy is found by a court to be invalid, illegal, or unenforceable, the rest of the Policy will remain in effect.

Contact Us

If you would like to make a privacy-related request, please email your request to [email protected], or contact us via phone or regular U.S. mail at:

 

Elemental Wellness Center
Attn: Website Administrator
985 Timothy Drive
San Jose, California 95133
Email: [email protected]

Last Updated: December 31, 2019