2. General Privacy Information
The Website and Service are designed and targeted to United States (“U.S.”) audiences and users in states and jurisdictions where the sale, possession and use of marijuana is lawful for medical or recreational purposes, and is governed by and operated in accordance with the laws of such states and jurisdictions, and U.S. law. Lifted Labs makes no representation that the Service or Website are operated in accordance with the laws or regulations of, or are governed by, states and jurisdictions in which the sale, possession or use of marijuana for medical or recreational purposes is not lawful (“Prohibited Jurisdictions”), or other nations. If you are located in the European Union or elsewhere outside of the U.S., or in a Prohibited Jurisdiction, and you use the Website or Service, you do so at your own risk and initiative and you are responsible for compliance with all of the laws and regulations that apply to you. Please be aware that any Personal Information you provide to Lifted Labs or which Lifted Labs obtains as a result of your use of the Website or Service, may be transferred to the U.S and subject to U.S. law. By using the Website or Service and/or providing Lifted Labs with your Personal Information, you consent to the transfer and processing of Personal Information to the U.S. and in other countries that may not have an equivalent level of protection or a level of data protection considered adequate in the European Union or European Economic Area. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any country or jurisdiction outside the U.S.
Lifted Labs is not intended for use by users under the age of 21, and no one under age 21 is allowed to use the Website or Service, or provide any Personal Information to Lifted Labs.
3. Collection and Use of Personal Information
Lifted Labs collects Personal Information about you when you use the Website or Service and when you input information or provide a review or comment in community discussions, participate in promotions, purchase products or services or otherwise in the course of any other exchanges of information, transactions and activities involving you and the Website or Service. Lifted Labs may use the information Lifted Labs obtains from you, including Personal Information, to tailor your experience with the Website and/or Service, to display Content Lifted Labs thinks may be of interest to you, or to let Lifted Labs customize what you see when you use the Website and Service according to your preferences.
Lifted Labs may integrate the Website and Service with third party products and services that you may decide to use, but only at your sole risk. In such cases, Lifted Labs may share some of your Personal Information with the third parties providers of products or services, which may enable them to market directly to you, provided you opt-in to such use when you provide Personal Information on or through the Website or Service, or, if applicable, do not opt-out from such use. Lifted Labs does not warranty or guaranty such integrations or third party products and services, and is not responsible for, and shall have no liability, directly or indirectly, arising out of your use of any such integrations or the third party products and services obtained thereby.
It is your responsibility to give Lifted Labs current, complete, truthful and accurate information and to keep the Personal Information that you provide to Lifted Labs up to date. Lifted Labs is not responsible for any problems or liability that may arise if you do not give Lifted Labs complete, truthful and accurate information or you fail to update the information you give Lifted Labs.
You are solely responsible for maintaining the strict confidentiality of your login information, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for your activity, behavior, use and conduct on the Website and in connection with the Service and for any use of the Website or Service or any other activity or conduct in connection with the Website or Service by any others who use your User name and password, unless and until you notify Lifted Labs that your User name and/or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to Lifted Labs, it does not guarantee that Lifted Labs will permit you to use any or all of the functions or features of the Website or Service.
When you register with the Website or Service, you may be required to provide Lifted Labs with your full legal name and valid e-mail address, and may also be required to provide certain additional Personal Information, including certain credit card and billing information and banking, account and related financial information used in connection with Payment Processing Services if you elect to subscribe to the Service, utilize certain functions and features of the Service or, in certain instances, make a purchase of products or services offered on or through the Website or Service. Lifted Labs will allow you to change the password associated with your User name, as well as certain other Personal Information you have given Lifted Labs in order to keep your Personal Information current. Among other things, this kind of information helps Lifted Labs securely identify you as a Customer or an authorized User of the Website and Service and the functions and features thereof which you have registered or are otherwise authorized to use. As a Customer or registered User of the Website and/or Service, from time to time, Lifted Labs may also provide you with certain options to opt-in, opt-out or subscribe to e-mail newsletters, SMS text messaging and other periodic information.
We collect your phone number specifically for the purpose of communicating with you via SMS text messaging. We do not share or sell your phone number with any third party.
5. Credit Card AND OTHER PAYMENT PROCESSING Information
Lifted Labs may ask you to provide your credit card and billing information and banking, account and related financial information (all of which constitutes Personal Information), in electronic or other formats (including fillable online forms), when subscribing to the Service, purchasing a function or feature thereof, or purchasing any other product or service offered by the Website or Service using a Payment Instrument (as defined below), some of which may involve recurrent periodic charges, such as in the case of the purchase of subscription services, which are typically billed and charged in advance in monthly or annual intervals. Before providing a product or service to you, including, without limitation, the Service, Lifted Labs is not responsible to verify that the credit card, debit card or other Payment Instrument and any related Personal Information which you have provided is current and valid. All such Payment Instrument information is used for Payment Processing Services only (and it not used for direct marketing purposes) and is shared with third parties only as necessary to effect such Payment Processing Services. All credit card, debit card and other Payment Instrument information is handled over secure, encrypted connections provided it is submitted by you through the normal registration process. Lifted Labs does not, however, represent or guarantee that unauthorized access will never occur.
For purposes herein, (A) “Payment Processing Services” means (i) all services necessary to authorize, data capture, process, settle and reconcile transactions for your purchase of products and services (“Transactions”) using Payment Instruments, (ii) all services necessary to authorize, data capture and process (and, when permitted by the applicable Payment Brand (defined below), settle and reconcile) Transactions with you using Payment Instruments, (iii) check guarantee and electronic check acceptance services, (iv) other related products and services, including point of sale terminal equipment and other electronic payments at the point of sale; and (v) unless the context requires otherwise, such term includes related Transaction services, chargeback and retrieval processing, point of sale hardware deployment and service, interchange settlement and risk management (including new application approval); (B) “Payment Instrument” means a payment card, an account, or evidence of an account, authorized and established between you and a Payment Brand and accepted by Lifted Labs as payment for the Service, function or features thereof, or other products or services, and includes, without limitation, credit and debit cards, stored value cards, electronic gift cards, authorized account or access numbers, paper certificates and credit accounts; and (C) “Payment Brand” means Visa, MasterCard and any other association, payment brand, Payment Instrument issuer, debit network or payment methodology or system having proprietary rights to and clearing and oversight responsibilities with respect to any Payment Instrument used to effect payment-related transactions for which any Payment Processing Services are provided by Lifted Labs in connection with Transactions.
6. promotions and offers
From time to time, Lifted Labs or its Customers may provide promotions and offers (“Promotions”) through the Website and Service. Registration may be required to participate in such Promotions. The Promotions may have a separate registration or participation process and may require your submission of Personal Information. The Promotions may have an entry page and/or rules that will provide you with the specific requirements for the Promotion involved. You may also have the opportunity to opt-in to or opt-out of special Promotions from the Website or Service.
Lifted Labs and third party providers of products and services may contact Customers, Users or others that have registered for or participated in various Promotions, transactions or events, or send offers to you for the purchase of products and/or services that may be of interest to you. If you do not want to receive such e-mails, you may use the opt-out mechanism that is contained in the e-mails Lifted Labs sends you. However, Lifted Labs may nevertheless continue to contact you via e-mail for administrative or informational purposes, including follow-up messages regarding the Service, your account, requests or inquiries, any functions or features of the Service or other products or services that you have ordered, or other transactions that you have undertaken with the Website or Service.
7. Polls & Surveys
Lifted Labs may from time to time request that you participate in polls and/or surveys. The information you provide to Lifted Labs if you participate in such polls or surveys is provided voluntarily by you. If you participate in polls or surveys, you do so with the understanding that Lifted Labs reserves the right to store the information you provide and to use such information for the general improvement of the Website and Service.
8. Use of Communities
Lifted Labs may provide community discussions pages and/or similar functions and features on or through the Website or Service (e.g. discussion boards, blogs, product or service reviews). Please remember that any information disclosed in these venues is automatically made public and may appear on other websites or web searches. You should exercise caution when disclosing any Personal Information in such communities, as you do not know who will access and use your Personal Information or for what purposes. Lifted Labs will be in no way responsible for the accuracy, use, or misuse of any information that you disclose or receive through these venues, if any, and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization. Additionally, to the extent that the Website or Service allows you to send information to others, Lifted Labs may, but is not obligated to, monitor such messages via electronic software or personnel to check for obscenity, defamation or other types of abusive language, as well as for content that may infringe Lifted Labs’ rights or the rights of others or otherwise violate the Terms of Service, all of which we may remove at any time. Lifted Labs will not otherwise access these messages except in certain cases, including but not limited to times when we receive specific complaints related to a particular message or are compelled to do so by law, and except as otherwise provided in the Terms of Service. Also, for administrative purposes, Lifted Labs may opt to keep a log that will include a record of which Customers and Users sent messages and to which Customers, Users, email addresses or other destination they were sent.
9. Sharing of Aggregate Information with Third Parties
10. Disclosure to Third Parties
11. Operational Service Providers
Lifted Labs retains the right to disclose your Personal Information to Lifted Labs’ licensors and other third parties for the purpose of administering and maintaining the Website and the Service, and the functions, features and operations thereof. Lifted Labs will refer to these licensors and third parties as “Operational Service Providers” and Lifted Labs uses Operational Service Providers to efficiently provide the full range of the Service and its Content and the services, functions and features we bring you, and we request that our Operational Service Providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with the Website or Service. Additionally, such Operational Service Providers are not permitted to use your Personal Information for their own marketing or promotional purposes if the disclosure of your Personal Information is made only for the limited purpose of administering and maintaining the Website or Service or the functions, features and operations thereof.
12. Other Non-Affiliated Third Parties
Lifted Labs will make your Personal Information available to non-affiliated third parties in the following limited circumstances:
A) When Lifted Labs is compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
C) If, in its sole discretion, Lifted Labs believes such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect Lifted Labs’ business and assets, to defend Lifted Labs’ interests and/or to comply with our legal and regulatory obligations;
D) Or, in the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving Lifted Labs.
13. Security AND Protection of Personal Information and customer data
Lifted Labs maintains reasonable standards of security and confidentiality. It is important to note, however, that for most Internet sites, including the Website and the Service, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. Lifted Labs limits access to the Website and Service by our own employees to those individuals who are authorized for the proper handling of Personal Information, Customer Data and other information transmitted in connection therewith, and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. Lifted Labs also requests that our service providers follow the same policy.
Except as provided in the Terms of Service, or as may be required by law, Lifted Labs does not pre-screen Customer Data (as defined in the Terms of Service), and does not review, share, distribute, print, or reference any such Customer Data. Customer Data and other individual records of a person using the Website or Service may at times be viewed or accessed by Lifted Labs, but only for the purpose of resolving a problem, support issue, or suspected violation of the Terms of Service, or as may be required by law.
14. ReviewING, UpdatING or DELETING Your Personal Information
Generally, you may review, update or delete your Personal Information contained in your profile which may be accessed through your account settings once you have registered with Lifted Labs through the Website or Service. You also can, and should, correct factual inaccuracies through these same account settings. While Personal Information that is necessary to check eligibility cannot be deleted, it can be modified with sufficient verification of the correct information. Deletion or attempted deletion of certain Personal Information, such as your Customer or User name, may not be permitted and/or may result in suspension or termination of any registration you may have made. To review, update or delete your Personal Information collected by the Website or Service, please go to your profile page, which may be accessed through your account settings via the Website or Service. Each person who registers through the Website or Service will receive an e-mail or text message to allow their registration. Parents (including legal guardians) of minors that become registered through the Website or Service in violation of the Terms of Service who wish to terminate the minor’s registration must send us an e-mail at firstname.lastname@example.org and provide us with the minor’s User ID or alternatively, a parent must provide verifiable identification that they are the parent of the minor. Lifted Labs will then provide the parent with further details concerning Lifted Labs’ policy on terminating registrations by minors. Except as herein provided, Lifted Labs will not allow direct access to a User’s registration and Personal Information by any person without the User’s User name and password.
16. Log File Information
When you use the Website or Service, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
17. WEB BEACONS
When you use the Website or Service, we may employ “clear GIFs” (a.k.a. “Web Beacons”) which are used to track the online usage patterns of our Customers and Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our Customers and Users to track which emails are opened by recipients.
Although Lifted Labs may track the numbers of visitors to inform Lifted Labs concerning how best to improve and update the Website and Service and enhance the experience for all visitors, Personal Information is not extracted in this process. Lifted Labs uses tracking information on an aggregated basis to help Lifted Labs operate the Website and Service, enhance and improve them, and to display advertising and marketing information.
18. Advertisements; Links
19. Reservation of Rights
Lifted Labs reserves the right to deny access, use and registration privileges to any person, including, without limitation, a Customer or User of the Website or Service, if Lifted Labs believes there is a question about the identity of the person trying to access and use the Website or Service. If the burden or expense of providing access, use or registration to a person is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide such access, use or registration. In such cases, Lifted Labs will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.
20. OPT-OUT POLICY
Lifted Labs Privacy and Security Policy – Effective Date: May 1, 2017