CREAM OF THE CROP PRIVACY POLICY
Last Updated: August 8, 2023
Talarya Brands LLC and its affiliates and subsidiaries, doing business as “Cream of the Crop” (collectively, “Cream of the Crop”, “us”, “our”, and “we”) are committed to respecting the privacy rights of our customers, visitors, drivers, and other users of the website, https://www.creamofthecropgardens.com/ (the “Site”), and any desktop, mobile, or other computer software application(s) provided by or through Cream of the Crop (collectively, with the Site, the “Platform”). We created this Privacy Policy (“Policy”) to describe how we collect, use and share Personal Information (defined below) of users of the Platform, including any other websites that leverage the Platform and post a link to this Policy (each, a “Partner Site”). This Policy does not apply to websites that post different statements and we are not responsible for the privacy practices or the content of other websites, even if we link to them through the Platform.
Before using the Platform or otherwise providing us with Personal Information, please carefully review this Policy, as well as our Terms of Use (see https://www.creamofthecropgardens.com/terms-of-use) (the “Terms”). By using the Platform, you affirmatively consent to this Policy and the Terms, and our collection, use, and sharing of your data and information as described herein. If you do not agree with any of the practices described in this Policy or the Terms, do not use the Platform. Any capitalized term not defined in this Policy is defined in the Terms.
WHAT WE COLLECT. We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to you (“Personal Information”) in a range of different ways:
Information You Provide. When you access our Platform, create an account with us through the Platform or on a Partner Site (“Account”), contact us, engage in surveys, submit orders, or choose to act as a delivery driver with us, we may collect certain information from you which you provide to us through the registration process and your use of the Platform, including without limitation:
Information that can identify you personally, including your name, postal address, email address, phone number, fax number, date of birth, billing and delivery address, online identifier, Internet Protocol address, unique device identifiers, signature, your Account username and password, copy of government-issued identification (such as a driver’s license, passport, state ID, resident card, etc.), auto insurance policy number, Department of Motor Vehicle driver records, chat and correspondence, marketing preferences, and payment information (e.g., credit or debit card information) relating to any transactions that we process or facilitate (“Identification Information”). In some cases, payments for cannabis related products and services may be made to third-party, licensed cannabis dispensaries and not to us; otherwise, however, payments will be made to us. Customers between the ages of 18 – 20 must provide a Medical Recommendation from the state of California. We store only a limited quantity of payment information and do not store complete payment information on our own servers;
Your browsing history and information regarding your interaction with our Platform or an advertisement (“Internet or other Electronic Network Activity Information”). See the Information Automatically Collected and Cookies sections below for more information;
Your professional or employment-related information (“Occupation Information”);
Certain protected characteristics such as your gender, age, any physical or mental disability or condition (“Protected Information”);
Your spending patterns, preferences, tendencies, and history (“Commercial Information”);
Geolocation Information;
A photo of you for security and safety purposes and any call recordings; (“Audio/Visual Information”);
Survey or contest information you provide (“Survey Information”); and
Inferences drawn from any information to create a profile about an individual reflecting the individual’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes (“Profile Information”). See the Information Automatically Collected and Cookies sections below for more information.
Information We Get From Others. We may also get Identification Information or other information about you from other sources; for example, we may collect such information about you through any third-party providers, services, or tools to the extent that your use of their services led to or relate to your use of the Platform. If you communicate, enter into transactions for goods and services, receive deliveries from, or participate in certain promotional offers with third parties (e.g., Third-Party Integration & Ads as defined in the Terms) such communications, transactions, and/or participation may be serviced or fulfilled by one of our licensed third-party partners. We may collect information about you from licensed third-party partners and from our delivery drivers, based on your interactions with them, of a similar type and treated in the same manner as the information we collect from you directly through the Platform. We may add this to information we get from the Site and/or Platform.
Information Automatically Collected. We automatically log information about you and your computer or mobile phone. For example, when visiting our Site and/or Platform, we may log your operating system type, browser type, browser language, device id, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on the Site and/or Platform. We also automatically log information when you communicate with us directly, such as by telephone, email, or live chat, in order to ensure that you have a satisfying customer experience.
Cookies. We use cookies to operate and administer the Platform, gather usage data on the Platform, improve your experience on it, or provide targeted advertising. A “cookie” is a piece of information sent to your browser by a website you visit and can follow your activity on a website, and over-time and across different websites. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.
On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
Internet Explorer
Mozilla Firefox
Google Chrome
Apple Safari
Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Platform and you may not be able to benefit from the full functionality of the Platform.
Advertising networks may use cookies to collect Personal Information. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there.
If you access the Platform on your mobile device, you may not be able to control tracking technologies through the settings.
Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Platform and enhance your experience when you use the Platform. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/. You can opt-out of Google Analytics' collection and use of data generated by your use of the Platform by going to http://tools.google.com/dlpage/gaoptout.
Online Tracking and Do Not Track Signals. We and our service providers, including Facebook, may use cookies, pixels, or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Platform and use that information to send targeted advertisements. Our Platform currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Policy whether or not a DNT signal is received.
Geolocation. We and our service providers may collect geolocation information from your mobile device automatically if you act as a delivery driver, or if you permit such access as a recipient, in order to facilitate accurate delivery times and locations, as well as confirm the delivery area is permitted by applicable law. Geolocation information is available and collected while the Cream of the Crop Platform is in use. Drivers should ensure location settings are set to “Always Allow” while on shift.
Minor Information. Cream of the Crop is committed to protecting the online privacy of children. We do not knowingly collect personal information from children under age 18, and we do not permit children under age 18 to create an Account. We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience at all times. If you have questions or concerns about the internet and privacy for your child, we encourage you to check out http://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.
USE OF PERSONAL INFORMATION. We use your Personal Information as follows:
To create and maintain your Account, including your shopping cart;
To provide and deliver products and services customers request or purchase on the Site, through the Platform, or on Partner Sites;
To complete identity verification, process your transactions, ensure compliance with appropriate city, county, and state laws, and verify that you are of the minimum legal age to use the Platform;
To restrict access to the Platform (for legal or compliance reasons) and to facilitate and improve your use of the Platform;
To verify your eligibility to act as a delivery driver;
To operate, maintain, and improve our sites, products, and services;
To process and deliver contest entries and rewards;
To respond to comments and questions and provide customer service;
To request feedback and driver ratings;
To send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
To communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners;
To provide you with tailored marketing;
To link or combine user information with other Personal Information in order to provide targeted advertisements, promotions, and products based on the user’s purchase history, products viewed, location, average cart size, and number of items purchased;
To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity and to ensure compliance with relevant state and local laws;
To facilitate your legal procurement of cannabis and cannabis products;
To maintain appropriate records according to their ordinary business practices and city, county or state laws;
To facilitate deliveries by licensed retailers and drivers, for example, to determine your location and to verify your identity using a government-issued identification (if required); and
To comply with applicable laws.
Aggregated Information. We may aggregate Personal Information and use the aggregated information, which is not Personal Information, to analyze the effectiveness of our Platform, to improve and add features to our Platform, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Platform and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Platform, through cookies, and through other means described in this Policy.
SHARING OF PERSONAL INFORMATION. We may share Personal Information without further notice to you as follows:
Parent Company and Affiliates: We may share Personal Information with our Parent Company and/or affiliate companies.
Vendors and Service Providers: We may share Personal Information with those who need it to do work for us, such as third-party tools, consultants, shipping processors, and technical services necessary for our business operations, including without limitation legal compliance, marketing, advertising, communications, shipping, payment processing, estimate delivery times and locations, analysis of statistics, server hosting, management of databases, customer support, etc. In some instances, service providers will be directly responsible to you for their use of your Personal Information. They may be obliged by law to provide you with additional information regarding the Personal Information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites.
Our Partners: When you make a purchase through a Partner Site, we will share Personal Information with the company whose branding appears on the Partner Site (each, a “Partner”). Subject to our agreement with the Partner, the Partner may use the Personal Information received with respect to its Partner Site for the Partner’s own marketing, referral, or promotional uses in accordance with the Partner’s privacy policy.
Advertising Networks: We may share the cookie information you provide from your use of the Platform, with our advertising network providers such as Google AdSense and Facebook Ads.
Advisers and financial institutions, including, legal, tax, auditors, risk and compliance, notaries, and business continuity support services.
Third Parties in Business Transactions: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
Government Bodies: We may share Personal Information if required to do so by law or in the good faith believe that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements; (ii) protect and defend the rights and property of Cream of the Crop, our agents, customers, and others, including by enforcing our agreements, policies, and Terms; (iii) prevent fraud; (iv) act in urgent circumstances to protect the safety of our employees and agents, our customers, or any person; or (v) protect against legal liability.
We may also share aggregated and/or anonymized information, which is not Personal Information, with others for their own uses.
INFORMATION CHOICES AND CHANGES. Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your Account and our business dealings with you.
If you provide your telephone number, you acknowledge and agree that we and/or our Partners may contact you, including but not limited to for promotional, informational and other purposes, using SMS text messages, cellular or telephone calls, and push notifications (if applicable) even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company, and that such messages and calls may be sent using automatic dialing systems or artificial or prerecorded voice messages, as detailed in the Terms. You are not required to consent to receive SMS text messages or phone calls as a condition of using the Platform. If you would like to opt out of text messages or calls, you may text “STOP” from the device receiving such communications to the source number. If you would like to opt out of all communications from us, please contact our customer support team via the contact information provided below.
You may send requests about your Personal Information to our Contact Information below. You may be able to change contact choices, opt-out of our sharing with others, update, or delete your Personal Information. For information about the rights of California residents, please see the following “Additional Information for California Residents” section.
SAFEGUARDING YOUR INFORMATION
We maintain reasonable technical and organizational measures to protect Personal Information from loss, misuse, alteration, or unintentional destruction. Your Personal Information is only accessible, on a need-to-know basis, by a limited number of employees who have special permissions. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your information as it is transmitted to us.
You play an important role in keeping your information secure. You should not share your username or password for your Account with anyone. If you have reason to believe that your Account is no longer secure, please contact us immediately as detailed below.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, we may choose various third-party websites (e.g., vendors, partners) to link to within our Site and/or Platform. We have no control over these linked sites, each of which has separate privacy and data collection practices independent from us. As such, we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites.
ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS. In accordance with the California Consumer Privacy Act (“CCPA”), this section is intended to inform California residents of (1) the Personal Information that we collect and to whom we disclose that information, and (2) the privacy rights California residents may have relating to their Personal Information and how those rights can be exercised.
Personal Information Collection and Disclosure. The following disclosures are intended to provide additional information about (1) the categories of Personal Information we collect, and (2) to whom we disclose that Personal Information. Nothing in this section limits our ability to use or disclose information as described elsewhere in this Privacy Policy.
Categories of Personal Information Collected: In the past 12 months, we have collected the following categories of Personal Information, as described in greater detail in the “What We Collect” section above:
Identification Information;
Internet or other Electronic Network Activity Information;
Occupation Information;
Protected Information;
Commercial Information;
Geolocation Information;
Visual Information;
Survey Information; and
Profile Information.
Sources of Personal Information: We collect the above categories of Personal Information from you (when you communicate with us or use the Platform or a Partner Site), our analytics providers, vendors, service providers, delivery drivers, third parties, and as otherwise described in the “What We Collect” section above.
Purposes of Collection and Disclosure: We collect and disclose the above categories of Personal Information for the business and commercial purposes described in the “What We Collect,” “Use of Personal Information” and “Sharing of Personal Information” sections above.
Sharing Personal Information. We may share such Personal Information with the third-parties listed in the above section entitled, “Sharing of Personal Information.” Below, we have provided more detail regarding the two ways in which we share your personal information: (i) “sales” of information and (ii) general disclosures of information for a business purpose.
Categories of Personal Information Disclosed for a Business Purpose: We disclose for a business purpose all of the above categories of Personal Information to service providers, partners, and as otherwise described in the “Sharing of Personal Information” section above. These third parties cannot further collect, sell, or use the Personal Information we share with them except as necessary to perform our purposes, as instructed by us.
In the past 12 months, we may have disclosed the following categories of Personal Information to the following third parties for our operational business purposes:
Identification Information
Parent and Affiliates
Vendors and Service Providers
Our Partners
Advertising Networks
Advisers and financial institutions
Internet or other Electronic Network Activity Information;
Vendors and Service Providers
Advertising Networks
Our Partners
Occupation Information
Parent and Affiliates
Vendors and Service Providers
Our Partners
Protected Information
Parent and Affiliates
Vendors and Service Providers
Our Partners
Commercial Information
Parent and Affiliates
Vendors and Service Providers
Our Partners
Geolocation Information
Parent and Affiliates
Vendors and Service Providers
Our Partners
Visual Information
Vendors and Service Providers
Our Partners
Survey Information
Vendors and Service Providers
Our Partners
Profile Information
Parent and Affiliates
Vendors and Service Providers
Our Partners
Categories of Personal Information Sold: Cream of the Crop does not make your Personal Information available for purchase or otherwise share your information in exchange for monetary compensation. We may, however, share certain categories of Personal Information with third parties in common business arrangements that may be considered a “sale” under the CCPA’s broad definition. For example, if you visit our Site or Platform, we may share your Identification Information and Profile Information with advertising partners and social media platforms to match and serve our targeted advertisements on third-party websites. (You can find additional information about how you can control cookies here.) See below for information about how to opt out of the sharing of your Personal Information for these and other purposes.
In the past 12 months, we may have “sold,” as defined by California law, the following categories of Personal Information to the following third parties:
Identification Information
Advertising networks
Internet or other Electronic Network Activity Information
Advertising networks
Geolocation
Advertising networks
Profile Information
Advertising networks
We do not sell, or have actual knowledge of any sale of, the Personal Information of minors under 16 years of age.
California Privacy Rights. To the extent provided for by the CCPA and subject to applicable exceptions and exclusions, California residents have the following privacy rights:
The right to know the categories of Personal Information we have collected and the categories of sources form which we have collected the information;
The right to know the business purposes for collecting, using, or selling Personal Information;
The right to know the categories of third-parties with whom we have shared Personal Information;
The right to access the specific pieces of Personal Information we have collected, used, disclosed, and/or sold;
The right to opt-out of the sale of your Personal Information;
The right to delete/anonymize your information, with limited exceptions; and
California residents also have the right to not be discriminated against if they choose to exercise their privacy rights.
Additionally, under California Civil Code Section 1798.83, California residents may have the right to request the categories of Personal Information we disclosed to third parties for their direct marketing purposes in the year preceding the request, the names and addresses of such third parties, and, in certain circumstances, examples of the products or services marketed by such third parties.
Exercising Your Rights: You have a right to notice, upon collection, of the categories of personal information collected and for which purposes the data will be used. You have the right to access a copy of the categories and specific pieces of personal information that the company collects, uses, and shares about you, and the right to ask the company to delete/anonymize your personal information, with limited exceptions. You also have the right to opt-out of the “sale” of your personal information. Finally, you have the right to be free from discrimination for exercising your rights.
You may exercise your right to opt-out of data “sales” by managing your preferences.
If you wish to exercise any of these other rights or have any questions or concerns regarding the processing of your personal information, please email us at myprivacy@cotcgardens.com. We will respond to your request consistent with applicable law.
Verification: In order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your credentials before you can submit a request to know or delete Personal Information. If you do not have an Account with us, or if we suspect fraudulent or malicious activity on your Account, we may ask you to provide additional appropriate Personal Information that we already possess about you on file for verification. If it is not reasonably possible to identify you adequately, we may not be able to respond to your request.
Authorized Agents: You may submit a request to know or a request to delete your Personal Information through an authorized agent. If you do so, you will need to directly confirm with us that you provided the authorized agent permission to submit the request, provide us with signed permission for the authorized agent to act on your behalf, and you will need to verify your identity, directly with Cream of the Crop.
CONTACT INFORMATION. We welcome your comments or questions about this Policy. You may contact us at:420 Harley Knox Blvd
Perris CA 92571
myprivacy@cotcgardens.com
CHANGES TO THIS PRIVACY POLICY. This Policy is effective as of the date above and will remain in effect until a new policy supersedes it. We may choose to update this Policy at our discretion, so you should check this page periodically as the terms may change from time-to-time. The most recent version of the Policy will be reflected by the “Last Updated” date noted at the top of the page. In the event of a material change to this Policy, we will provide a conspicuous message either through the Site, or via an email address associated with your Account, informing you of the change. Your continued use of the Platform will constitute your acknowledgment of the Policy in its current version and your understanding of the terms of this Policy.