Privacy Policy for "Harvest" - Cannabis Marketplace for Brands and Retailers

Last updated as of May 5, 2024

Your privacy is important to us. This privacy policy explains the personal data Harvest Technologies, Inc. (“Harvest”, “we”, “our” or “us”) collects, uses, and stores when an individual (“you” or “your”) interacts with us on our websites (such as www.iheartHarvest.com), through our apps (such as the Harvest: Order Cannabis Products app), through a dispensary's or brand's (“Commercial User’s”) website integrated with Harvest's technology, through Harvest’s point-of-sale (“POS”) services, and through Harvest’s PIN Debit Software (“PIN Debit”), Cashless ATM Software (“Cashless ATM”) and/or Automated Clearing House (“ACH”) Software (“ACH Payments” and collectively with PIN Debit and Cashless ATM, “Payment Services”) (collectively, the “Services” or the “Harvest Services”). We may link to third parties via our Services. Harvest’s Privacy Policy does not apply to how third parties define personal data or how they use it. We encourage you to read their privacy policies and know your privacy rights before interacting with those third parties.

By using the Harvest Services you are consenting to the practices described in this Privacy Policy. You can withdraw your consent at any time by stopping your use of the Harvest Services or as specified herein.

Personal Information Harvest Collects from You

We collect data from you directly from your use of the Harvest Services and we collect data about your interactions, use, and experiences with the Harvest Services.

Personal information is data that can be used to identify or contact an individual person. Harvest has collected the following categories of personal information from its users in the last twelve (12) months:

How and for What Purposes Harvest Uses Personal Information

Personal Information you provide to us is used to help us communicate with you and to provide you with the Services. For example, we use personal information to: (i) register and service your Harvest account; (ii) solicit feedback and respond to your questions; (iii) provide technical support; and (iv) inform you about product or promotional offers. In order for Commercial Users that you select to process your order, we will send them your name, email address, phone number, reservation time, delivery location, and the specific products and the quantities you ordered. We may also provide Commercial Users that you select with suggested products for you based upon information that we gather about your shopping history or consumers with similar shopping histories. If purchasing from a product manufacturer's menu, we will send the product manufacturer your name, email address, phone number, reservation time, delivery location, and the specific products and the quantities you ordered. We may also provide the product manufacturer with suggested products for you based upon information that we gather about your shopping history or consumers with similar shopping histories. We may also share your information internally between the Harvest Services to provide a seamless experience for you.

We also use the data to operate our business, which includes analyzing our performance, meeting our legal obligations, and doing research. When we ask you to provide personal information, you can decline, but if you do, you may not be able to access the Harvest Services.

Non-Personal Information

We also collect data in a form that does not, on its own, identify any specific individual (non-personal information). We may collect, use, transfer, and disclose non-personal information to improve the Harvest Services and customize the user experience, or for any other legitimate purpose. We also may aggregate non-personal information in order to track trends and analyze use patterns on our Services. The following are some examples of non-personal information that we collect and how we may use it:

This Privacy Policy does not limit our use or disclosure of non-personal information and we reserve the right to use and disclose non-personal information to our partners, advertisers, product manufacturers and other third parties at our discretion (including aggregated, deidentified and/or anonymized information about our users and their use of the Harvest Services). We do not use or respond to “do not track” signals that may be sent from your web browser. If we do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.

Cookies and other Technologies

“Cookies” are pieces of information that a website transfers to an individual’s hard drive for record-keeping purposes. Most web browsers automatically accept cookies. Typically, however, you may configure your browser to refuse all cookies or notify you when a cookie is being sent. Harvest may (1) place cookies on third-party websites and/or (2) use third parties’ analytic and tracking tools to better understand who and how people are using the Harvest Services and how to improve the effectiveness of the Harvest Services, and to help serve more targeted advertising to you. Harvest, and/or third party companies, such as analytics and advertising partners, may use cookies, pixel tags or other technologies to collect and store anonymous information, such as time of visit, pages visited, time spent using the Harvest Services, device identifiers, type of operating system used and other website(s) you may have visited. They might combine information they collect from your interaction with the Harvest Services or on third-party websites with personal information they collect from other sources. We do not have access to, nor control over, third parties’ use of cookies or other tracking technologies. You can block cookies by setting your internet browser to block some or all cookies. However, if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of the Harvest Services. By using the Harvest Services, you consent to our use of cookies and our processing of information collected through such cookies, in accordance with this Privacy Policy.

You may opt-out of such targeting advertising by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of the Harvest Services.

If you click on a link to a third-party website or service, a third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left the Harvest Services.

Sharing information with Other Parties

When you select Commercial Users to process your order, we send Commercial Users your name, email address, phone number, reservation time, delivery location, and the specific products and the quantities you ordered. We may also provide Commercial Users you select with suggested products for you based upon information that we gather about your shopping history or consumers with similar shopping histories. When the Harvest technology is integrated with a Commercial User's website, you may submit personal information to the Commercial User as well as Harvest, and in that case your information is also governed by the Commercial User's privacy policies. We encourage you to carefully read the privacy policy of any Commercial User's website you visit.

We may employ third party companies and individuals to facilitate our provision of the Harvest Services, to provide the Harvest Services on our behalf, provide customer support, perform service-related services (e.g., maintenance services, database management, web analytics and improvement of the Services features) or to assist us in analyzing how the Harvest Services are used. Over the last twelve (12) months, Harvest has disclosed for business purposes the following categories of personal information to third parties: identifiers, customer records information, commercial information, internet or other electronic network activity information, and geolocation data. These third parties may have access to your personal information, but only to the extent needed to perform these tasks on our behalf, and we will contractually require them to protect and safeguard your personal information in accordance with applicable laws. If you choose to purchase merchandise, products and/or services, on or through features on the Harvest Services, we may forward your personal information to third parties for services such as credit card or other payment processing, order fulfillment, credit pre-authorization, and address verification.

We have partnered with financial services software company Aero Payments, Inc. (“Aeropay”) to offer you ACH Payments and the Harvest Gold rewards program. When you create an account with us and connect a bank account to allow for ACH Payments and the Harvest Gold rewards program, you will be creating an Aeropay account. It is your responsibility to make sure the data you provide us is accurate and complete. You must also comply with Aeropay’s privacy policy (the “Aeropay Privacy Policy”) when creating or using your account with us for ACH Payments and the Harvest Gold rewards program. The Aeropay Privacy Policy may be modified from time to time, and the governing version is incorporated by reference into this Privacy Policy.

We may also disclose your information to unaffiliated third parties for advertising and marketing purposes. Over the last twelve (12) months, Harvest has sold and shared the following categories of personal information to third parties: commercial information, internet or other electronic network activity information, and geolocation data. Pursuant to California’s “Shine the Light Act,” California residents are permitted to request information about the manner in which we share certain categories of information with third parties for their marketing use. Please send an email to [email protected] to request a copy of our disclosure pursuant to California law. While we will require third parties to follow applicable laws, and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties. However, if you opt out of internet-based advertising, we will not disclose your information to any third parties for this purpose.

Messaging

By providing your mobile phone number and/or email address through the Harvest Services or to Commercial Users, you expressly consent to receive informational and transactional messages at the mobile phone number and/or email address provided to Harvest and/or Commercial Users. Standard per minute call and message and data rates may apply. You may opt-out of receiving these messages at any time.

Others

It may be necessary for Harvest to disclose your personal information by law, legal process, litigation, and/or requests from public and governmental authorities. We may also disclose information about you, but only where there is a lawful basis for doing so, if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect the Harvest Services or users. This could include providing information to public or governmental authorities. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Protecting Your Personal Information

Harvest and our service providers implement security measures designed to protect your information from unauthorized access, disclosure or accidental loss or destruction. We utilize appropriate physical, technical and managerial safeguards designed to protect the information we collect from or about our users. Harvest’s physical infrastructure is hosted and managed within Amazon’s secure data centers located in the United States and utilize the Amazon Web Service (AWS) technology. Amazon continually manages risk and undergoes recurring assessments to ensure compliance with industry standards. Harvest retains your personal information as is reasonably necessary to provide you with the Services; however, if you have not accessed the Services for twelve (12) months, your information will be deleted.

Your Privacy Rights

You can make choices about our collection and use of your information. You can control your personal data that Harvest obtains, and exercise your data protection rights, by contacting Harvest or using various tools we provide. For example, you can:

Not all personal information processed by Harvest can be accessed or controlled via the tools above. If you want to access or control personal data processed by Harvest that is not available via the tools above, you can always contact Harvest at [email protected].

California

If you are a California resident, the California Consumer Protection Act provides you with specific rights regarding your personal information. You have the right to:

To exercise the rights set forth above, you may submit a request to us by visiting [email protected] or calling 1-888-670-1180. If Harvest deletes your personal information, Harvest will both render certain personal information about you permanently unrecoverable and also deidentify certain personal information.

You also have the right to direct us to not sell or share your personal information at any time (the “right to opt-out”). If you wish to exercise the right to opt-out, please do so at this link: www.iheartHarvest.com/do-not-sell-my-information.

If you choose to exercise your privacy rights, you have the right to not to receive discriminatory treatment or a lesser degree of service from Harvest.

Nevada

If you are a Nevada resident, you have the right to opt-out of the sale of your personal information. If you wish to exercise the right to opt-out, please do so at this link: www.iheartHarvest.com/do-not-sell-my-information

Our Policies Concerning Children

You must be either (a) a valid medical marijuana patient 18 years or older or (b) 21 years or older in order to create an account on the Harvest Services. We do not knowingly collect or use personal information from anyone under these ages. If we become aware that anyone under-age has provided us with personal information, we will delete that information and the associated account.

Users Outside of The United States

The Harvest Services and the servers upon which they are hosted are located in the United States. Personal Information you submit using the Harvest Services will be transferred to and stored in the United States. By using the Harvest Services and submitting Personal Information, you authorize this transfer. For the avoidance of doubt, Harvest is not designed for, or targeted to, or in any way offering goods or services to users who are in the European Union.

Canada

If you are a resident of Canada, you can request what personal information Harvest holds about you, challenge the accuracy and completeness of said personal information, or challenge Harvest’s compliance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) by submitting a request to us by emailing [email protected] or calling 1-888-670-1180.

Changes to our Privacy Policy

We may occasionally update this Privacy Policy. When we do update this Privacy Policy, we will also revise the “Last Updated” date at the top of the Privacy Policy. If we make changes to this Privacy Policy that, in our discretion, we consider significant, we will post the updated Privacy Policy on our website and we may also send e-mails to our users who have created a Harvest account containing a link to the revised Privacy Policy. Please review this Privacy Policy periodically to stay informed about how we are protecting the Personal Information we collect. If you continue to use the Harvest Services after we post an update to this Privacy Policy, you are indicating your acceptance of the updated Privacy Policy.