Effective Date: 8/17/2023
Last Reviewed on: 8/17/2023
Gold Flora Corporation and its affiliated entities and brands (which includes TPCO Holding LLC, Caliva, Deli, Coastal California, Varda Dispensary, Calma West Hollywood, Mirayo, Cruisers, and well. by Caliva) (collectively “Company” or ”We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide to us when you visit one of our websites that links to this policy (our “Website”). This policy also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. We adopt this notice to comply with California law, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). Any terms defined in the CCPA and CPRA have the same meaning when used in this Notice.
1. Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:
· Publicly available information from government records.
· Deidentified or aggregated consumer information.
In particular, we have collected the following categories of personal information from our consumers within the last 12 months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
L. Sensitive Personal Information
Personal identification numbers, including, driver’s license, passport, or state ID card numbers; account or debit or credit card numbers; consumer’s geolocation;
We obtain the categories of personal information listed above from the following categories of sources:
· Directly from you. For example, from forms you complete, products and services you purchase, registering for an account on our Website, joining our rewards programs, entering a promotion or competition conducted by us, or communicating with us via phone or email.
· Indirectly from you. For example, from observing your actions on our Website, including page clicks, time spent, or other automatically collected meta-data; from clickstream data that website cookies gather; internet cookies; observations from monitoring behavior, such as store video cameras or surveillance systems.
· We may also collect information from third-party sources, such as third-party service providers, opt-in lists, publicly available data, and consumer reporting agencies.
2. Use Of Personal Information
We may use or disclose the personal information we collect for one or more of the following purposes:
· For the reason you provided the information. For example, if you send us your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
· To authenticate your account credentials and identify you.
· For marketing research.
· To create, maintain, customize, and secure your account with us.
· To process your requests, purchases, transactions, and payments.
· To provide you with support, respond to your inquiries, and address your concerns and monitor and improve our responses.
· To personalize your Website experience and to deliver content, product, and service offerings relevant to your interests, including targeted offers via email or text message (with your consent, where required by law).
· To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets.
· For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
· As described to you when collecting your personal information or as otherwise set forth in the CCPA.
· To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
3. Retention of Personal Information
We will retain your Personal Information for at least seven (7) years according to the 4 CCR 737-1-1.16 or as long as it is necessary for the purposes set out in Section 2, and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
4. Information Sold or Shared
We have not sold or shared, as defined by the CPRA, any personal information to third parties for a business or commercial purpose in the preceding 12 months.
5. Disclosures of Personal Information for a Business Purpose
We have disclosed the following categories of personal information to third parties in the preceding 12 months:
· Category A: Identifiers
· Category B: California Customer Records personal information categories
· Category C: Protected classification characteristics under California or federal law
· Category D: Commercial information
· Category F: Internet or other similar network activity
· Category G: Geolocation data
· Category I: Professional or employment-related information
· Category K: Inferences drawn from other personal information
· Category L: Sensitive Personal Information
We disclose your personal information for a business purposes to the following categories of third parties:
· Service providers.
· Parent or subsidiary organizations
We disclose your personal information to the third parties mentioned above for the following business purposes:
· Auditing related to:
· counting ad impressions to unique visitors;
· verifying positioning and quality of ad impressions; and
· compliance with the CCPA and other standards.
· Helping to ensure security and integrity (as defined at Cal. Civ. Code § 1798.140(ac)).
· Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us.
· Performing services for the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying your information, processing payments, providing financing, and providing analytic services.
· Providing advertising and marketing services to you (excluding cross-context behavioral advertising).
· Undertaking internal research for technological development and demonstration.
· Verifying or maintaining quality or safety or improving or upgrading a service.
Because our products are strictly for individuals who are of legal age to consume cannabis products under applicable law, we do not request, knowingly collect, or sell the personal information of individuals under 18 years of age. If you are not 18 years of age, you should not access our website or purchase our products.
6. Your Rights and Choices
The CCPA and CPRA provide consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA and CPRA rights and explains how to exercise those rights.
6.1 Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
· The categories of personal information we collected about you
· The categories of sources for the personal information we collected about you
· Our business or commercial purpose for collecting that personal information
· The categories of third parties with whom we share that personal information
· The specific pieces of personal information we collected about you (also called a data portability request)
· If we disclosed your personal information for a business purpose, disclosures identifying the personal information categories that each category of recipient obtained.
6.2 Right to know Sensitive Personal Information Collected
We collect and use your Sensitive Personal Information as described in the Section 2. We do not collect or process sensitive personal information for the purpose of inferring characteristics. To limit sensitive personal information use and disclosures to specifically permitted purposes, please see Exercising Access, Data Portability, and Deletion Rights.
6.3 Right to Rectify.
You have the right to correct, update or modify the personal information we hold about you. If you would like to exercise this right, please see Exercising Access, Data Portability, and Deletion Rights.
6.4 Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
· Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
· Debug products to identify and repair errors that impair existing intended functionality.
· Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
· Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
· Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
· Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
· Comply with a legal obligation.
· Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
6.5 Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
· Calling us toll free at (888) 265-8627
· Visiting CCPA Request Submission Form
· For account holders, access the submission form link from inside your account (instructions below).
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, you must provide a valid power of attorney under California’s Probate Code or other verifiable written documentation granting the agent permission to make the request.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
· For password-protected account holders, you can access our secure request form by logging into your account and using the submission form link.
· For non-account holders, use the CCPA Request Submission Form. You must provide at least two data points that we can match with the personal information we have collected about you.
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account more easily verifiable when the request relates to the personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
6.6 Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA and CPRA rights. Unless permitted by the CCPA/CPRA, we will not:
· Deny you goods or services.
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties.
· Provide you with a different level or quality of goods or services.
· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels.
8. Financial Incentive
We offer various financial incentives. For example, discounts, coupons, and special offers via email when you sign up for our email list, participate in a marketing promotion or sweepstakes; reward/loyalty programs where you can earn rewards, accumulate points on purchases, and receive promotional offers, such as discounts, coupons, and opportunities to participate in other promotions; and rewards when you refer a friend who has not used our platform before.
In order to participate in some of these financial incentives, you may be asked to provide personal information, such as name, email address, phone number, and date of birth. Participation in any financial incentive program is entirely optional, and participants may withdraw from the program at any time.
For email-based incentives, you may unsubscribe from our emails by clicking the unsubscribe button on the email body. To cancel your loyalty or rewards program incentives account you may submit a request via email to [email protected] with the subject line “Loyalty Opt-Out” and include the personal information you submitted and the name of the applicable program or promotion you participated in; or by deleting your account through your loyalty points online wallet. Please note, by opting out or canceling your loyalty/rewards account, you are only deleting your information from the financial incentive programs. Company reserves the right to maintain your personal information for any other purpose described in this Privacy Notice unless you have exercised your right under Section 6.5.
Our good-faith estimate of the value of your Personal Information is $0.05. We estimate the value of consumers’ personal information by considering the average value to the business of the sale, collection, or deletion of a consumer's data. From time to time, we may provide additional terms that apply to a particular financial incentive, which will be presented to you at the time you sign up for the financial incentive.
9. Right to Access Information about Automated Decision Making and the Right To Opt-Out of Automated Decision Making
You have a right to request information about automated decision-making processes The Parent Company and its affiliates use, and you may request to opt out of automated decision-making. If you have questions about automated decision-making processes used by the Company and its affiliates, please email us at [email protected].
10. Other California Privacy Rights
The Company does not generally engage third parties for direct marketing purposes. However, we provide notice here of California’s “Shine the Light” Law (Civil Code Section § 1798.83), which permits users of our Website that 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, please send an email with the subject “Shine the Light Law Request” to [email protected] or write us at Gold Flora Corporation, 1550 Leigh Ave, San Jose, CA 95125, Attn: Compliance – Shine the Light Law Request.
11. Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
12. Contact Information
To make a CCPA/CPRA request please use the URL below:
If you have any questions or comments about this notice, the ways in which the Company collects and uses your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Email: [email protected]
Toll-Free Phone: (888) 265-8627
Gold Flora Corporation
1550 Leigh Ave
San Jose, CA 95125
Attn: Compliance – Privacy Request