Privacy Policy

Effective Date: July 28, 2020

This privacy policy (the “Policy”) identifies the privacy practices of Gnome Grown Merchandising, LLC and its affiliated companies, including Gnome Grown Retail, LLC, Gnome Grown, LLC, and Medicated LLC (collectively “Gnome Grown”, “we”, “our”, or “us”) on the website gnomegrownorganics.com (the “Website”).  The Policy applies to information we collect through the Website. This Policy does not apply to information collected:

  • offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
  • by any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from the Website.

This Policy does not identify or govern the privacy practices of any third party, and we are not responsible for third-party privacy practices, even if we provide links to a third party’s website in the Policy, on the Website, or elsewhere. Any information you provide to a third party will be governed by that third party’s privacy policy and practices, which we encourage you to review.

To ask us questions about the Policy or for any other reason, or exercise any rights identified in the Policy, please contact us at:

Gnome Grown Merchandising LLC
Attn: Jordan Stewart
Director of Merchandise, Social Media and Marketing
P.O. Box 93
Oregon City, OR 97045
[email protected]

By purchasing any product or service on or using the Website, you agree to be bound by our Terms of Use gnomegrownorganics.com/terms, including, without limitation, those sections of the Terms of Use concerning Governing Law; Arbitration (Section 5), Indemnification (Section 6), Limitation of Liability (Section 7), Miscellaneous (Section 8), and Cannabis (Industrial Hemp & Marijuana) Disclosure & Agreement (Section 9).

1. INFORMATION WE MAY OBTAIN

Personal Information: If you fill any forms to provide any information to us on the Website, make purchases through the Website, or interact with the Website we may obtain certain kinds of “Personal Information”, including your name, date of birth, age, email address, address, or phone number.

Children’s Information/Age Limitations: The Website is not intended for use by children or persons under twenty-one (21) years of age. We do not knowingly collect Personal Information from persons under 21 and no person under 21 may provide any Personal Information or other information to or on the Website. If you are under 21, do not use or provide any information to this Website or on or through any of its features, make any purchases through the Website, use any of the interactive features of this Website, or otherwise provide any information about yourself to us through the Website.  If we learn that we have obtained Personal Information from a person under 21 on or through the Website, we will attempt to delete such Personal Information.

Pre-Orders, Deliveries, and Merchandise Payment: We and our affiliates sell certain merchandise and list cannabis (industrial hemp and marijuana) goods for sale on the Website. Merchandise may be sold throughout the United States, but cannabis goods will only be sold in the State of Oregon. Payments for merchandise will be made to Gnome Grown Merchandising, LLC. We and our affiliates do not collect payment or ask for payment information for purchases of cannabis goods on the Website—cannabis goods may only be reserved for in-store pickup or delivery in the State of Oregon, and payment will only be processed after a purchaser’s age can be verified.

If you are paying for merchandise or other services that you purchase on the Website (not cannabis goods), you may be asked to provide certain “payment information”, which may include your credit or debit card number, card expiration date, CVV code, check payment information, account or routing number, the last four digits of a Social Security number, and billing/payment account address. All purchases are made through a third-party ordering platform and a third-party payment processor. It may appear that we are collecting this payment information directly, but the payment information is provided to these third parties, which have embedded their payment portals on the Website.  We may receive only limited Personal Information of yours from that third party to verify or ship purchases or for fraud prevention, such as your billing address and contact information.

Third-Party Data Collection: We partner with third parties to provide various services on or through the Website.  These third parties may obtain information, including Personal Information or payment information, from you.  They may also employ automated data collection tools (see the section below entitled “Automated Data-Collection Methods”). We are not responsible for any information provided to or obtained, held, or otherwise used by such third parties. We encourage you to review any third party’s terms of use, privacy policies, agreements, or other similar documents.

  • Leafly Holdings hosts our online cannabis menu and pre-ordering platform.
  • myblackbird hosts our rewards platform and our SMS messaging platform.
  • Budchat allows qualified persons in the State of Oregon to chat with our budtenders and pre-order cannabis.
  • Shopify is our merchandise sales platform.

Automated Data-Collection Methods: When you visit the Website, some information is automatically collected. This may include information such as the Operating System (“OS”) running on your device, Internet Protocol (“IP”) address (which may be used to obtain your geolocation), access times, browser type, date and time of creation of accounts, language, the website you visited before or will visit after using our Website, and other generalized information. We may also collect information about how you use the Website, including the elements you have interacted with, metadata, and other details about these elements, change states and other user actions. We may use some or all of the following automated data collection methods:

  • Cookies: Cookies are small pieces of data sent to your browser from a web server and stored on your computer’s hard drive. Your web browser may include a function that permits you to refuse the setting of all or some cookies. If you do so, you may not be able to access all or parts of the Website.
  • Third-Party Website Cookies: When you use the Website, you may be directed to third party websites which contain cookies or other automated data-collection methods.  Third parties may also use tools that track your activity online, even when you are on the Website or other websites.  We are not responsible for third parties’ use of cookies.
  • Web Beacons: Pages of the Websites may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related statistics or information.
  • Google Analytics: The Website, as well as third parties, may use Google Analytics cookies or similar analytics tools to collect aggregate information about how users visit the Website.  You can review Google Analytics’ data practices here, and may install a Google Analytics Opt-out Browser Add-on here. We are not responsible for third parties’ use of Google Analytics or other similar tools or software.
  • Server Logs: We may track information about your visit to the Website and store that information in web server logs.
  • Social Media Widgets: Some pages of the Website may use social media features, including without limitation, “Like” or “Share” buttons to aid social media sharing or interactive features.  These features may collect your IP address, information about the webpage you are visiting or using, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products.  We do not control any of the content from the social media widgets and recommend that you review each social media company’s privacy policies prior to using any such widget.
  • Retargeting: We may use certain technologies, such as cookies and web beacons to collect visitor data on the Websites and use that data to serve targeted display advertisements to you when you visit other websites. Our partners may also use technology to collect this data.
  • Single Sign-On Tools: You may be able to create and log into user accounts on the Website or App using single sign-on (“SSO”) tools through third-party services. SSO services will authenticate your identity, give you the option to share certain of your Personal Information with us, and will automatically populate information required to create or log into an account with us. Some third parties that provide SSO services allow you to post or share information concerning your interaction with the Website on their network.  These third parties may collect information about you, all of which is governed by such third-party websites.

Do Not Track Signals: “Do Not Track” is a preference you can set in certain web browsers to let websites you visit know that you do not want them tracking certain information about you. The Website does not currently respond to Do Not Track settings. For further details regarding Do Not Track settings, visit donottrack.us.

2. USE AND SHARING OF INFORMATION

We may collect and use the Personal Information we collect for certain purposes, including the following purposes:

  • Presenting and providing content to you, and operating and improving the Website;
  • Providing the Website and offering our products and services to you, and communicating with you;
  • Carrying out our obligations to you and enforcing our rights arising from any contracts entered into between you and us, including for billing and collection;
  • Identifying you as a user in our system;
  • Improving our products, services, and Website, and how we operate our business;
  • Understanding and enhancing your experience using our Website, services, and products;
  • Providing and delivering our services and products that you request;
  • Responding to your comments or questions and for our support team to provide related services;
  • Sending you information, including, without limitation, confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages, and modifications or updates to the Policy, Website, or other terms where applicable, and other messages;
  • Communicating with you about surveys, promotions, upcoming events, news about products and services offered by us and our affiliates or partners, and for our other marketing purposes;
  • Linking or combining your information with other information we get from third parties to help understand your needs and provide you with better service;
  • Permitting you to access and interact with interactive features of the Website;
  • Monitoring and analyzing site traffic, usage, trends, and activities related to our services or the Website, and diagnosing technical problems, administering the Website, or providing or displaying content;
  • Protecting, investigating, and deterring against fraudulent, unauthorized, or illegal activity; and
  • For any other purpose that you request or with your consent.

We do not sell, rent, lease, or share your Personal Information to third parties, but we may share your Personal Information with others in the following circumstances:

  • If information is “anonymized”, meaning it cannot be used to identify you;
  • To fulfill the purpose for which you provide Personal Information, including to third-party payment processors, fulfillment centers, or shipping companies;
  • To our subsidiaries, affiliates, agents, contractors, service providers, partners, and other third parties we use to support our business (including those third parties identified in Section 1 or out information technology or similar personnel);
  • To comply with any enforceable subpoena, government or regulatory request or demand, investigative demand, court order, law or legal process;
  • To enforce or apply our legal rights and to defend against legal claims;
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others, including for the purposes of fraud protection and credit risk reduction;
  • In an emergency, including to protect the personal safety of any person; 
  • To a buyer or other successor in the event of 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 the Website’s users is among the assets transferred.  Additionally, in the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will also acquire and possess the Personal Information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy;
  • For any other purpose disclosed by us when you provide Personal Information; or
  • With your consent.

3. DATA PROTECTION

We maintain reasonable administrative, physical, and technological measures to protect the confidentiality and security of Personal Information you submit via this Website and to ensure that such Personal Information it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. These security measures, however, cannot guarantee that any information that we possess will be completely secure.  By using the Website, you expressly acknowledge that we do not guarantee the security of any data provided to or received by us through the Website and that any information provided to us by you or received by us from you through the Website is provided at your own risk.

4. DATA RETENTION

We retain information for the time reasonably necessary to provide services requested by you, or for purposes stated in this Policy.

5. CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law allows you to request information about our disclosure of certain classes of your Personal Information to third parties for those third parties’ direct marketing purposes.  You can make such requests of us using the contact information identified in Section 2. We reserve the right not to respond to requests submitted in ways other than those specified above. This request may be made no more than once per calendar year. Within thirty (30) days of receiving an express written request, we will provide a list of the categories of those classes of your Personal Information required to be identified under California law which we have disclosed to third parties for third-party direct marketing purposes during the immediately preceding year, along with the names and addresses of those third parties.

The Website is not intended for use by persons under the age of 21. However, if you are a California resident under the age of eighteen (18) and have publicly posted information on our Website, California law permits you to request and obtain removal of content or information you have publicly posted. You can do so by contacting us at [email protected].  If you make such a request, please identify where the content or information is posted on the Website so that we can attempt to remove the post from public view or anonymize the content or information such that you cannot be identified. This removal process cannot ensure complete removal, for example, if content or information remains visible because a third party has copied the posting or reposted the content or information posted by the minor.

6. EMAIL AND SMS OPT-OUT RIGHTS

By providing us with your email address, you give us permission to send you emails about our services, products, and other updates.  You have the right to opt out of receiving future marketing, promotional, or emails from us at any time by following the instructions set forth in any such emails, including by clicking the “Unsubscribe” button included at the bottom of each email. If you enroll in our SMS marketing program, you may opt out by clicking or sending STOP in response to the SMS message or following any other instructions set forth in the SMS message, provided necessary certain communications may not be disabled or prevented, such as service announcements and administrative messages.

Even if you opt out of such communications, we may nevertheless transmit non-promotional communications to you, such as communications concerning our business relationship with you. We may not accommodate a request to change Personal Information if we believe that the requested change would violate any law or legal requirement or cause the information to be incorrect.

7. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify and revise the Policy at any time.  The Effective Date of the Policy is set forth at the top of this webpage, and this Policy supersedes any and all prior versions.  If we materially change the way we collect, use, or disclose your Personal Information, we will notify you prior to said change by email and/or by inserting a prominent notice on the Website.

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