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Privacy Policy

Last Updated: July 1, 2024

DIV Holdings, LLC d/b/a Jardín® (collectively, “Jardín”, “we”, “us”, or “our”) respects the privacy of all users (“you” or “your”) of our Websites and Apps (as defined below). We are committed to protecting the confidentiality of your Personal Information (as defined below). This Privacy Policy describes how we may collect, use, and share your Personal Information through your online interactions with us.

This Privacy Policy is incorporated into our Terms of Use. By using this Site, you accept and agree to the practices described in this Privacy Policy. If you do not agree with this Privacy Policy, please do not use this Site or provide us with any Personal Information.

Capitalized terms used in this Privacy Policy and not defined herein shall have the definitions provided in our Terms of Use. When you use our services, you will be sharing some information about yourself. At Jardín , we want you to know how we collect, use, share, and protect information about you. Please read this Policy carefully. It is your choice whether or not to provide Personal Information to us. If you choose to do so, you are giving us your express consent to use, process, and disclose your Personal Information as set forth in this Policy. If you choose not to provide your Personal Information to us, you may not be able to use our services.

We respect the privacy of our customers and users and have developed this Policy to demonstrate our commitment to protecting your privacy.

 

 

SCOPE OF THIS POLICY

This Policy is intended to describe our practices with respect to the collection, use, and maintenance of Personal Information relating to users of our Websites (identified below), and our mobile application and/or other services Jardín  offers (collectively, the “Apps”).

For additional information about the data collected from the Apps, please see below.

For the purposes of this Policy, the term “Websites” shall refer collectively to the websites that we operate and that link to this Policy, including: https://jardinlasvegas.com/

In this Policy, “Personal Information” means information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier. Personal information does not include aggregate information or de-identified information, meaning that the information can no longer be attributed to an identifiable natural person without the use of additional information.

Personal information is required for us to be able to provide services to you. In addition, some of the services we provide require that we disclose your Personal Information to third-parties, such as to companies that help us to provide those services. If you are not willing to provide your Personal Information and have it disclosed to third-parties in accordance with this Policy, you will not be able to use our services.

 

 

COOKIE POLICY

A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our Websites. A persistent cookie remains on your hard drive for an extended period of time. For example, when you sign into our Websites or Apps, we will record your user or member ID, which is your email address, and the name on your user or member account in the cookie file on your computer. We store your unique member ID in a cookie for automatic sign-in. This cookie is removed when you sign-out.

When you visit our Websites and/or Apps, we may assign your device one or more cookies to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site.

Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our Websites or Apps.

We may allow our authorized service providers to serve cookies from our Websites to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.

You may delete or decline cookies by changing your browser settings (click “Help” in the toolbar of most browsers for instructions). If you do so, some of the features and services of our Websites and/or Apps may not function properly.

 

 

PERSONAL INFORMATION WE COLLECT

We collect Personal Information to operate effectively and provide you with the best experiences with our services. You provide some of this information directly, such as when you create an account, make a purchase, or contact us for support. We get some of your information, such as your IP address, by recording how you interact with our services. We may also get information about you from our business partners or other third-parties.

Some of the information collected by us or third-parties in order to provide our services include:

  • Name
  • Birth date
  • Contact information, such as your address, telephone number, and email address
  • Demographic information, such as your age and gender
  • Driver’s license or other government identification number
  • Personal photograph
  • Account password
  • Health/medical information, such as your state issued medical card
  • Payment information, such as your debit card number
  • Information you provide to us when you submit questions, feedback, comments, suggestions, and other information through this Site (e.g., via our Intercom Messenger) or via email

 

We may receive and collect certain Personal Information automatically, as outlined elsewhere in this Policy, and including analytics regarding our Websites and Apps, information your Internet browser automatically sends when you visit our Websites and Apps, and information collected by cookies. We may collect Personal Information that can identify you and other information that does not identify you.

 

A. INFORMATION PROVIDED BY YOU

We ask for and may collect Personal Information about you such as your name, address, e-mail address, birth date, and telephone number, and, if you make purchases from us, financial information such as your payment methods (credit card numbers or other financial information). We also may request information about your interests and activities, your gender, and other demographic information.

The most common of these circumstances where you would provide Personal Information include the following:

  • MAKING A PURCHASE When you place an order online for one of our products, you may need to submit Personal Information to us.
  • CREATING AN ACCOUNT OR JOINING JARDÍN In order to use certain Apps and features of our Websites, or to make purchases, you may be required to create a password-protected user account and provide us with Personal Information. Similarly, when you sign up or enroll in a promotion, you may be asked to submit Personal Information as part of your member profile. We will store and use this information to administer the programs and services in which you choose to participate, and as permitted by this Policy.
  • USING OUR WEBSITES AND APPS Our Websites and Apps may provide you with the ability to enter (either directly, or by authorizing us to access the information from a third-party such as a social networking site or application) certain information such as your social media handles, photos, or images you may submit to us to help us locate products for you.
  • CONTACTING CUSTOMER SERVICE When you contact our customer service, we may ask you to provide, or confirm, Personal Information so that we can better serve you.
  • ENTERING A SWEEPSTAKES OR CONTEST If you enter a sweepstakes or contest we offer, we may ask you to provide Personal Information so that we can consider your entry and, if you win, so that you may redeem your prize.
  • INTERACTING WITH SOCIAL NETWORKING SITES Our Websites and/or Apps may provide you with the ability to enter (directly, or by authorizing us to download the information from a third-party such as a social networking site or application) Personal Information such as contacts or lists of friends. These or related applications may also allow you to provide information directly to social networking sites including information about your purchases, physical location, or comments. If you sign up to receive promotional communications or notifications from us, we may ask you to provide Personal Information so that we can provide these to you.

 

B. INFORMATION THAT WE COLLECT FROM YOU ON OUR WEBSITES, APPS

We also may use various technologies to collect information from your computer or device and about your activities on our Websites or App.

  • INFORMATION COLLECTED AUTOMATICALLY We may automatically collect information from you when you visit our Websites and Apps. This information may include your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, referring or exit websites address, internet service provider, date/time stamp, operating system, locale and language preferences, and system configuration information.
  • SOCIAL MEDIA We may provide you the ability to sign into the Jardín  Websites or App using a social media account such as a Facebook, Twitter, Instagram, Snapchat, or Google account, or use your social media accounts to share information from our Websites or Apps. In these cases, as well as when you use Jardín  Apps on a social media site or choose to join (or “like”) a Jardín  page on a social media site, the social media site may provide us with certain information about you, including but not limited to your contacts and other “likes”. In addition, we may share your information, including Personal Information, with third-party vendors to facilitate your choice to sign into a Jardín  Website or App using a social media account. Please see the privacy policy for the applicable social media site to learn more about how these sites share your Personal Information.
  • OTHER TECHNOLOGIES & CONSENT TO COLLECT TECHNICAL DATA We may use Internet technology, such as web beacons, session replay software, and other similar technologies, to collect and analyze technical data and track your use of and activities on our Website and App, and/or which relate to the provision, use and performance of the Websites, Apps, and related systems.

We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Websites, your browser type and version, time zone setting, operating system and platform, and information about your visit to the Websites including the full Uniform Resource Locators (URL), clickstream to, through and from our Websites, including the date and time, page response times, technical errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the Website.

The information we obtain in this manner enables us to customize the services we offer to users of our Websites and Apps to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities. Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies, which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence. Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website. By visiting and using the Websites and/or Apps, you hereby consent to and agree to the collection of this data by Jardín  and that Jardín  will be free (during and after the term hereof) to (i) use such data to improve and enhance the Websites and/or Apps and for other development, diagnostic, and corrective purposes in connection with the Website and/or Apps and other Websites and/or Apps offerings; (ii) disclose such data in aggregated or de-identified form in connection with its business; (iii) targeted marketing and advertising; and (iv) otherwise use and disclose such data as set forth in our Privacy Policy.

 

C. INFORMATION COLLECTED FROM OTHER SOURCES

We also may obtain information about you from advertising companies, ad networks business partners, contractors and other third-parties and add it to our account information or other information we have collected. Examples of such information that we may receive include: updated delivery and address information, purchase history, and additional demographic information. We may combine this information with information we collect through our Websites and Apps or from other sources.

 

HOW WE USE PERSONAL INFORMATION

We use the Personal Information we collect for a variety of purposes. The legal basis for our processing of Personal Information will depend on the specific context in which we collect it. We will retain Personal Information for as long as it is needed and in accordance with applicable law.

 

 

A. GENERAL USES

We may use information that we collect about you to:

  • deliver the products and services that you have requested;
  • manage your account and provide you with customer support;
  • perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
  • communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third-parties;
  • develop and display content and advertising tailored to your interests on our Websites and/or Apps and other websites and/or apps;
  • verify your eligibility and deliver prizes in connection with promotions, contests and sweepstakes;
  • enforce our Terms of Use or other agreement between us;
  • manage our business and perform functions as otherwise described to you at the time of collection;
  • for legal compliance purposes;
  • to process payment for any purchases or sales made on our Websites and/or Apps, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business; and/or
  • to use the information, you provided to occasionally notify you about special sales or services and other valuable updates to personalize your shopping transactions (if you prefer that we not contact you in this manner please follow the Opt-Out instructions elsewhere in this Policy)

 

 

THIRD-PARTY PRIVACY POLICIES

Any third-parties to whom we may disclose Personal Information may have their own privacy policies which describe how they use and disclose Personal Information. Those policies will govern use, handling and disclosure of your Personal Information once we have shared it with those third-parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third-parties. Those entities or their servers may be located either inside or outside the United States. For more information please contact Jardín .

Furthermore, our Websites and Apps may contain links to other websites that do not operate under this Policy. These third-party websites may independently solicit and collect Personal Information from you and, in some instances, provide us with information about your activities on those websites. We encourage you to review the privacy statements of all third-party websites you visit to understand their information practices.

While we strongly support the protection of privacy on the Internet, we do not have control over, and cannot be responsible for, the actions of other third-parties. We encourage you to review each such third-party’s privacy statement and otherwise understand its privacy practices before providing Personal Information to it.

 

AGGREGATED, DE-IDENTIFIED, AND/OR NON-PERSONAL INFORMATION

We may share aggregated, de-identified, and non-Personal Information we collect under any of the circumstances set forth in this Policy. We may also share it with third-parties to develop and deliver targeted advertising on our Websites and/or Apps and on websites and apps of third-parties. We may combine non-Personal Information we collect with additional non-Personal Information collected from other sources. We also may share aggregated information with third-parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Websites and/or Apps and the most popular features or services accessed. This information does not contain any Personal Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

 

 

YOUR PRIVACY RIGHTS

 

 

A. HOW YOU CAN ACCESS YOUR INFORMATION

If you have an online account with us, you have the ability to review and update your Personal Information online by logging into your account. You can also review and update your Personal Information by contacting us. More information about how to contact us is provided below.

You may request to have all of your Personal Information collected by us removed from our database by submitting a request to our contact information set forth at the end of this Policy, identifying the subject as “Privacy”. We will remove such information as soon as practicable for us, in accordance with applicable law, however, we may still retain certain information associated with your account for analytical purposes and record keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Websites and/or Apps or our users, or take other actions otherwise permitted by applicable law. In addition, if certain information has already been provided to third-parties as described in this Policy, retention of that information will be subject to those third-parties’ policies.

 

 

B. YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION

You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Websites or Apps because such information may be required in order for you to register as a member; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Websites and/or Apps.

 

C. OPT-OUT

At any time, you can choose to no longer receive commercial or promotional emails or newsletters from us by modifying your email preferences by selecting the “Opt-Out” link found in the footer of the communication or on our Websites and/or Apps and following the instructions or contacting us. When you register on our Websites and/or Apps, you will be given a choice as to whether you want to receive e-mail messages about special offers and deals related to your interest. You may modify your choice at any time by using the “Opt-Out” link as described above.

You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to thirty (30) days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third-party before you have changed your preferences or updated your information, you may have to change you preferences directly with that third-party.

Even if you opt-out of receiving promotional communications, you may continue to receive emails and notifications relating to order confirmations, back-order notifications, membership information, and/or other business-related communications.

 

D. NEVADA RESIDENTS

Nevada residents can submit a verified request directing Jardín not to sell their Personal Information. If you are a Nevada resident, and would like to submit such a request, please send your request through any of the methods noted below under “Contact Us.”

 

E. CALIFORNIA RESIDENTS

California residents can request a list of all third parties to which we, during the immediately preceding calendar year, have disclosed certain Personal Information for direct marketing purposes. We do not share Personal Information with other people or non-affiliated businesses for their direct marketing purposes. To make such a request you should send a letter to Jardín Premium Cannabis Dispensary, 2900 E. Desert Inn Road, Las Vegas, NV 89121. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information sharing that is covered will be included in our response.
 

F. OTHER PRIVACY LAWS AND RIGHTS

If you are a resident of a locale with an applicable data and privacy protection law which is not specifically referenced herein and wish to exercise a right thereunder regarding your Personal Information submit any request to [email protected]. Please allow forty-five (45) days for a response.

 

 

 

MINOR PERSONAL INFORMATION

We do not knowingly collect Personal Information from anyone under the age of 21. If you are under the age of 21, please do not submit any Personal Information through our Websites, Apps, or services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy.

 

 

 

SECURITY

The security of your Personal Information is important to us.  While we are focused on the security of your Personal Information, you must remember that the Internet is a global communications vehicle open to threats, viruses and intrusions from others and so we cannot promise, and you should not expect, that we will be able to protect your Personal Information at all times and in all circumstances.

Users should also take care with how they handle and disclose their Personal Information and should avoid sending Personal Information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov for information about how to protect yourself against identity theft.

 

NO RIGHTS OF THIRD-PARTIES

This Policy does not create rights enforceable by third-parties.

 

 

CHANGES TO THIS POLICY

We will occasionally update this Policy to reflect material changes in our privacy practices. If we make any material changes in the way we collect, use, and/or share your Personal Information, we will notify you by posting the modified Policy on our Websites and/or Apps and indicating below the date it was last updated. We may also notify you by sending you an e-mail. We encourage you to review the Policy each time you visit one of our Websites and/or Apps, to see if this Policy has been updated since your last visit to make sure you understand how your Personal Information will be processed.

 

CONTACT US

If you have any questions about this Policy or our privacy practices, please contact us by e-mail or postal mail as follows:

DIV Holdings, LLC

Attn: Data Protection Officer

Address: 2900 E. Desert Inn Road, Las Vegas, NV 89121

Email: [email protected]