Thank you for choosing SPARC cannabis dispensaries. This Privacy Policy applies to your use of SPARC dispensaries, and any websites, social media platforms, mobile applications, services, programs, or features (the “SPARC Platform”) owned or operated by SPARC and any of its subsidiaries or affiliates (collectively, “SPARC,” “we,” “our,” or “us”).

SPARC values your privacy and taking proper care of your information is a top priority for us. Our goal is to help you understand what information we collect about you (also known as “User Data”) and products and accessories.

This Privacy Policy is part of, and is governed by, the terms and conditions set forth in our Terms of Service, including any agreements incorporated by reference within the Terms of Service (the “SPARC Terms”). Any terms not defined in this Privacy Policy will have the meaning given to them in our Terms of Service. If you do not feel comfortable with any part of this Privacy Policy or our Terms of Service, you should stop using or accessing the SPARC Platform and dispensaries.

INFORMATION COLLECTED

1: INFORMATION YOU PROVIDE TO US

We collect information about you when you provide it to us directly, when we request it from you, or when you give us permission to get it from a third party source. Below are some examples of the types of information we collect.

• Registration and Identity Verification: When you sign up for any SPARC account, you give us your full legal name, email address, phone number, date of birth, and, a copy of your government-issued ID (i.e. your driver’s license, state ID card, or passport). In order to place a purchase order, you must provide a valid delivery address — whether that’s your home address or any other valid physical address. Additional information we receive from you may include, but is not limited to, a state-issued medical marijuana ID card or a physician’s recommendation letter that you provide us in order to receive a medical delivery.
• Demographic Information: We also collect demographic information from you when you register, when you take our surveys, and throughout your use of the SPARC Platform. Demographic information may include your age, gender, location, how you heard about SPARC, spending habits, consumption preferences, and other preferences or habits.
• Communications: If you contact us directly, we may collect information from you that helps us provide a satisfying experience and answers any questions you have while using SPARC. For example, when you communicate with a member of our customer service team, we may ask you for your name, email address, delivery address, phone number, or proof of charge in order to identify your account, confirm your identity, or assist with your issue. If you send us an email, we will collect the contents of that email and any other information you choose to provide with your email. If you communicate with us via live chat, that correspondence will be archived. If you communicate with us via social media, we collect that communication and associate that information with your user account to the extent the information can be linked. Customer service communications over the phone may be recorded for quality control purposes and may be summarized within our customer support systems.
• Payment Information: Payment information may be collected in connection with a transaction facilitated by SPARC. For on-demand delivery, all payments are made to the licensed cannabis retail dispensary fulfilling your order, SPARC. In all cases, while we may retain a limited amount of payment information for identification and convenience, to keep your financial data secure, we do not store full payment or financial information on our servers. Unless otherwise noted, payment information flows through a third-party vendor who processes the payments for SPARC.

2: VOLUNTARY USER SURVEYS

From time to time, we may invite you to fill out voluntary user surveys or to participate in focus groups to provide feedback on various topics, which may include, without limitation: your experiences with SPARC and/or our partners, your experience with the SPARC Platform, available products, new services, your preferences related to cannabis, and your sentiments on public policy or other cannabis industry topics. These surveys are often conducted by SPARC or third-party market research firms, who collect such data on our behalf, to analyze industry preferences and trends. SPARC does not share your survey information on an individualized basis, and does not share this data for direct marketing to its users.

• Applicant Data: When you apply to a job or an accelerator program with SPARC or one of its licensed retailers, you may provide us with information about you to help us determine whether you are a good candidate for the role you are applying for. Such information may include your name, phone number, email, resume/CV, availability, references, and more.

3: INFORMATION WE COLLECT WHEN YOU ACCESS SPARC’S WEBSITE

Like most online services, SPARC automatically collects technical information about you or your device used to access the SPARC Platform and facilities. We collect information from your browser, computer, mobile device or other device used to access the SPARC Platform. Below we provide examples of the types of data we may collect about you.

• Location Information: We collect your location information when you provide us with a delivery address or we may use geolocation-based services in order to verify your location. For instance, knowing your location may be necessary to allow you full access to our mobile applications or certain aspects of the SPARC Platform.
• Usage Information: We log how you interact with the SPARC Platform by automatically recording data sent by your application or browser. This includes, but is not limited to, the products and content you view, your actions on the SPARC Platform, how you access our SPARC Platform, and the details of any orders you place.
• Device Information: We collect information about the device you are using, such as the device’s IP address, web browser, operating system, phone carrier, manufacturer, unique identifiers (such as advertising ID, VIN, MAC address, and IDFA), and other related software or hardware information related to your device.
• Cookies and Technical Information: We also collect information through the use of “cookies,” tracking pixels, and similar technologies. Cookies are small text files created by websites and stored on your device. They provide a way for the SPARC Platform to recognize you and keep track of your settings and preferences. We also use cookies and similar technologies to provide you with a secure experience and to understand, among other things, how you navigate the SPARC Platforms, learn what content is popular, recognize repeat users, and save your account information. The SPARC Platform is not configured to read or respond to “do not track” settings or signals in your browser settings. A detailed explanation of each cookie used on the site can be found on our cookie policy page.
• Call and Text Information: We work with third-party partners to facilitate phone calls and text messages, including communications between you and your driver. We collect information about such communications, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. This helps us provide and optimize our services and the SPARC Platform.
• User Feedback: We want to make sure you have a consistently positive experience with the SPARC Platform, and we are always looking to improve our products and services. Accordingly, we collect and retain information about any ratings, reviews, and feedback you provide about our service, the SPARC Platform, the products on our site, and our delivery drivers.

4: INFORMATION COLLECTED FROM THIRD PARTIES

• Public Sources: We may collect information from public sources, such as map information and public social media information. 
• Advertisers: We may receive information about you from our advertisers, such as your interests and preferences to help us provide you with tailored advertisements.
• Vendors: We may collect information about you directly from our vendor services or tools if your use of their services led to or related to your use of SPARC or your job candidacy. For example, if you applied for a job with SPARC, we may run a background check with a vendor. We may also utilize such services as a means of collecting information from you as described above. The information we collect from vendors will be treated in the same manner as the information we collect from you directly.

HOW COLLECTED INFORMATION IS USED

In addition to the uses described above, we also use the information we collect about you to:

• Provide the SPARC Platform to you, including, but not limited to, facilitation of your transactions and payments 
• Retain the information necessary for SPARC to maintain records in accordance with their normal business practices and applicable law
• Identify you as a user in our system
• Comply with applicable local, state and federal laws and regulations 
• Analyze and assess current and potential user markets
• Improve, optimize and create new products and services 
• Evaluate brand, and other third-party partnerships 
• Personalize your experience with SPARC
• To determine whether you are a good candidate for the role or program you applied for
• Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes
• Facilitate your communication with the driver fulfilling your order
• To engage in marketing activities with you and to assess marketing and promotional initiatives
• Detect, prevent, or mitigate fraud or any other suspicious activities 
• Conduct research and development, such as by conducting voluntary user surveys or obtaining other feedback from you
• Create aggregated, de-identified and/or anonymized data 
• Support public health and safety efforts
• Support ongoing efforts in cannabis legalization and social equity and justice 
• As otherwise described in this Privacy Policy or in any other notices we have or will provide to you

HOW INFORMATION COLLECTED IS SHARED

We may share your information as described below:

• To Facilitate Delivery: In order to facilitate deliveries, we share information with our business partners. When you send an order to SPARC, SPARC receives information required to complete your order, such as your first name, delivery address, order details, birthdate, and a picture of your face taken from your government-issued ID. SPARC dispatches a delivery driver who fulfills your order, and the driver receives this information to complete the delivery.. When the driver arrives with your order, they will check your ID in person to verify your identity in accordance with applicable law.
• Affiliated Businesses: We may share your personal information with businesses that are legally part of the same group of companies that SPARC is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the SPARC Platform and Affiliates’ own services (including by providing you with better and more relevant experiences).
• Anonymized, De-Identified and/or Aggregated Data: We share aggregated, de-identified and/or anonymized information with third parties. Aggregated and anonymized means that user information is combined together with all personally identifiable information removed so that any individual user cannot be identified. De-identified information means we have removed any identifiers that make a user identifiable, such as their name or address. We may also share anonymized, aggregated and/or de-identified data with third parties for educational, marketing, consulting or independent research purposes. This data provides valuable information including how users interact with SPARC, our partners, available products, and also helps us drive conversation on consumer habits, preferences, and behavior within the cannabis industry. When we share anonymized, de-identified and/or aggregated data, we require the third party not to re-identify individuals and to have technical and business safeguards that prevent re- identification and inadvertent release of such information.
• Vendor Tools and Services: We may share your information with service providers, business partners, consultants, tools, and services to facilitate SPARC operations such as verification, compliance, marketing, communications, statistical analysis, hosting, database management, and a number of other functions. We share your information with these parties to perform their respective specific tasks on our behalf.
• Government Authority, Law Enforcement, & Safety: We only disclose information about you to a government authority, law enforcement official, public health or safety official, or one of our partners if we believe we are required to by law, or in order to respond to or comply with regulations or legal processes, including, but not limited to, responding to subpoenas or warrants. We may also share your information if we think doing so is necessary to protect the rights, property, or safety of SPARC, our partners and their employees, our users, the public, or others.
• At Your Direction: There may be instances where you direct us to share personal information on your behalf, such as for medical records, for legal or administrative proceedings, or otherwise.
• Acquisition or Merger of SPARC: In the event that all or a portion of the assets, business, or stock of SPARC are acquired by or merged with another party, your information may be among those assets transferred. An acquirer of SPARC or its assets may continue to use your information as described in this Privacy Policy. We will notify you with any choices you may have regarding your information as a result of such acquisition or merger.
• Onward Transfer: If we share your information as described in this Privacy Policy, we will seek assurances from the recipients of your information that they will safeguard your information in a manner consistent with this policy. Such assurances, where appropriate, may include contractual relationships with confidentiality clauses and non-disclosure agreements that provide the same level of commitment to safeguarding your information as provided in this Privacy Policy.

YOUR OPTIONS

We provide you with the choices below regarding your personal information: 

• Email Subscriptions: You can always unsubscribe from SPARC promotional emails by clicking the link provided at the bottom of the email. We will still send you transactional emails and receipts generated from your use of SPARC as these are not promotional communications.
• Marketing Text Messages: You can opt out of receiving promotional text messages by texting the word STOP from the mobile device receiving the messages to the phone number you received the message from. Promotional texts are SMS messages sent to you containing offers, promo codes, or deal reminders. Standard messaging rates from your cell phone carrier will apply.
• Order Text Notifications: If you wish to not receive notifications about the status of your order, please reach out to privacy@sparc.co. Please note that opting out of receiving transactional text notifications, such as receiving a notification that your order has arrived, may negatively impact your use of SPARC.
• Location Information: You can prevent your device from sharing geolocation information at any time through your device settings. Please note disabling the use of geolocation information may disable certain features of the website and affect the user experience.
• Editing Account Information: You can review and edit certain account information at any time by logging into your account and navigating to your “Account Settings.”
• Access Your Data: SPARC is committed to transparency and will provide you with a copy of your data upon request. To obtain a copy of your data, please navigate to our Data & Privacy page and use the form or phone number provided. The data provided to you is limited to the data collected in the last 12 months and does not include job applicant data. We reserve the right to refuse any request for data that is unfounded, excessive, or otherwise unreasonable in our sole discretion.
• Deleting Your Account: We will store your information as long as your account is open. If you wish to terminate, delete, suspend, or otherwise disable your Account or use of the SPARC Platform, please navigate to our Data & Privacy page and use the form or phone number provided. When we delete user accounts we must maintain certain information as long as necessary to comply with legal obligations, prevent fraudulent activity, to enforce agreements, or as otherwise deemed necessary in our discretion. Upon your request for deletion, the information that can be deleted will be removed from your account in a reasonable amount of time or as otherwise required by applicable law.

CALIFORNIA RESIDENTS

For purposes of this section, “personal information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”), but does not include certain de-identified or aggregated information, information publicly available in government records, or certain information excluded from the CCPA’s scope.

As a California resident, you are entitled to certain privacy rights further explained below. These rights are not absolute and are subject to exceptions. We may be required or permitted by law to decline your request. When requesting to exercise your right to access and deletion under the CCPA, only you, a person that you authorize to act on your behalf, or an entity registered with the California Secretary of State that you authorize to act on your behalf, may make such a verifiable request.

• The right to request a copy of the categories of personal information and specific personal information collected about you in the last 12 months. To do so, necessary to comply with legal obligations, detect, prevent and mitigate security incidents, bugs or fraudulent, malicious, deceptive or illegal activity, or as otherwise provided under applicable law.
• The right not to have your personal information sold to third parties, if applicable. SPARC does not sell your name, address, government identification, medical recommendation or identification, or other similar personal information. However, California law broadly defines what constitutes “personal information” such that cookie and technical information shared with targeted advertising vendors may constitute a “sale” of “personal information.” At this time, SPARC does not sell your information.
• The right not to be discriminated against for exercising your privacy rights described above.

For privacy and security purposes, we are required to verify your request before we fulfill your request. Please contact us at privacy@sparc.co for more information or help with verifying your account.

If you are a non-account holder or an authorized representative, we will require you to verify your identity or the validity of your representation before fulfilling your request for privacy and security purposes. To verify your identity or representation, we may ask for you to share data points as described in this Privacy Policy to be able to look up your data and ensure you are who you claim to be. You may also be required to provide us with a signed declaration under penalty of perjury.

In addition, if you are an authorized representative, we may request: a copy of your valid government-issued identification or other proof of identity acceptable to us in our sole discretion; and, a power of attorney pursuant to California Probate Code sections 4000 – 4465 or as otherwise sufficient in our discretion to establish your authority as an authorized representative.

REMINIDERS

CHANGES TO THE POLICY

We may update this Privacy Policy periodically. If we make any material changes, we will update you on the SPARC Platform, by email, or by other communication. We encourage you to stay up to date about our privacy practices by reviewing this Privacy Policy periodically. Continued use of SPARC following notices of changes to the Privacy Policy indicates your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

In addition, we may provide you with “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific parts of the SPARC Platform. These notices may provide more information about our privacy practices, or provide you with additional choices about how we process your personal information.

• Age Restrictions: SPARC is intended for access and use by individuals who are of legal age for the services offered based on the applicable regulations of the state or other government entities (“Qualifying Age”). We do not knowingly collect personal information from or about anyone who is not of Qualifying Age. If you are not of Qualifying Age, you should not attempt to access or use SPARC, or send any information to us. If we discover that we have collected personal information from an individual who is not of Qualifying Age, we will take steps to remove that information.
• Account Activity: You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails or physical mail between you and SPARC at all times. When you direct SPARC to share your information with third parties, please note that your privacy and security may also be affected by changes in such third party services. We are not responsible for the functionality, privacy, or security measures of any other organization or third party.

CONTACT US

If you have questions or comments about this Privacy Policy, your information, our use and sharing practices, or your choices, please contact us at privacy@sparc.co. As a California resident, you have the right to request certain information regarding our disclosure of personal information to third parties for direct marketing purposes.