Terms

You acknowledge that any photo of you may be stored by Big Chief and accessed by and supplied to Big Chief employees, government agencies, and others at Big Chief sole discretion at any time, for any purpose, with or without a legal order or subpoena, and without notice or financial compensation to you.

Payment Services

You permit Big Chief to collect and use your debit, credit card, or other financial data you provide (“Payment Data”) in order to facilitate payments for Big Chief Services and products at your request. In order to facilitate payments, your Payment Data may be transmitted to, stored at, and used by third parties for the purposes of processing your payment, analyzing your Payment Data for signs of fraud or criminal activity, and other functions required of third-party payment processors. While Big Chief strives to only hire reliable third parties, you agree that Big Chief cannot be held liable for how your Payment Data is used or retained or protected while it is in transit to, stored at, or used by third parties that process payments for you.

If you ask us to delete your data, note that Big Chief cannot delete data stored at third party payment processors that must retain Payment Data in order to meet their own compliance requirements. If you have questions about the use of your Payment Data, please contact our payment processors directly – send an email to support@bigchiefes

We may use web cookies in order to maintain your web browser’s website session, track your use of our website, and to store your preferences and selections. Third-party cookies from Google and other companies are also used to display promotions and advertisements relevant to you, track your website usage, and to generate website usage analytics.

Location-Based Services

We collect your IP Address, location data advertised by web browsers and mobile devices, your physical address if you provide it to us, and similar location data to identify your location in order to provide location-based services, such as showing you Services or products available in your area, customizing in-store experiences, delivering products to you at your request, and analyzing your use of our Services. You understand that some of our Services require knowing your location in order to function properly, so if you disable location features of your computer, phone, or browser, some of our Services may become unavailable to you.

Information Sharing

Disclosure of Personal Information

We may provide your information, including your personal information, to our subsidiaries, affiliated companies, or subcontractors, so such parties can, among other things (a) perform services and/or process such information on our behalf, (b) use the information to offer you greater functionality and enhanced Services or related product and service opportunities, and (c) communicate these opportunities to you. When we do this, the recipients of your information are bound by contracts with us to maintain the privacy of your information.

We may share non-personal information (such as anonymous website and/or application use data) with third parties to assist them in understanding our Services, including users’ use of our Services and the services we provide and the success of advertisements and promotions.

We may share non-personally identifiable user data, such as aggregated gender, age, geographic, and usage data (without the inclusion of your name or other identifying information) to advertisers and other third parties for their marketing and promotional purposes.

We may use analytics services provided by third parties that use cookies and other similar technologies to collect information about the Services without identifying individual visitors.

We may share location-based information with third parties for their marketing and promotional purposes if you have allowed location-based services on your computing device, and for enabling location-based Services such as cannabis product delivery to you.

We may also release your information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state or federal laws or respond to a court order, subpoena, law enforcement or regulatory request, or search warrant. We reserve the right to collect and share any information: (i) in order to investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) as appropriate or necessary to enforce our Terms of Use or investigate potential or actual violations of the Terms of Use or Privacy Policy; (iii) take precautions against liability; (iv) to protect the security or integrity of our Services; (v) to exercise or protect our rights and property, the Services, or the rights and personal safety of Company affiliates, Users or others; or (vi) for other legitimate purposes.

Usage Information

We share certain categories of information we collect from or about you in the ways described in this Privacy Policy. We may share demographic data with advertisers and other third parties to help us improve our business and products. If you do not want us to share your contact data with any third parties, please contact us in accordance with the “Contact Us” section below and notify us of your request. Additionally, we may analyze visits to our website and learn about the interests of our visitors in the aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and Services and deliver to you the type of content, features and promotions that you are most interested in.

Disclosures in the Context of a Sale, Merger, Acquisition, Bankruptcy or Reorganization

In order to accommodate changes in our business, we may assign, transfer, or sell the information we collect to a third party in the event our Company is acquired or merged with a third-party entity, or due to our bankruptcy or reorganization. In addition, we reserve the right to assign, transfer, or sell any information we have about you to any companies that we may acquire or purchase. If Company or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer. Should such a sale or transfer occur, we will use reasonable efforts to direct the acquirer to use the information you have provided consistent with this Privacy Policy.

Do Not Track

California’s “Do Not Track” Notice: “Do Not Track” (“DNT”) is a preference you can set in your web browser to let the websites you visit know that you do not want them collecting information about you. Big Chief website does not currently respond to “Do Not Track” settings. For further details regarding DNT, visit http://donottrack.us.

If you would like to opt out of information sharing, please visit Big Chief Privacy Options center at the website, or email your request to support@bigchief.com. Note that Big Chief website and other Services require some information gathering in order to function properly, and in some cases, in order to meet cannabis regulatory requirements, so Big Chief Services may not be available for your use if you opt out of all information sharing.

Information Security

Big Chief Services have reasonable security measures in place designed to prevent accidental loss of your personal information and from unauthorized access, use alteration, or disclosure of the information that we obtain from you. Such measures include, but are not limited to, access controls, monitoring, and the utilization of encryption to securely transmit sensitive information. Please keep in mind, however, that whenever you give out personal information online or at any store, there is a risk that third parties may intercept and use that information.

Big Chief strives to protect your personal information and privacy, but we cannot guarantee the security of any information you disclose. By using the Services, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Services and that any personal information, general information, or other data or information received from you to us is provided to us at your own risk, which you expressly assume.

Third Party Websites

Our website may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

Rights to Opt-In / Opt-out

You have the right to “opt in” and/or “opt out” of certain uses of your personal information. For example, you may have the opportunity to elect whether you would like to receive correspondence from us for marketing purposes, and how your information may be shared with third parties.

To make an opt out request, visit Big Chief Privacy Options center at https://www.bigchiefbrand.com/, or send your request via email to support@bigchief.com. If you receive a marketing email from us, you can also opt out of some features by clicking the “opt out” or “unsubscribe” link in the email.

Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions, and communications with us.

Rights to Access and Control Your Information and Your Choices

Depending on your jurisdiction, you may have choices about how your data is collected, used, and shared. You may be able to:

· Ask us to erase or delete some of your personal information in our possession (e.g., if it is no longer necessary for security, anti-fraud, compliance, or other obligations outlined in this Policy).

· Edit some of your personal information through your account on our website. You can also ask us to change, update, or fix your Services-related data in certain cases, particularly if it’s inaccurate.

· Ask us to stop using your personal information (e.g., if the Company has no legal right to keep using it) or to limit our use of it (e.g., if your data is inaccurate or unlawfully held).

· Ask us for a copy of your personal information

You can contact us by sending an email to support@bigchief.com, and we will consider your requests in accordance with applicable laws. In some cases, we may not be able to fulfill your request if it violates applicable laws or Big Chief policies. To protect your privacy and security, we take reasonable steps (such as checking your state-issued government I.D. card) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your password and account information at all times.

Note that opting out, or asking that your data be deleted, may disable your access to some or all Services, and result in the loss of any Big Chief rewards points you may have accrued.

Retention Period

The Company has a variety of obligations to retain the data that you provide to us, both to ensure that transactions can be appropriately processed, and also to comply with laws applicable to us and to our banking providers and credit card processors. Accordingly, even if you close your account, we will retain certain information as necessary to meet our legal obligations and fulfill the purposes outlined in this Privacy Policy.

We retain your personal information even after you have closed your Member Account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms of Use, or fulfill your request to “unsubscribe” from us. We will also retain de-personalized information after your account has been closed.

Information you have shared with others (e.g., emails, comments, posted reviews, group posts) will remain stored and visible after you closed your account or deleted the information from your own profile, and we do not control the data that other Members may have copied from comments, reviews and/or group posts available in the Services. Content associated with closed accounts will show an unknown user as the source.

Privacy Rights for California Residents

California “Shine the Light” law

California Civil Code Section 1798.83, also known as California’s “Shine the Light” law, allows individual California resident customers who have provided their personal information to us in obtaining products or services for personal, family or household use to request information about our disclosure of certain categories of personal information to third parties for their direct marketing purposes.

Such requests must be submitted to us by contacting us in accordance with the “Contact Us” section below. Within thirty (30) days of receiving an express written request, we will provide a list of the categories of personal information 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. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.

California Consumer Privacy Act (CCPA) Disclosures

The California Consumer Privacy Act of 2018 (“CCPA”) requires us to provide additional privacy-related information to residents of California.

The section entitled “Information Collection Practices” above lists the categories of personal information we have collected about California residents in the preceding 12 months. These categories of personal information correspond with the following categories of personal information provided under the CCPA:

· Identifiers including name, address, date of birth, age, gender, state of residence, e-mail address, telephone number, driver license or other government identification card information, Member account information, and IP address;

· Commercial information including financial data (which may include your credit card or debit card number), and other information required to purchase our products and Services;

· Internet or other electronic network activity information, including click stream or telemetry data or location data about your devices, browsers, and online behavior;

· Other personal information, including content you submit; audiovisual footage and images that we capture from our security cameras inside and around our retail locations; information about products or services purchased, obtained, or considered; and, other purchasing or consuming histories or tendencies, and inferences drawn from any of the information identified above reflecting your preferences and characteristics. Consistent with the section entitled “Information Collection Practices” above, personal information is provided directly by you (or by the devices you use) when you use our Services. The section entitled “Use of Your Information” above lists the business and commercial purposes for which we collect California residents’ personal information. As described above in the section entitled “Information Sharing,” we also share and/or disclose your personal information as follows:

· Sharing your personal information for business purposes. We may share the following categories of your personal information with subsidiaries, affiliated companies, subcontractors, service providers, third parties, public or government (including enforcement) authorities, creditors, and successors for our business purposes: government-issued identification card content; cannabis purchase histories; website preferences; debit or credit card details; and, contact information such as name, phone number, and email address. As described above, examples of business purposes include sending marketing messages to you, executing payment transactions, delivering products to you, registering your accounts, analyzing your purchasing histories, and maintaining and enhancing our Services.

· Sharing your personal information for commercial or other purposes. We may share the following categories of your personal information with third parties, subsidiaries, and affiliated companies in a manner that constitutes a “sale” under California law: government-issued identification card content; cannabis purchase histories; website preferences; debit or credit card details; and, contact information such as name, phone number, and email address. This information may be shared for the purposes of sending marketing messages, executing payment transactions, registering accounts, analyzing purchasing histories, executing product deliveries to you, and maintaining and enhancing our Services. Note that for the purposes of this paragraph, “sale” refers to any exchange of value, however, while an affiliate may gain value (in the form of knowledge) from analyzing the purchasing habits of customers (therefore constituting a “sale” under California law), Big Chief does not sell your personal information to others for money.

California Residents’ Privacy Rights

Subject to certain exceptions and qualifications, as a California resident you have the right to: (i) request access to your personal information; (ii) request deletion of your personal information; (iii) request information about the personal information about you that we have “sold” (as such term is defined under California law) to third parties within the past 12 months; and (iv) opt-out of the “sale” of your personal information, as detailed above.

· Do Not Sell My Information. To opt-out of the “sale” of your personal information as described in this section, email your request to support@bigchief.com.

· Exercising other California consumer rights. Should you wish to request the exercise of your other rights as detailed above with regard to your personal information, and to the extent allowed by applicable law, please contact us as outlined in the “Contact Us” section below. Note that we may need to take certain steps before executing any rights, including verifying your identity. Please indicate in your request that you are a California resident making a “California privacy rights” inquiry. Notice of Financial Incentives

Individuals who need assistance accessing this Policy in an alternative format can do so by contacting Big Chief as described in the Contact Us section below. Governing Law

You agree that all claims arising out of or relating to this Policy or any related Big Chief products or Services will be governed by California law, excluding California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Los Angeles County, California, USA.

If any part of this Policy is found by a court to be invalid, illegal, or unenforceable, the rest of the Policy will remain in effect.

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