Cultivera Privacy Policy

Last Revised 12/1/2018

This Privacy Policy applies to Software (“Software”) operated by S2 Solutions, LLC d/b/a Cultivera (“Cultivera,” “we” or “us”). Your use of the Software is also subject to the End User License Agreement to which you must agree before using the Software

Please read this Privacy Policy carefully. By using this Software, you acknowledge that you have read, understand and agree to be bound by the following terms and all applicable laws and regulations. If you do not agree to this Privacy Policy and the accompanying End User License Agreement, you are not permitted to access, download or use this Software.

I. Collection of Data

A. State System Login Information

By providing us with your business’s login to the state traceability system, you agree to give us access to the data about your company’s recreational cannabis inventory and/or transaction information in the state system (“Business Data”). You represent that you have access to this information lawfully, and can give us permission to access it, and you agree to comply with the terms and conditions of the applicable state traceability system.

When you provide us with your state system login information, you are giving us access to your business name and contact information along with your Business Data. If, in connection with your master account, you choose to set up individual “child” accounts from the same login credentials for your employees, partners, or others, you must also provide usernames, passwords and set any relevant permissions for that account. When you set up child accounts and choose to share your Business Data with other individuals or entities, we are not responsible for loss of confidentiality or any other consequences stemming from those actions. You remain responsible for the use of the account.

B. Username and Password

In order to access the Software, you will be asked to register by creating a username and selecting a password. You agree that you are responsible for the safety and security of your username and password, and will take appropriate measures to safeguard it. If you believe that your username and password are being used without your permission, notify us immediately by e-mailing info@cultivera.com.

C. Payment Information

If you submit payments through the Software, you will provide your payment information to our third-party payment provider.

D. Location Information

Location Information from Your Mobile Device with Your Permission. We collect and store your location information if your device settings are enabled to send it to us. We also infer your location from your IP address and other data. We use this information to provide and improve the Software and, with your permission, to help you to navigate to retail locations.

E. Automatic Data Collection: Cookies and Related Technologies.

When you use our Software, we and our third-party partners collect certain information by automated means, such as cookies, web beacons and web server logs. By using the Site, you consent to the placement of cookies, beacons, and other similar technology in your browser and on emails in accordance with this Privacy Policy. The information collected in this manner includes IP address, browser characteristics, device IDs and characteristics, operating system version, language preferences, referring URLs, and information about the usage of our Site. We may use this information, for example, to determine how many users have visited certain pages, or to prevent fraud. We may link this data to your profile. Our partners also may collect and combine information collected through our Software with other information about your online activities over time, on other devices, and on other websites or apps, if those websites and apps also use the same partners. We currently use Google Analytics to collect and process certain website usage data. To learn more about Google Analytics and how to opt out, please visit www.google.com/policies/privacy/partners/. You may be able to change browser settings to block and delete cookies when you access the Software through a web browser. However, if you do that, the Site may not work properly. The Software does not respond to browser do-not-track signals.

II. Our Use and Disclosure of Data

You acknowledge and agree that the Cultivera Software collects inventory and/or transactional information about your recreational cannabis business from the state system. We aggregate and interpret this information from the state system to be able to present reports to you that represent your Business Data in meaningful ways.

You acknowledge and agree that we may collect, transmit, store, and use your Business Data to fulfill your requests or provide you with products, services, or information related to the Software and its services. You agree to receive communications about additional products or services that we may provide in the future or about business opportunities in related fields. You give us permission to use your Business Data in the aggregate with data from our other customers in order to perform analytics.

Until such time as your Business Data becomes a matter of public record under state law, you have the right to ask us to delete your information from the Software, and we will not share your Business Data with third parties, including competing businesses. We do not claim ownership of your Business Data. However, after your Business Data becomes a matter of public record under state law, we reserve the right to retain, repurpose, aggregate, analyze, or share your Business Data. In addition, we generally anonymize or aggregate data collected through the Software and may use and disclose it for any purpose.

We will never share your state system login credentials with anyone, nor will we share your un- aggregated proprietary business information that is not a matter of public record. [IF IN THE FUTURE A NEW PRODUCT CONNECTS LICENSE TO LICENSE: The product feature connecting retailers to growers does allow you to opt in to sharing your information with other users you have approved. We are not responsible for loss of confidentiality or any other consequences stemming from those actions.]

We share information we receive with vendors and service providers that perform services for us. For example, through our Software, you provide information to payment processors as part of financial transactions, and we will share your information with service providers, such as web and database hosting services and map and navigation services. We do not rent, sell, or share personal information (as defined by California Civil Code §1798.83) about you that we collect on the Software with other people or unaffiliated companies for their direct marketing purposes.

We may access, preserve, and disclose your information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; comply with the law; or protect your, our, or others’ rights, property, or safety.

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be disclosed in connection with the negotiation of such transaction, and/or sold or transferred as part of such a transaction as permitted by law and/or contract. We may also disclose your information with your permission.

III. Use of Reports

Any reports are not to be relied upon as an independent basis to make any business decisions. Any forecasts, models, or analysis are for general informational purposes and are not to be relied on in any way in making business decisions.

IV. Links to Other Web sites or Applications

As a resource to our users, our Software may provide links to external websites. However, because Cultivera does not control the content of these sites we may link to, and due to their constantly changing nature, we cannot be responsible for the content, practices or standards of third-party sites. Inclusion of any third-party link does not imply a recommendation or endorsement by us. We are not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third-party sites. We do not make any representations regarding the content or accuracy of third-party sites. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites.

V. Operability of Software

We do not warrant that the Software will be compatible or interoperable with your personal computer or mobile device, or any hardware, software, equipment or device installed on your personal computer or mobile device or used by you to access and use the Software (“Accessories”). You acknowledge that compatibility and interoperability problems: (a) may cause the performance of the Software, your personal computer or mobile device, and any Accessories to diminish or fail completely; (b) may result in permanent damage to your personal computer or mobile device and any Accessories; (c) may result in a loss of data on your personal computer or mobile device or Accessories; or (d) may result in the corruption of software and files located on your personal computer or mobile device and any Accessories. You acknowledge and agree that Cultivera shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

VI. Information Security

We take steps in an effort to treat your information securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.

VII. Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of the Software is directed to children under the age of 13. If you learn that your child has provided us with personal information without your consent, you may alert us at info@cultivera.com. If we learn that we have collected any personal information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

VIII. International Users

If you are using the Software, you agree to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy.

IX. California Privacy Rights

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information shared, the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year, and descriptions of the likely types of marketing the third parties would send. Cultivera does not share your information with any other businesses for their own direct marketing uses. To make an inquiry, please send an email message to info@cultivera.com or mail us at the address below with “Request for California Privacy Information” on the subject line and in the body of your message.

X. Other Terms and Conditions

If any provision of this Agreement is unlawful, void or unenforceable, you agree that the provision will be enforced to the maximum extent permissible and the remaining provisions contained in this Agreement shall continue in full force and effect. This Privacy Policy and the End User License Agreement constitute the entire agreement between you and Cultivera regarding your use of this Software. No advice or information, whether oral or written, obtained by you from Cultivera shall alter the terms of this Privacy Policy.

XI. Changes to Privacy Policy

We reserve the right to make additions, deletions, or modifications to this Privacy Policy at any time without prior notification.