Open Farm Inc. Website Privacy Policy

Last Update Date of Current Policy: November _, 2020

This Open Farm Inc. Website Privacy Policy (the “Privacy Policy”) applies to the Open Farm website located at https://www.openfarmpet.com/, https://www.openfarmpet.ca and all other websites or digital platforms owned and operated by Open Farm Inc. on which this Privacy Policy appears (each, individually, the “Site”). The terms “Open Farm,” “we,” “us” and “our” includes Open Farm Inc. and our affiliates and subsidiaries. This Privacy Policy explains how Open Farm may collect, use and disclose Personal Information (defined below) that we obtain through the Site, from your communications with us and/or from third parties. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your Personal Information. Please note, if you are a resident of a European Union Member State, you are not permitted to use the Site and/or the associated products, services and other offerings made available on the Site (collectively, the “Site Offerings”).

Users with disabilities who wish to access this Privacy Policy in an alternative format can contact us by e-mailing us at: support@openfarmpet.com; calling us at: +1 833-540-8602; or sending us mail to: Open Farm Inc., 559 College Street, Suite 401, Toronto, ON M6G 1A9

IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OR SITE OFFERINGS.

YOUR CALIFORNIA PRIVACY RIGHTS

SHINE THE LIGHT. If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: support@openfarmpet.com; or send us mail to: Open Farm Inc., 559 College Street, Suite 401, Toronto, ON M6G 1A9

Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: support@openfarmpet.com; or send us mail to: Open Farm Inc., 559 College Street, Suite 401, Toronto, ON M6G 1A9. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.

CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (“CCPA”). In addition to the foregoing, if you are a resident of the State of California certain other privacy-related rights may apply to you in accordance with the CCPA, including the right to opt-out of our sale of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our “Privacy Provisions for California Residents” below for a more complete description of your rights under the CCPA as a California State resident.

PRIVACY POLICY QUICK LINKS

Below are links to key sections of our Privacy Policy:

Your Canadian Privacy Rights

Your Nevada Privacy Rights

Information We Collect and How We Collect It

Personal Information that You Provide to Us

Passive Collection of Information

Use and Sharing of Personal Information

Disclosure of Personal Information

Opt-Out/Unsubscribe

Deleting, Modifying and Updating Your Information

Security of Your Information

Children's Privacy

Changes to our Privacy Policy and Practices

Contact Us

YOUR CANADIAN PRIVACY RIGHTS

If you are a Canadian resident and have any questions about the accuracy of the Personal Information that we have collected about you, you can obtain access to that Personal Information in order to verify and update it, unless we required under applicable law to refuse your access to such Personal Information, by e-mailing us at: support@openfarmpet.com; or sending us mail to: Open Farm Inc., 559 College Street, Suite 401, Toronto, ON M6G 1A9. We will respond to requests within thirty (30) days. You have the right to notify the Office of the Privacy Commissioner of Canada regarding any issues related to your request. We reserve the right to save transaction data as is necessary to comply with legal obligations or for purposes of standard business operations.

YOUR NEVADA PRIVACY RIGHTS

If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please e-mail us at: support@openfarmpet.com;  or send us mail to: Open Farm Inc., 559 College Street, Suite 401, Toronto, ON M6G 1A9

INFORMATION WE COLLECT AND HOW WE COLLECT IT

(1) PERSONAL INFORMATION THAT YOU PROVIDE TO US

Please see our Privacy Provisions for California Residents below for additional details regarding the categories of Personal Information collected.

“Personal Information” means “information about an identifiable individual” including, but not limited to, your name, address, email address and phone number. “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized such that it does not allow a third party to easily identify a specific individual. We collect Personal Information when you choose to provide it to us, including when you:

• register to use the Site;
• purchase a product on the Site;
• use the Site;
• review one of our products or post content to public pages on our Site;
• communicate with us via the Site or via email; and/or
• sign up to receive marketing information about our products and services.

We may also collect information at other points on our Site with your consent and with notice to you. Please note that we may use third party service providers to help operate the Site and to provide analytical data with respect to the Site and these third party service providers may collect Personal Information from our Site for these purposes.

(A) REGISTER AN ACCOUNT.

The Site gives you the option of creating a user account (an “Account”). If you decide to create an Account, you will provide us with certain Personal Information, such as your first and last name, email address and password and information about your pet(s). You are not required to register to use the Site.

(B) PURCHASE AN OPEN FARM PRODUCT.

When you purchase an Open Farm product using the Site, you are given the option of logging into an Account or, if you do not already have an Account, creating a new Account. In either case, when you purchase an Open Farm product, you will provide us with Personal Information, such as first and last name, email address, password, shipping address, billing address and credit card information, as well as information about your pet(s). For purposes of this Privacy Policy, credit card information shall be considered “Sensitive Information”

(C) MAKE A PAYMENT.

When you make a payment through use of the Site, you will need to provide Personal Information to our third party payment processors. Such Personal Information may include Sensitive Information, such as your credit card number, expiry date and security code. This information is not collected by Open Farm but is provided directly by you to our third party payment processors and its collection, use and disclosure is governed by their privacy policies. We encourage you to review the privacy policies of our third party payment processors.

(D) SUBMIT INFORMATION TO THE SITE.

We collect information, including Personal Information, that you submit to the Site. This includes any text, images, videos, photographs, messages and comments on message boards, product reviews and customer testimonials. If you choose to post content such as a product review to any public area of the Site (i.e., where content can be viewed by all users with or without user accounts), the Site will collect the information in your submission to the Site and the information contained in your posting will be visible to others, including any Personal Information you choose to include. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put Personal Information in your posts if you do not want it to be seen or used by others. Please keep this in mind when submitting content to any public area of the Site. We reserve the right to use any product reviews or customer testimonials for our marketing and promotional purposes, so please take this into consideration if you choose to include Personal Information in your product reviews or testimonials.

(E) SOCIAL MEDIA WEBSITES

If you engage in any interaction with Open Farm, other Site users or any third-party on any Open Farm social media account pages (“Social Media Pages”), you should be aware that: (a) the Personal Information that you submit by and through such Social Media Pages can be read, collected and/or used by other users of those websites/services (depending on your privacy settings associated with your accounts with the applicable social media websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Open Farm responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Open Farm’s social media accounts. We are not responsible for the Personal Information that you choose to submit on any Social Media Pages.

Your interactions with the Social Media Pages are governed by the privacy policies of the applicable social media websites. We encourage you to review the privacy policies and settings of the Social Media Pages with which you interact to help you understand those social media websites’ respective privacy practices. If you have questions about the security and privacy settings of any Social Media Pages that you use, please refer to the applicable social media website’s privacy notices or policies.

(F) COMMUNICATE WITH US.

We may also collect Personal Information from you when you communicate with us. For example, you may send us Personal Information by sending an email to us, subscribing to the Open Farm email list or through our Site contact form. If you contact us via the Site, we will require your full name and email address. You also have the choice to provide us with your city, state/province, pet type and name and any other information you choose to provide. We will keep a record of that correspondence in order to respond to your enquiries and to process your requests.

(2) PASSIVE COLLECTION OF TECHNICAL INFORMATION

Computer IP Addresses/Browser Type

We may collect certain non-personally identifiable information about you and your desktop computer when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.

Cookies When
a user visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable user’s computer and/or mobile device, as applicable. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience on the Site, as applicable. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Site Offerings, including for storing User preferences and tracking Site usage (such as pages opened and length of stay at the Site, as applicable).

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, he or she may still use the Site Offerings; provided, however, that certain functions of the Site Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.

Behavioral Tracking

Open Farm and its third-party partners, such as Google®, use Cookies, pixels and other tracking technology (collectively, “Tracking Technology”) to analyze trends, administer the Site, track users’ movements around the Site and to gather demographic information about our user base as a whole. Our third-party partners may use Tracking Technology to gather information about your activities on the Site and other websites in order to provide you with certain Open Farm advertising based upon your browsing activities and interests.

To learn more about how you can opt out of targeted advertising on the Site, please visit the “Ad Choices” website located at https://youradchoices.ca/. To be clear, whether you are opting out by adjusting your browser/device settings or by using a website established by a self-regulatory group, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.

Further, Users can opt-out of certain Google®-related tracking technology, and customize the Google® Display Network ads that they receive, by visiting the Google® Ads Settings at: http://www.google.com/settings/ads. Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is available here: https://tools.google.com/dlpage/gaoptout. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Site.

Lastly, users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance. Please note that opting out of this tracking activity does not opt you out of being served advertising. Even where you opt out of this tracking activity, you will continue to receive generic ads.

Cross Device Tracking

Open Farm tracks Users’ use of the Site Offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your Site Offerings experience. Open Farm may collect certain of your Personal Information across various devices. Please be advised that where you opt-out of having your use of the Site Offerings tracked across devices, you may need to upload certain information multiple times and/or input your log-in information multiple times.

Aggregate Data

Open Farm reserves the right to transfer and/or sell aggregate or group data about Users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Users as a group, without disclosing personally identifiable information.

(3) INFORMATION PROVIDED BY THIRD PARTIES.

Open Farm may collect information about you from third parties, such as data vendors, that those data vendors have collected pursuant to their own privacy policies. We may also supplement the information that we have collected from you with additional records received from such third parties. Information is collected from third parties in order to enhance our ability to serve you, to tailor our content to you, and to offer you information that we believe may be of interest to you.

USE AND SHARING OF YOUR INFORMATION

We use Personal Information and technical information to facilitate and improve our services, and communicate with you.

(1) INTERNAL AND SERVICE-RELATED USAGE.

We use and retain information, including Personal Information, to create and secure your Account, identify you as a user in our system, process your purchases and to administer, improve and facilitate use of the Site and our Site Offerings.

(2) COMMUNICATIONS.

We may send emails to the email address you provide to us to verify your Account, respond to your inquiries, to process your purchases and for informational and operational purposes, such as Account management, customer service and/or system maintenance.

(3) MARKETING.

By submitting your Personal Information by and through the Site Offerings, you agree that: (a) we may share, sell, rent, lease or otherwise provide that Personal Information (other than Sensitive Information) to any third-party for any purpose permitted by law; and (b) we may work with other businesses to bring selected third-party offers to you. These businesses and third-parties may include, but are not limited to: (i) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (ii) e-mail marketers; (iii) telemarketers (where permitted by applicable law); and (iv) direct marketers.

We may also use information about you, including Personal Information, to send you information about Open Farm products and services, as well as third-party products and/or services that we think may be of interest to you, in accordance with applicable law. You can choose to unsubscribe from receiving this information at any time by clicking on the unsubscribe link contained in each email, by contacting us or by using any of the other options available in the “Opt-Out/Unsubscribe” section below. Please note that even if you unsubscribe from receipt of marketing emails, we may still need to send you communications relating to your use of the Site and Site Offerings, such as service announcements or Account information (where applicable).

For United States residents, by submitting your Personal Information by and through the Site Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

For United States residents, where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive, from Open Farm, telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including text alerts via SMS text messages delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Site Offerings, and your consent simply allows Open Farm to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Open Farm of the Phone Number Change via e-mail at: support@openfarmpet.com, or by using one of the methods set forth in the “Contact Us” section below.

(4) TARGETED ADVERTISING.

We may combine Personal Information and technical information to help us deliver targeted advertising to consumers that is displayed on both Open Farm websites and unaffiliated websites, to measure the effectiveness of our advertising and advertising on behalf of our advertising partners, and to identify the audience most likely to respond to an advertisement. We believe that the use of such information is helpful to providing users with services that are better tailored to their interests and needs. However, if you would like to opt-out of these interest-based advertisements, please follow the opt-out process described below under “Your Choices.”

(5) TECHNICAL INFORMATION.

We may use anonymized, aggregated or other technical data for marketing, analysis, research and product development purposes. These uses may include, but are not limited to, analyzing interactions with and performance of the Site, enabling us to improve our Site and services, and sharing such information with our business partners, affiliates, or any other third party. We may enhance any such anonymized and aggregated data collected via our Site with other information collected from our business partners.

DISCLOSURE OF YOUR INFORMATION

We may share your information, including Personal Information:

• with your permission for the purpose(s) noted at the time such permission is sought;
• to comply with legal obligations; and
• to protect and defend our rights and property.

MARKETERS. We may share your Personal Information (other than Sensitive Information) with third parties for marketing purposes as otherwise described herein.

SERVICE PROVIDERS. We may share Personal Information with third party service providers who perform services on our behalf. These third parties are authorized to use your Personal Information only as necessary and in accordance with this Privacy Policy to provide these services to us, including:

• registering your Account;
• fulfilling subscription services;
• fulfilling orders;
• delivering orders;
• communicating with you about your order;
• payment processing;
• verifying your identity and preventing fraud; and
• sending, evaluating and improving marketing communications; and detecting, preventing and remediating fraud or other potentially prohibited or illegal activities.

We may also authorize third party service providers to use anonymized technical information in order to provide the following services to us:

• conducting research and analysis;
• conducting marketing analytics and measurement, including through Google Analytics;
• measuring and improving the performance of the Site; and
• developing and improving Open Farm products and services.

DISPLAYING TO OTHER USERS. The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name, if you submit a product review. We are not responsible for privacy practices or actions of other users who will view and potentially use the posted information. As noted above, we may use all or part of product reviews and customer testimonials in our advertising and marketing. While we will attempt to delete any sensitive Personal Information, please take this into consideration if you choose to include Personal Information in your reviews and testimonials.

AS REQUIRED BY LAW AND SIMILAR DISCLOSURES. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to comply with law enforcement requests and legal processes, such as a court order, government request, or subpoena. We may also access, preserve, and disclose your Personal Information, other account information, and content if we believe in good faith that disclosure is necessary to protect your, our or others’ rights, property or safety, or to investigate fraud.

MERGER, SALE, BANKRUPTCY OR OTHER ASSET TRANSFERS. 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, then your information may be sold or transferred as part of such a transaction. The use of your Personal Information following any of the foregoing events will be governed by the provisions of the Privacy Policy in effect at the time such Personal Information was collected.

PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION. Your Personal Information may be transferred to, processed and/or stored, in a foreign jurisdiction outside of the jurisdiction in which it was originally collected. As a result, your Personal Information may be subject to the laws of such foreign jurisdiction and may be accessible without notice to you by the courts, law enforcement and national security authorities of such foreign jurisdiction.

OPT-OUT/UNSUBSCRIBE

Please see our Privacy Provisions for California Residents below for instructions on how California Residents can opt-out of the sale of their Personal Information to third parties.

To opt-out of receiving e-mail and other forms of communication from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: support@openfarmpet.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from Open Farm, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to Open Farm, as applicable.

DELETING, MODIFYING AND UPDATING YOUR INFORMATION

Please see our Privacy Provisions for California Residents below for instructions on how California Residents can access and/or delete Personal Information that we have collected.

At your request, we will: (a) inform you of what Personal Information we have on file for you; (b) amend the Personal Information that we have on file for you; and/or (c) remove Personal Information that you have provided to us, or that we have otherwise collected. You may do so by e-mailing us at: support@openfarmpet.com. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your Personal Information may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the Personal Information that we have on file for you.

Please be further advised that, after you delete your Personal Information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

SECURITY OF YOUR INFORMATION

We endeavor to safeguard and protect our users’ Personal Information. When users make Personal Information available to us, their Personal Information is protected both online and offline (to the extent that we maintain any Personal Information offline). Where our registration/application process prompts users to enter Sensitive Information (such as medical information, driver’s license/ID card number, health insurance information, data collected from an automated license plate recognition system, Social Security Number and credit card information), and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).

Access to your Personal Information is strictly limited, and we take reasonable security measures to ensure that your Personal Information is not accessible to the public. All of our users’ Personal Information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need user Personal Information to perform a specific job are granted access to user Personal Information. Our employees are dedicated to ensuring the security and privacy of all user Personal Information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store user Personal Information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Information under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Information, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Information will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable law, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

CHILDREN’S PRIVACY

We do not knowingly collect, maintain, or use Personal Information from children under eighteen (18) years of age, and no part of the Site is directed to children under eighteen (18) years of age. If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@openfarmpet.com. If we learn that we have collected any Personal Information from children under eighteen (18) years of age, we will promptly take steps to delete such information and terminate the child’s account.

INTERNATIONAL USERS; INTERNATIONAL TRANSFERS

By using the Site, you acknowledge and agree that we will transfer data, including Personal Information, to Canada. By choosing to visit the Site or otherwise providing information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the Province of Ontario and the adjudication of any disputes arising in connection with Open Farm or the Site will be in accordance with the Terms of Use. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to Canada and processing globally. By providing your information, you consent to any transfer and processing in accordance with this Policy.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

Open Farm reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use Personal Information changes, Open Farm will notify users by: (a) sending the modified policy to our users via e-mail; and/or (b) by any other reasonable means acceptable under applicable law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

CONTACT US

We are accountable for all Personal Information in our custody and control and have designated a Privacy Officer, who is ultimately accountable for the handling of all Personal Information in our custody and/or control and for ensuring that the principles described in this Privacy Policy are being complied with. If you have any concerns, complaints, or if you would like further information regarding our privacy policies or practices, please contact our Privacy Officer by mail at Open Farm Inc., 170 Bedford Road, Suite 300, Toronto, Ontario, M5R 2K9, Canada or by email at support@openfarmpet.com.

PRIVACY PROVISIONS FOR CALIFORNIA RESIDENTS

These Privacy Provisions for California Residents (“Provisions”) supplement, and do not limit in any way, the Privacy Policy set forth above. These Provisions apply solely to residents of the State of California (“CA Users”). We adopt these Provisions in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in these Provisions. CA Users with disabilities who wish to access these Provisions in an alternative format can contact us by emailing us at: support@openfarmpet.com or sending us mail to: Open Farm Inc., 559 College Street, Suite 401, Toronto, ON M6G 1A9

Categories of Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular CA User or device (“personal information”). In particular, we have collected the following categories of personal information from CA Users within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, postal address, telephone number, passport number, driver's license or State identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	YES
F. Internet or other similar network activity.	Browsing history, search history, information on a User's interaction with a website, application or advertisement.	YES
G. Geolocation data.	Physical location or movements.	YES
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

 

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated CA User information.
• Information excluded from the CCPA's scope, such as:
• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources (with the specific categories of personal information indicated in parenthesis):

• Directly from our CA Users. For example, from online registration forms that our CA Users submit to us in connection with the products and/or services that we offer by and through the Site. (Categories A, B, C, D, E and G)
• Indirectly from our CA Users. For example, through information we collect from our CA Users in the course of providing our products and/or services to them. (Categories A, B, C, D, E, F, G and K)
• Directly and indirectly from activity on the Site. This includes the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet Service Provider. In addition, we obtain certain Site usage details and analytics as same are collected automatically by us and our third party partners. (Categories F and K)
• When our CA Users interact with us on our social media accounts, including commenting on and/or liking our posts. (Categories F and K)
• From third-parties that interact with us in connection with the products and/or services that we offer to our CA Users. For example, third party entities that assist us in sending direct and electronic mail, removing duplicate information from CA User lists, analyzing data and providing marketing analysis. (Categories A, B, C, D and F)

Use of Personal Information

We may use or disclose the personal information that we collect (including: (a) name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; and/or (e) credit card information) for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis):

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in connection with your purchase of products and/or services, we will use that information to process your order. (Categories A, B, C, D, E and G)
• To provide you with information, products or services that you request from us. (Categories A, B, C, D, E, F, G and K)
• To create, maintain, customize and secure your account with us. (Categories A, B, C, D, E, F, G and K)
• To provide you with e-mail, direct mail and telemarketing messages (including SMS messages where permitted by law) concerning certain Open Farm products and/or services, as well as third-party products and/or services, that we believe may be of interest to you. (Categories A, B, C, D, E, F, G and K)
• To deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. (Categories A, B, C, D, E, F, G and K)
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the Site’s Terms and Conditions. (Categories A, B, C, D, E, F, G and K)
• To improve the Site and better present its contents to you. (Categories A, B, C, D, E, F, G and K)
• For customer service purposes and to respond to inquiries from you. (Categories A, B, C, D and E)
• For testing, research, analysis and product development. (Categories A, B, C, D, E, F, G and K)
• As necessary or appropriate to protect our rights, property or safety, and that of our clients or others. (Categories A, B, C, D, E, F, G and K)
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Categories A, B, C, D, E, F, G and K)
• As described to you when collecting your personal information or as otherwise set forth in the CCPA. (Categories A, B, C, D, E, F, G and K)
• To evaluate or conduct 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 is among the assets transferred. (Categories A, B, C, D, E, F, G and K)

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you with notice.

Sharing Personal Information

Subject to your right to opt-out of such sharing/sale, we may share, rent and/or sell your personal information from Categories A, B, C, D, E, F, G and K (including: (a) name; (b) mailing/billing address; (c) e-mail address; and/or (d) telephone number): (i) with/to third parties for marketing purposes; and (ii) for the other business purposes set forth above.

When we disclose personal information to a third party service provider or other entity, we enter into a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract. Please note, we do not collect information from CA Users that we actually know are less than eighteen (18) years of age and we do not share or sell the personal information of CA Users that we actually know are less than eighteen (18) years of age. Without limiting the foregoing, we have not shared or sold the personal information of CA Users that we actually know are less than sixteen (16) years of age in the preceding twelve (12) months.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A Identifiers.
Category B California Customer Records personal information categories.
Category C Protected classification characteristics under California or federal law.
Category D Commercial information.
Category E Biometric information.
Category F Internet or other similar network activity.
Category G Geolocation data.
Category K Inferences drawn from other personal information.

We disclose your personal information (including: (a) name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; and/or (e) credit card information) for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis):

• Our affiliates. (Categories A, B, C, D, E, F, G and K)
• Service providers. (Categories A, B, C, D, E, F, G and K)
• Third parties who provide certain of the products and/or services featured on the Site. (Categories A, B, C, D, E, F, G and K)
• Third parties who purchase and/or license your personal information for marketing purposes, including: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. If a third party purchaser of your personal information wants to resell it, that purchaser is required by law to provide you with explicit notice and an opportunity to opt-out of further sales, unless the right to resell it was secured by us at the point of collection. (Categories A, B, C, D, E, F, G and K, but not credit card information)
• Third parties to whom you authorize us to disclose your personal information in connection with the products and/or services that we provide to you. (Categories A, B, C, D, E, F, G and K)

In the preceding twelve (12) months, we have sold the following categories of personal information to third parties:

Category A Identifiers.
Category B California Customer Records personal information categories.
Category C Protected classification characteristics under California or federal law.
Category D Commercial information.
Category E Biometric information.
Category F Internet or other similar network activity.
Category G Geolocation data.
Category K Inferences drawn from other personal information.

In the preceding twelve (12) months, we have sold the above referenced categories of personal information (including: (a) name; (b) mailing/billing address; (c) e-mail address; and/or (d) telephone number) to the third parties who purchase and/or license your personal information for marketing purposes, as well as the third parties who provide the products and/or services featured on the Site.

Your Rights and Choices

The CCPA provides CA Users (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Opt-Out from the Sale of Your Personal Information

You have the right to opt-out of our sale of your personal information to third parties. To exercise your right to opt-out of our sale of your personal information to third parties, please submit a verifiable CA User request to us by either:

• Clicking here
• Emailing us at: support@openfarmpet.com; or
• Sending us mail to: Open Farm Inc., 559 College Street, Suite 401, Toronto, ON M6G 1A9

We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) days of the receipt of your request.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable CA User request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we have shared that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable CA User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech rights, ensure the right of another CA User to exercise her/his free speech rights or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, but only if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with CA User expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability and Deletion Rights

To exercise your access, data portability and/or deletion rights described above, please submit a verifiable CA User request to us by either:

• Clicking here
• Emailing us at: support@openfarmpet.com; or
• Sending us mail to: Open Farm Inc., 559 College Street, Suite 401, Toronto, ON M6G 1A9

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable CA User request related to your personal information.

You may only make a verifiable CA User request for access or data portability twice within a 12-month period. The verifiable CA User request must:

• Provide sufficient information that allows us to reasonably verify that you are: (1) the person about whom we collected personal information; or (2) an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable CA User request does not require that you create an account with us. We will only use personal information provided in a verifiable CA User request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to all verifiable CA User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures that we provide will only cover the twelve (12) month period preceding the receipt of your verifiable request. The response that we provide will also explain the reasons that we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable CA User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; and/or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to these Provisions

We reserve the right to amend these Provisions in our discretion and at any time. When we make changes to these Provisions, we will notify you by email or through a notice on the Site’s homepage.

Contact Information

If you have any questions or comments about these Provisions, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by either:

• Emailing us at: support@openfarmpet.com; or
• Sending us mail to: Open Farm Inc., 559 College Street, Suite 401, Toronto, ON M6G 1A9