Last updated on March 2023
ARTICLE I
INTRODUCTION
TILES ALBUM, (hereinafter “Company”) will be collecting information which you provide on the TILES ALBUM. Platform (hereinafter “Platform”), as a result of your use of TILES ALBUM’s:
(a) MobileApp
(b) websites, portals, mobile applications, channels, software, social media pages, applications, platforms and channels (collectively, the “Websites”) and
(c) including any services, features, media, functions, content, tools and links contained or offered therein (collectively, the “Services”). By accessing or using the Website or the App, You expressly accept all of the provisions of this Terms of Service.
These are collectively referred to as the “Platform”.
This Privacy Policy sets forth User’s rights with respect to User’s information, how to request User’s information and shall determine how said information may be used.
A. Definitions: These terms are used throughout this Privacy Policy and may not be defined in the sections or paragraphs they appear.
1) Consumers: users of our Services.
2) Organizer: event creators using the Services to create events for Consumers using our Services
3) Users: Consumers and Third Parties using our Services.
4) Company: TILES ALBUM, (also referred to as “we”, “us”)
5) Non Personal Data: any information that does not relate to a person and/or cannot be used to identify a person. When you interact with the Services, we may collect Non-Personal Data. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Data do not apply to Non-Personal Data.
ARTICLE II
INFORMATION
A. Account Information: User shall provide information to set up an account (a “UserAccount”). Said information may include, but is not limited to:
1) full name
2) e-mail address
3) home address
4) phone number
5) gender
6) profile
7) date of birth
Users will also be required to submit verification of their information. Said verification
may be driver’s licenses, passport, medical marijuana card, etc. User warrants and represents that said verification is valid and accurate, and acknowledges that Company will rely on said verification. To the extent that said verification is not valid and accurate, User holds Company harmless from any consequences which may result therefrom.
In setting up your account for some Services on the Platform, you may also be asked to share details about your personality, lifestyle, interests and other details about You, as well as content such as photos and videos. Some of the information You choose to provide may be considered “special” or “sensitive” in certain jurisdictions, for example your racial or ethnic origins, sexual orientation and religious beliefs. By choosing to provide this information, you consent to our processing of that information.
B. Public Content: User acknowledges that the Websites or Services provides a means to contribute feedback, experiences, posts and other communication such as reviews of products, tips, photos, videos, check-ins, comments tips, photos, videos, check-ins, comments, likes, posts, events, bookmarks, friends, lists, compliments, and User Account name and profile photo that will be open to the public (hereinafter “Public Content”).
C. Communications: User acknowledges that Platform provides a means to communicate with other Users, Retailers, or other brands through the Websites or Services. User acknowledges that should User opt in to Platform services, any such communication may be collected by Company to provide User with better service.
1) Communication may be collected from User’s use of any of the Websites or Services on Platform. Said communication may be logged and/or stored by Company.
2) Information collected through communication may be used to facilitate User’s navigation of the Websites and Services on the Platform, and to facilitate customer service and support. Collection of such information is necessary to send newsletters, surveys, offers, and other promotional materials. User may opt out of direct marketing e-mails by following the instructions contained within the promotional e-mails. User may also change communication preferences on User’s Account.
D. Transactional Information: Conducting a transaction through any of the Websites or Services on the Platform (the “Transaction Sites”), requires User to submit personal information such as name, telephone number, billing address, shipping address, and e-mail address.
1) Use of the Transaction Sites to complete credit card transactions and order fulfillment are handled by established third-party retailers, banking managers, processing agents, and distribution institutions. User’s information will be used by said third parties to verify and authorize credit card or other payment information and to process and ship the order, and are subject to their Privacy Policies.
2) Users may submit data that may be considered personal medical information, such as medical marijuana recommendations for orders placed through the Website or Services. This can include order history. Company may use this information to facilitate transactions, from receiving orders to sending communications about them to User. Some of this information will be shared with third parties, such as dispensaries or delivery carriers, to help
facilitate the transaction.
3) You may participate in promotional campaigns, surveys or other events in which you are required to provide your full name, phone number, mailing address, e-mail address and other personal information.
4) You may utilize location services on our Platform for the purposes of finding Services via your mobile device. Information about your approximate location from such devices may be collected. The Information that may be gathered include, but is not limited to:
(a) log in data and device information including browser type, domain name,
(b) the website the led you to our Platform
(c) the websites you go after leaving our Platform
(d) the dates and times you access our Platform, device ID, and browsing activities within our Platform (e.g., links you click, searches you run, searches you run, the date and time of your visit or order, the amount of time you spend on the specific pages, the businesses you call, e-mail or chat using our Platform the orders and purchases you make through our Platform).
E. Activity: Company may collect information about you, User, through the use of Websites and Services on the Platform, including geographic location, IP address, browser type, domain name, and User’s tendencies and preferences while on the Platform. The purpose of this gathering of information is to allow Company to provide User with Websites and Services that are specific to User’s taste and overall lifestyle.
F. Third-party Cannabis Related Businesses: Through our platform, you will have access to Retailers/Vendors who can supply you product. These Retailers/Vendors will be referred to hereinafter as CRBs. Said CRBs may provide us with information about you. Said Information may be personal information which may include preferences, frequency of use, etc.
1) Your transactions with CRBs may involve the use of point of sale providers (hereinafter POS) whose function is to enable the CRBs to process and complete your transactions. They also help the CRBs manage inventory, maintain records and report transactions in compliance with any applicable laws. The POS may share Information you give in completing your transactions with us to allow us to enrich your use of the Website and Services.
2) The CRBs may obtain other Information about you through promotional programs. They may share that information with us.
G. Third-party log in service: If you use a third-party log-in service such as Twitter, Facebook, or Google, the provider of the third-party log-in service will share personal information about you (name, address etc.) with us so we can create your User Account.
H. Internet or other electronic network activity: When you use the Website and Services, certain information such as browsing history, and search history may be collected. Said information is obtained from your browser and device using cookies, tags, pixels, and other similar technology.
1) Such information is used to enhance your experiences on the Platform. The Information allows us to personalize the offers available to you.
2) The information is also used by us to conduct market research and data analysis to improve the services provided to you.
ARTICLE III
USE OF INFORMATION
A. Purpose of information: Company may collect and use information for the following purposes:
1) To track usage of the Websites and Services, analyze system administration, debug and identify repairs, and back up our systems to allow for disaster recovery, based on our legitimate interest in operating and administering the continued availability our Services and Websites.
2) To detect security incidents and protect, investigate, prevent, and potentially take action against possible deceptive, fraudulent, unauthorized, malicious or illegal activities, and to respond to claims that Website content is inauthentic, counterfeit, or otherwise violates the rights of third parties, based on our legitimate interest in promoting the safety and security of the systems and applications used for our Websites and Services and in protecting our rights, your rights, and the rights of others.
3) To improve, upgrade, and enhance the Websites and Services, based on our legitimate interest in providing you and other users with an optimal user experience.
4) To enforce our Terms of Use, this Privacy Policy, Data Policy, Community Standards, and any other policies governing your access to or use of any of the Websites or Services.
5) Any other purpose you consent to either explicitly or implicitly by your use of the Platform.
B. Sharing of Information: Company does not generally share User’s personal information, but may (as a result of your explicit consent or implied consent by virtue of your use of the Platform) in the following limited circumstances:
1) With third parties such as dispensaries to fulfill orders or requests placed by User on the Platform
(a) conducting a transaction through our Website or Services may result in us sharing your Information with CRBs in order to complete said transaction.
(b) if as a result of your use of the Website and Services you contact a CRB, we may share basic information about your contact such as the date and time you contacted them.
2) Company may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses, or to protect Company, our Platform, or any rights, property, or personal safety of Company or others.
(a) we may disclose your information to government officials, law enforcement or private parties if: i) it is reasonably necessary in order to comply with federal, state, or local lawful requests; ii) it is reasonable to do in order to prevent, investigate, or identify possible wrongful conduct in connection with our Platform; iii) it is necessary to do so in order to protect our rights, reputation, property, or that of our users, affiliates, clients, partners, or the public.
3) In the event that Company is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal) involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction and such acquirer or merged entity may thereafter utilize your personal information in accordance with this Privacy Policy. Finally, in the event of insolvency, bankruptcy, or receivership, information may be transferred as a business asset. You acknowledge and agree that any successor to or acquirer of Eventbrite (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.
4) Company may also share your information with our affiliates as described above for any purpose consistent with this Privacy Policy.
5) Company may share your information with service providers who perform services on our behalf in order to ensure maximum efficiency and benefit to users such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, marketing and promotional features, identification verification, product listings, and brand management.
6) As a Platform, there are third-party listings on the Platform. User acknowledges that they are third parties even if, by the appearance on the Platform, they may seem to be part of Company. By interacting with said third party, User is sharing their personal information with said third parties.
7) If you log in from a third party service such as Twitter, Facebook, Google or Apple, we and the third party may receive and share information about you and your use of our Platform.
(a) You may connect your account to your accounts on third party services like Facebook, in which case we may collect, use, disclose, transfer and store/retain information relating to your account with such third party services in accordance with this Privacy Policy. For example, if you connect with Facebook, we store your Facebook id, first name, last name, email, location, friends list and profile picture and use them to connect with your Facebook account to provide certain functionality on the Services, like recommending events that your Facebook friends are interested in and sharing the events you are interested in, or attending, with certain groups of people like your Facebook friends.
(b) In addition, when you “like” or “follow” us on Facebook, Instagram, Twitter or other social media sites (to the extent we provide that capability), we may collect some information from you including your name, email address, and any comments or content you post relevant to us. We likewise may collect your information if you sign up for one of our promotions or submit information to us through social media sites.
8) Company may share your Information in marketing with third parties (advertisers, brand managers and content distributors).
9) User’s Medical Marijuana Information will NOT be used for marketing purposes, except in the aggregate or with your consent.
10) When you register for an event, sign up for communications, enter a contest, or otherwise input your Personal Data (such as through a web form) to communicate with an Organizer or participate in an Organizer event, that Organizer will receive that information. For instance, if you input your name and email address into a web form for an Organizer offer, activity or event, the Organizer will receive that information. The Organizer may then send you marketing or other communications, which may be subject to its own, separate privacy policy. Likewise, if you provide your mobile phone number, you may receive information messages related to the service, event, activity or information in which you’ve expressed interest.
(a) We are not responsible for the actions of these Organizers, or their Third Party Organizers (or other downstream recipients of your Personal Data), with respect to your Personal Data. It is important that you review the applicable policies of the Organizers, and if applicable and available, their appointed Third Party Organizers, of an event (and the related fundraising page, if applicable) before providing Personal Data or other information in connection with that event or related fundraising page.
ARTICLE IV
COOKIES
A. Company may use cookies, web beacons, tags, scripts, local shared objects such as HTML (and all versions thereof), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology (“Cookies”) in connection with the use of the Websites or Services. Company may also use third parties, like Google Analytics or Optimizely, to help process this information.
B. Cookies collect and transmit information about User, such as your use of the Platform; your browser type, search preferences, IP address; and the date and time of your use. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in e-mails Company sends to you, and on our web pages.
C. Company may use both session-based and persistent Cookies. Session-based Cookies exist only during one session and disappear from your device when you close your browser or turn off your device. Persistent Cookies remain on your computer or device after you close your browser or turn off your computer.
D. Cookies used may be of the following different categories of Cookies:
1) Operationally Necessary. Cookies used for the proper operation of Websites, Services, and relevant essential applications, features, and tools. This includes but is not limited to technologies (i) that allow you to access our Services, applications, and tools, (ii) that are required to identify irregular site behavior, prevent fraudulent activity, and improve security, or (iii) that allow you to use our other ancillary functions such as shopping carts, saved searches, or similar features. If you prevent these cookies, we cannot guarantee that the Websites or Services will function.
2) Performance Related. Performance-related cookies collect information related to your use of the Website or Services, such as web page analytics or error reports. These Cookies are used to assess the performance of our Websites, Services, and relevant applications, features, and tools, and to help understand how people use them.
3) Functionality Related. Functionality-related cookies offers enhanced functionality and personalization when accessing or using the Platform (Websites, Services, and relevant applications, features, and tools). This may include technologies (i) that identify you when you sign into our Websites or Services, (ii) that keep track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Websites or Services, (iii) that determine if you have interacted with our messaging and notifications, or (iv) that improve upon or create new Website content, applications, products, Services, features, or tools.
4) Advertising or Targeting Related. Marketing cookies help to deliver content, including ads relevant to your interests, on our sites or on third-party sites. This involves using technologies to understand data relating to advertisements that have been displayed to you or that you have clicked on. This helps us determine the usefulness of the advertisements and content that has been delivered to you.
a) Company may work with third parties to enhance the Platform for User’s benefit, and these companies use their own cookies when they serve you content on our site. Company may not have access to or control over the Cookies they use.
E. Managing Cookies: It may be possible to delete, block, or disable Cookies through your device or browser settings. User acknowledges that such action may result in User’s inability to access all the features of Platform. The method for disabling Cookies may vary by device and browser, but can usually be found in preferences or security settings. Please note that disabling a cookie or category of cookies does not delete the cookies from your browser unless manually completed through your browser function.
ARTICLE V
THIRD PARTIES
A. Third parties may receive information about you as follows:
1) Advertisers: Company does not disclose your personal information to third parties for the purpose of directly marketing their services to you unless you first agree to such disclosure. However, we may allow third-party Cookies to collect the same type of information for the same purposes that Company does for itself. In doing so, Company adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.
2) Service Providers: Company may rely on third parties to provide some of the features and services that are available through the Websites or Services, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, point-of-sale service providers, marketing and promotional features, product listings, and brand management. In order to facilitate this, it may be necessary to share information from or about you with these third-party providers so that they may, for example, complete your requests. To the extent that Company uses third parties such as Google Maps API, this Privacy Policy shall incorporate theirs by reference.
a) Note that point-of-sale service providers may use your order-related information as required to process and report cannabis transactions under applicable law. b) There may be instances where your information such as location identifiers, Medical Marijuana Information, and requested products may be shared by us in order to facilitate your order. Such information may be necessary to ensure proper handling of your transaction under the rules and regulations where you are located.
c) Note that the CRB may share your information with the point-of-sale service provider to complete your transaction.
B. Aggregate Information: Company may share user information in the aggregate with third parties such as advertisers, brand managers, and content distributors. Where possible, Company will attempt to keep User anonymous in these instances.
C. Businesses on Platform: Company may share information from or about User (such as age and gender, devices, and use of the Websites and Services) with third-party businesses listed on the Websites or Services. Said businesses may see your Public Content and receive information about your transactions as defined in Section III B above.
D. Unlawful activity: Company does not allow User to conduct any unlawful activity on the Platform. In the event User does engage in unlawful activity, and/or Company suspects such, Company may and disclose information from or about User to third parties like law enforcement. Company will only take this action based on a good faith belief that such investigation or disclosure: (i) is reasonably necessary to comply with federal, state, or local legal process and legally binding law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (ii) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Websites or Services; or (iii) protects our rights, reputation, property, or that of our users, affiliates, clients, partners, or the public.
ARTICLE VI
MANAGING AND DELETING INFORMATION
A. Right to Access and Manage Your Information: As the owner of the Information, User must maintain the accuracy of the personal information in the User Account. In order to do so, User has the right to access, review or amend/update the information contained in the User Account.
1) In order to exercise the right, User must submit a Data Request to Company pursuant to the procedure contained herein.
B. Right to delete User information: While User has the right to delete certain personal information doing so may affect the accuracy and availability of services on Websites or Services.
1) Certain information must be retained for legitimate business or legal purposes, or for any purposes authorized under this Privacy Policy unless prohibited by law. Such information includes, but is not limited to information necessary to establish User’s legal standing to use the services provided on Company’s Platform, or information Company is legally required to retain to prevent, investigate, or identify possible wrongdoing in connection with the Websites or Services, or to comply with legal obligations. Some information may be retained in a limited internal purpose for internal administration, such as in backup files maintained for data integrity and disaster recovery. Company will take steps to delete information where reasonably possible.
2) We and third-party businesses listed on the Websites or Services may be required to maintain records of purchases for a limited period pursuant to federal, state, or local law. Also, any public postings or other communications you have made on the Websites or Services, such as in forums or blogs, generally cannot be removed, so please be mindful of the information you include there.
ARTICLE VII
THIRD PARTY USER DATA
A. Third-party businesses: Third-party businesses using the Websites and/or Services may bring their own Users (“Third-party Users”) to Platform and submit electronic data or information in their possession about their own Users (“Third-party User Data”). Such information may include, but is not limited to name, location, email address.
B. Company use: Any use of Third-Party User Data by Company is subject to this Privacy Policy, the Terms of Use, the Data Policy, the Community Standards, or any applicable laws or regulations.
C. Third-party User Access: Third-party Users may access their information to revise or delete their data, subject to the provisions set forth in Article VI above, by accessing Article VII below.
ARTICLE VIII
ACCESS TO INFORMATION
A. Procedure: In the event User desires access to User’s Information, the following procedures must be followed.
1) User must notify Company in writing (via email) of User’s request.
2) User must verify identity in order to proceed with access to User’s Information. Verification shall be of the type set forth in Article II A above.
3) User’s personal information will be released ONLY to User.
B. Response to request for access: Upon proper request for access, Company will arrange for User access.
1) Company shall respond within thirty (30) days of Request.
C. Excessive requests: In the event User makes multiple or excessive requests for access, Company may charge an administrative fee, or in the alternative, if Company determines that User has made multiple requests that may be unreasonable and burdensome, Company may refuse access.
D. Company contact information: User shall submit Requests to: info@lnxct.com.
ARTICLE IX
RIGHT TO CANCEL OR MODIFY MARKETING COMMUNICATIONS
A. User right to cancel: User may cancel or modify the e-mail marketing communications received from Company.
B. Procedure: User may cancel by following the instructions contained within the promotional e-mails or, in some cases, by logging into User Account and changing your communication preferences.
C. Limited nature of opt out: Canceling or modifying will not affect subsequent or different subscriptions–if your opt-out preferences are limited to certain types of e-mails, the opt-out will be so limited. In addition, User cannot opt out of receiving certain administrative, transactional, or legal messages Company may send in the course of legitimate business if User has signed up for a User Account and/or uses certain features.
1) Such announcements can be terminated by closing the User Account.
ARTICLE X
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
A. California User rights under the California Consumer Privacy Act (“CCPA”): California consumers have certain rights in addition to those set forth in this Privacy Policy regarding personal information. You have the right to request the following information:
1) the categories of personal information (as defined in California Civil Code Sec. 1798.80(e)) we have collected;
(a) information collected when you created your User Account, used the Website and Services.
2) the categories of sources from which your personal information is collected;
3) the business or commercial purpose for collecting or selling your personal information;
4) the categories of third parties with whom we share personal information;
5) the specific pieces of personal information we have collected about you; mailing address, account name, social security number, driver’s license number, passport number or any other such information.
B. Right to delete: User may request Company delete any of the personal information that collected from User as a result of use of the Platform and retained, subject to certain exceptions.
C. Exercise rights: To exercise any of the rights listed in this section, User must follow the procedures set forth in Articles VI – IX above.
1) Any disclosures provided will only cover the 12-month period preceding the verifiable Request’s receipt.
2) If Company is unable to comply with a request, User will be informed of the reason why.
D. Information Collected: The information collected and the use thereof is as set forth in this Privacy Notice above.
1) Information collected generally is not sold (as such term is defined in the California Consumer Privacy Act).
(a) If said personal information were to be sold, it will not be done without providing User the opportunity to opt out.
(b) “Sold” under California law may include using targeted advertising on our Website or Services. It may also include how third party services are used on the Website and Services.
E. Cal Civ Code Sec 1998.83 Disclosure: User has the right to opt out of information sharing as set forth in Article IX, Section C of this Privacy Policy, however as set forth therein there are some instances where User cannot opt out or in.
1) With regard to the information obtained for which User cannot opt out of, User may request and obtain from Company once a year and at no charge, a list of the kinds of personal information that the business has disclosed to third parties for direct marketing purposes during the preceding calendar year; and the names and addresses of all of the third parties that received personal information from the business for direct marketing purposes during the preceding calendar year. If the nature of the third parties’ business cannot be reasonably determined by its name, the business must also provide examples of the products or services marketed by the third party “sufficient to give the customer a reasonable indication of the nature of the third parties’ business”, if known by the business.
F. Non-Discrimination Policy: California residents who choose to exercise the rights described in this section will not be denied any goods or services, charged different prices or rates, or be provided a different level or quality of goods or services unless those differences are related to your personal information.
1) We will not discriminate against you for exercising any of the rights set forth herein.
ARTICLE XI
SECURITY
A. Company measures: Company has implemented a number of measures to help protect your personal information. These measures include, but are not limited to, minimizing access to personal information to employees with a need to access it, and encrypting personal information provided through the Platform. Said measures provide protection to the best of Company’s ability.
B. User’s efforts: User may protect personal information by engaging in practices such as choosing a robust password for your device and/or account that nobody else knows or can easily guess, and keeping your log-in and password private.
1) It is important for User to protect against unauthorized access to User’s account, password, and computer. Be sure to sign off of your account when finished, especially when using a shared computer.
C. Compromise by third-parties: Company is not responsible for the actions or activities of unauthorized third parties who compromise our security measures, and Company cannot be responsible for such unauthorized party’s access, acquisition, or distribution of User’s personal information. If Users believe personal information has been compromised, User must notify Company immediately using the contact information above.
D. Company may retain some personal information about User in accordance with our record retention policies, as required by law, or as required for the achievement of the purposes of the processing as mentioned above (e.g., to enforce any agreements or provide a product/service).
ARTICLE XII
CHANGES TO PRIVACY POLICY
A. Changes: It may become necessary for Company to make changes to this Privacy Policy to as a result of changes in the market place, advancements in technology, and/or enhancements, among other things. When changes are made to this Privacy Policy, Company will notify Users by:
1) sending an e-mail to the e-mail address you most recently provided; or
2) sending a push notification or in-app notification; or
3) prominently posting a notice of the changes on those Websites.
4) in addition, Company will post privacy policies or statements on Websites or Services where those additional policies apply.
ARTICLE XIII
EXCLUSIONS
A. Personal Information Provided to Others: This Privacy Policy does not apply to any Personal Information that you provide to another User or visitor through the Services or through any other means, including to Organizers on event pages or information posted by you to any public areas of the Services.
B. Third Party Links: This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
C. Childrens Online Privacy Protections Act: We do not knowingly collect Personal Information from children under the age of thirteen (13). If you are under the age of thirteen (13), you are not authorized to be on the Platform and you must exit immediately and please do not submit any Personal Information through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through the Services, please contact us and we will endeavor to delete that information from our databases.