Privacy

Privacy Policy

Effective Date:

This Privacy Policy was last updated on December 7, 2021.

Beacon Compassion, Inc. d/b/a UpTop (“UpTop Dispensary,” the “Company,” “we”, “us”, or “our”) understands the importance of your personal privacy. We are committed to respecting the privacy rights of all individuals, and have adopted this privacy policy (“Privacy Policy”) to explain how we collect and process your information as defined below through your use of and interact with our website, when you call to place an order with us, how we share (or do not share) any of your information, how we store and keep secure any of your information, how you can update and control any of your information, the rights you may have with regard to your information, and other information relevant to your privacy.

Please review this Privacy Policy carefully, and please use the information contained in it to make informed choices about your privacy. This Privacy Policy applies to any activity or access you make with our website, located at www.UpTopDispensary.com (the “Site”), when you place an order with us via the Site, in person at one of our locations, or when you otherwise communicate with us about our products or services, including through email and text message/SMS (collectively, our “Services”). Use of our Site and/or of our Services is governed by, and subject to this Privacy Policy and our Terms of Use. The Terms of Use are incorporated into the Privacy Policy. By accessing our Site or otherwise engaging our Services, you are agreeing to all of the terms set forth in this Privacy Policy and the Terms of Use. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR OTHERWISE USE OUR SITE OR SERVICES.

Eligibility and the Protection of Children

To access our Site or to otherwise engage us in regards to our Services, you must be 21 years of age and either possess a valid medical marijuana card or be a medical marijuana healthcare provider to someone who possesses a valid medical marijuana card.

You must be 18 to access our Site and/or our Services. We do not knowingly collect information from anyone under age 13. If you are under the age of 13, do not use the Site, do not access our Services, and do not register with, order or purchase from, or provide any Personal Information to, us. If we find out that we have collected information from a minor under age 13, we will take all commercially reasonable steps delete that information immediately.

Federal Cannabis Regulations

Marijuana remains a Schedule I drug. The cultivation, processing, sale, and possession of marihuana and products are illegal under the federal laws of the United States and certain state laws. All UpTop marijuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold are not intended for resale or interstate transport.

Information We Collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what website or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often       include an anonymous unique identifier. For more information about cookies,   and how to disable cookies, visit http://www.allaboutcookies.org.
  • “Log files” track actions occurring on the Site, and collect data including your IP    address, browser type, Internet service provider, referring/exit pages, and            date/time stamps.
  • “Web beacons”, “tags”, and “pixels” are electronic files used to record information            about how you browse the Site.

Additionally when you sign up via our Site to receive emails from us, we collect your email information. When you create an account with us, we collect your name and account information, including password. When you make a purchase or attempt to make a purchase through the Site, we collect your name, payment information, phone number, address, location of the store you will be picking up your order, details about your purchase, medical marijuana card details, and health information. This can also include information you provide us about product evaluations, survey responses, and any other information you share with us when accessing our Site and/or Services. We refer to this information as “Order Information”. When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

We may obtain information about you from social media platforms that you use in connection with our Site or when using our Services, or that share or allow you to share information with us, such as Facebook, Twitter, Spotify, and Instagram. For example, if you post content to feeds on third-party social media sites or use social media platforms in connection with the Site, if you use credentials (e.g., username and password ) from a third party site to create or log into your account on the Site, or if you like us or follow us on social media platforms, we may collect the information that you share with us, or that those social media platforms share with us in accordance with their privacy policies and privacy settings. For more information about social media platform privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use. You may update your privacy settings on each social media platform directly.

How We Use Your Personal Information

We use the Personal Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Personal Information to:

  • Communicate with you;
  • Process your order;
  • Improve the Site and our products;
  • To facilitate, operate, and improve our business and lawful business activities;
  • To maintain our programs, accounts, and records;
  • Facilitate account creation;
  • To detect and screen our orders for potential risk or fraud and other technical issues;
  • To determine your level of engagement;
  • To comply with governmental regulations/laws or to respond to a subpoena or other   governmental, court, administrative, Member State, Supervisory Authority      or other legal requirement;
  • To enforce our Privacy Policy, our Terms of Use, our other policies, and to monitor for violations of our policies or other applicable laws;
  • For any other purposes for which you give consent;
  • For any other purposes communicated to you at the time we collect information and, if required, by law for which consent has been obtained
  • In the context of a bankruptcy, company dissolution, merger or acquisition;
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services; and
  • As described to you prior to our collection of your information or otherwise with your consent, implied or expressed.

We use Device Information and anonymized, de-identified and aggregated data generated to provide insights to our customers, including usage information about the use of our Site and the products our customers are orders, looking at buying, and where they are buying from. We also use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

How We Share Your Information

Your Personal Information is not sold, rented or leased to other organizations for commercial/business purposes and has not been in the last 12 months immediately preceding the effective date of this Privacy Policy.

We work with third-party service providers that supply website and application development, hosting, maintenance, storage, virtual infrastructure, payment processing, research, advertising, marketing, analysis, and other services for us, which may require them to access or use of your Personal Information. However, in the event one of our third-party service providers needs to access your Personal Information to perform services on our behalf, they must also agree to comply with all portions of this Privacy Policy. We engage and share certain Personal Information with third party service providers / partners as follows:

You can also opt-out of Google Analytics here:

https://tools.google.com/dlpage/gaoptout.

We urge you to read the privacy practices of all of our Third Party Vendors before submitting any Personal Information through Site or our Services.

We may disclose personally identifiable information as required by law or legal process.

We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.

We may transfer your personally identifiable information in connection with the sale or merger or change of control of the Company or any division responsible for the services with which your Personal Information is associated.

We may share your Personal Information  with an affiliate of UpTop Dispensary who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.

We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Finally, non-personally identifiable, Device Information, or aggregate information will be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at:

http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Analytics and Conversion Tracking

We may use analytics services that use cookies, JavaScript and similar technologies to help us analyze how users use the Service. The information generated by these services about your use of the Service (including your IP address (or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’ use of the Service, compiling reports for us on website activity and providing other services relating to website activity and Internet usage.

We may collect Device Information to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For example, we use cookies on our site for Google Analytics (the “Analytics Service”). The Analytics Service is a web-based analytics tool that helps website owners understand how visitors engage with their website. The Analytics Service customers can view a variety of reports about how visitors interact with their website so that they can improve it.

Like many services, the Analytics Service uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.

Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.

The Analytics Service collects information anonymously. They report website trends without identifying individual visitors. You can opt out of the Analytics Service without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

We may also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service.

Your Rights

Email Communications 

You may choose during the account registration process on the Site or for our Services, or otherwise, to provide us with your email address for the purpose of allowing us to send newsletters, surveys, offers, and other materials related to our products and Services. You may opt out of receiving these promotional communications from us by following the instructions in those communications (such as by using an “unsubscribe” link in an email you receive) or by contacting us at the contact information provided below. Even if you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

Phone/Text/SMS Communications

With your consent, we may collect text/SMS information to communicate with you via phone, text and/or SMS. Electronic communication is the most effective and timely way to provide the users of the Site and services with any optional or required notifications and disclosures. In some circumstances, however, applicable laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. You may opt out of receiving these promotional communications from us by following the instructions in those communications (such as by texting “STOP” in response to a text message you receive) or by contacting us at the contact information provided above. Even if you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

For users in the United States, through this Privacy Policy, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request paper copies of any electronic notifications you receive, you may contact us. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with internet access and an email account. You may opt out of receiving these promotional communications from us by following the instructions in those communications (such as by texting “STOP” in response to a text message you receive) or by contacting us at the contact information provided above. Even if you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from or on behalf of UpTop Dispensary.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Data Security

The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of our Service demonstrates your assumption of this risk. As a result, you use the Site at your own risk. When registering with us on the Site, we encourage you to choose passwords of sufficient length and complexity, install the latest security updates and anti-virus software on your computer to help prevent malware and viruses, not share your password with others, and review your account information periodically. If there is any unexpected activity or inaccurate information or if you have reason to believe that your information is no longer secure, please contact us using the contact information provided above.

We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personally identifiable information. For more information on protecting your privacy from identity theft, including how to install an identity freeze, please visit www.ftc.gov/privacy.

Do Not Track

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, we do not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

Data Retention

We only collect and process Personal Information that we need to perform the Services, including communicate with you, process an order or as otherwise described in this Privacy Policy. We have adopted policies that require us to delete or anonymize all data that are no longer required for the performance of these functions.

Your Disclosures In Blogs And Other Social Media

You should be aware that personally identifiable information which you voluntarily include and transmit online on the Service or in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We are unable to control such uses of your personally identifiable information, and by using the Service or any other online services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes.

If you login to the Sites and/or access our Services through your Facebook or other social media account, connect to a third party social media service such as Facebook or Twitter through an icon or link on the Service or otherwise link your UpTop Dispensary account with a third party service, we may share the contents of your post and associated information (such as your username, the fact that your connection originated from the Service, and other relevant usage and diagnostic information) with such third party. With your one-time consent, we may also send information about the content you watch and your activities on the Service to such third parties. Once such information is shared, the use of your information will be subject to that service’s privacy policy and this Privacy Policy will not apply.

Changes to this Privacy Policy

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use Personal Information in a way that materially differs from this Privacy Policy, including sharing such information with more third parties, we will post such changes here. Your continued use of the Site and/or our Services following the posting of any changes to this Privacy Policy means you accept such changes.

Update Your Information

If you would like to update or correct any Personal Information that you have provided to us, please email us at Info@uptopdispensary.com. Once we confirm your information, we will update such information within a reasonable amount of time.

International Users

If you are a user from a country outside the United States, and you choose to access the Site, you are deemed to consent to the transfer of any Personal Information you disclose from the country from which you reside or from which you access the Site to United States, as allowed by law.

Accessibility

We strive to assure that our Site is accessible.  If you experience any difficulty in accessing any part of the Site or this Privacy Policy, please contact us immediately.

Severability and Enforceability

To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

No Rights of Third Parties:

This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Service.

Servers

Our servers are maintained in the United States. By accessing the Site or engaging our Services, you freely and specifically give us your consent to export your personally identifiable information to the United States and to store and use it in the United States as specified in this Privacy Policy. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States.

Governing Law

This Privacy Policy and our legal obligations hereunder are subject to the laws of the State of Massachusetts regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the courts located in the State of Massachusetts, County of Middlesex, in all disputes arising out of or relating to the Services.

Contact Us

For questions or concerns relating to privacy, we can be contacted at

Info@uptopdispensary.com

315 Worcester RD

Framingham, MA 01701