Definitions and interpretation
|Data||collectively all information that you submit to Columbia Care via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;|
|Cookies||a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below titled “Cookies”;|
|Data Protection Laws||any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;|
|GDPR (DSGVO)||the General Data Protection Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data;|
|Columbia Care, we or us||Columbia Care UK Limited, a company organized in England, whose registered office is at c/o Mackrell Solicitors, Savoy Hill House, Savoy Hill, London, United Kingdom, WC2R 0BU;|
|UK and EU Cookie Law||the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;|
|User or you||any third party that accesses the Website and is not either (i) employed by Columbia Care and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Columbia Care and accessing the Website in connection with the provision of such services; and|
|Website||the website that you are currently using, www.columbia-care.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.|
- the singular includes the plural and vice versa;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- “including” is understood to mean “including without limitation”;
- reference to any statutory provision includes any modification or amendment of it;
- For purposes of the applicable Data Protection Laws, Columbia Care is the “data controller”. This means that Columbia Care determines the purposes for which, and the manner in which, your Data is processed.
|Types of personal data we may collect||Examples|
|Identity data||name; title;|
|Contact data||address; email; telephone number;|
|Financial and transactional data||details of orders made and processed; details of payment received/made; details of invoices received/issued; details of cards used for payments;|
|Usage data||products purchased and prices paid; how you use and navigate the website;|
|Communication data||details of enquiries submitted by you or data you provide to us through our website, app or emailed to us; information obtained through networking;|
|Advertising profile data||assumptions about your predicted buying behaviour and interests based on the usage data we lawfully collect about you and combined with non-personal data we obtain from third parties;|
|Technical data||your IP address; your general geographic location based on your IP address; the type of device you use and its operating system and version; your browser type; the pages you view on our website and how you interact with that content; advertising identifiers (such as those on mobile devices, tablets and streaming media devices that include such identifiers).|
|Employment data||current and past employment, experience, qualifications, skills, interests and any other information disclosed by you.|
- We do not provide goods directly to children or proactively collect their personal data or knowingly collect their personal data. If you are under the age of majority, you should not download or use the Services nor provide any information to us. If you believe that we have received information relating to or from persons under the age of 18 please contact us at email@example.com. If we become aware that a person under the age of 18 has provided us with personal information we will take steps to delete such information.
- We may also collect, use and share anonymised, aggregated data such as statistical or demographic data for any purpose. Anonymised data may be derived from your personal data but is not considered personal information in law as this information does not directly or indirectly reveal your identity. For example, we may aggregate information on how you use our website to calculate the percentage of users accessing a specific website feature.
How we collect Data
- We collect Data in the following ways:
- data is given to us by you;
- data is collected automatically; and
- data from third parties and publicly available sources.
Data that is given to us by you
- Columbia Care will collect your Data in a number of ways, for example:
- when you contact us through the Website, by telephone, post, e-mail or through any other means;
- when you register with us and set up an account to receive our products;
- when you complete surveys that we use for research purposes (although you are not obliged to respond to them);
- when you enter a competition or promotion through a social media channel;
- when you make payments to us, through this Website or otherwise;
- when you elect and consent to receive marketing communications from us;
- when you use our services; or
- when you apply for a job with us,
Data that is collected automatically
- To the extent that you access the Website, we will collect your Data automatically, for example:
- we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
- certain pages on our Website may contain “web beacons” (also known as Internet tags, pixel tags or clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed and the type of browser used to view the page.
- we will collect your Data automatically via cookies, in line with the cookie settings on your browser and your consent. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.
Data from third parties and publicly available sources
- We may receive personal data from various third parties as set out below:
- identity and contact data from other individuals at your organisation
- information given to us by our clients and businesses that we work with
- technical data from analytics providers and/or search information providers; and
- employment, identity and contact data from recruitment agencies, previous employers, etc.
Our use of Data
- Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website or for marketing purposes. Specifically, Data may be used by us for the following reasons:
- internal record keeping;
- improvement of our products / services;
- transmission by email of marketing materials that may be of interest to you;
- contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customize or update the Website;
- We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
- For the delivery of direct marketing to you via e-mail, we will need your consent, whether via an opt-in or soft-opt-in:
- soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out.
- for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide.
- if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.
- When you register with us and set up an account to receive our products / services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
- We may use your Data to show you Columbia Care marketing materials and other content on other websites. If you do not want us to use your data to show you Columbia Care marketing materials and other content on other websites, please turn off the relevant cookies (please refer to the section headed “Cookies” below).
- We may process your personal data to comply with a legal obligation. For example, to notify you about changes to our terms or privacy notice; address a complaint; or comply with a request from a competent authority.
With whom we share Data
- We may share your Data with the following groups of people for the following reasons:
- any of our group companies or affiliates – to ensure the proper administration of your website and business;
- our employees, agents and/or consultants – to process enquiries from you.
- professional advisors – to obtain advice from professional advisers;
- third party service providers who provide services to us which require the processing of personal data for example IT service providers – to help third party service providers in receipt of any shared data to perform functions on our behalf to help ensure the website runs smoothly;
- third party payment providers who process payments made over the Website – to enable third party payment providers to process user payments and refunds;
- other third parties, if we are required to do so by law, or if we believe that such action is necessary to: (a) fulfil a government, or regulatory authority request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our websites or customers.
Keeping Data secure
- We will use technical and organizational measures to safeguard your Data, for example:
- access to your account is controlled by a password and a username that is unique to you.
- we store your Data on secure servers with encryption.
- Technical and organizational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorized access to your Data, please let us know immediately by contacting us via this e-mail address: firstname.lastname@example.org.
- If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
- Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
- You have the following rights in relation to your Data:
- Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
- Right to correct – the right to have your Data corrected if it is inaccurate or incomplete.
- Right to erase – the right to request that we delete or remove your Data from our systems.
- Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
- Right to data portability – the right to request that we move, copy or transfer your Data.
- Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
- Rights in relation to automated decision making and profiling – the right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you, or similarly significantly affects you.
- To make enquiries, a complaint, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: email@example.com. The revocation of consent is only valid prospectively.
- If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk.
- It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold and process it.
Transfers outside the UK
- Data which we collect from you may be stored and processed in and transferred to countries outside of the UK. For example, this could occur if our servers are located in a country outside the UK or one of our service providers is situated in a country outside the UK.
- We will only transfer Data outside the UK or EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, e.g. by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the ICO and/or European Commission as applicable.
- To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties with whom we share your Data. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
- Unless you do not consent to us using Google Analytics, Google Analytics (Google Inc. and its affiliates), may process your data in the course of providing analytical information to us about the use of our website. These service providers may collect and/or transfer your data outside of the UK or EEA.
Links to other websites
Changes of business ownership and control
- We may also disclose Data to a prospective purchaser of our business or any part of it.
- In the above instances, we will take steps with the aim of ensuring your privacy is protected.
- What are cookies? We may collect information using “cookies”. Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.
- All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
- Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Columbia Care to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
- This Website may place the following Cookies:
|Type of Cookie||Cookies Name||Purpose|
|Strictly necessary cookies||customer_session, customer_remember _Secure-3PSID||These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.|
|Analytical/performance cookies||_ga,||They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.|
|Functionality cookies||N/A||These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).|
- You can choose to enable or disable Cookies in your internet browser or you may visit the consumer page to manage the use of these types of cookies https://shop.col-care.uk/admin/config/cookies/config. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser.
- You can choose to delete Cookies at any time; however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalization settings.
- It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.