A. INTRODUCTION

McCrory Sunny Hill Nursery, LLC (DBA: GrowHealthy) and its affiliates (hereinafter referred to as “GrowHealthy”, “us”, “we”, “our”, or “Company”) have created the following Website Privacy Policy for when you visit our website at www.growhealthy.com, mobile and other applications, and any other services where this Privacy Policy is posted (collectively, our “Services”).

This Website Privacy Policy (hereinafter referred to as “Privacy Policy” or “Policy”) describes the type of information we may collect from you or that you may provide when visiting our website at www.growhealthy.com (“Website”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy is incorporated by reference into our Terms and Conditions of Use, as if set forth fully herein, which is also available on our Website. If there are any inconsistencies between our Privacy Policy and the Terms and Conditions of Use, this Privacy Policy controls.

This Privacy Policy applies to information we collect:

• On this Website and/or any our other Services.

• In email, text, and other electronic messages between you and this Website and/or our Services.

• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

• Through mobile and desktop applications you download from this Website or mobile application stores, which provide dedicated non-browser-based interaction between you and this Website.

It does not apply to information collected by:

• Us offline or through any other means, including on any other Services operated by GrowHealthy or any third-party (including our affiliates and subsidiaries); or

• Any third-party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be associated from or on our Services.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using our Services, you agree to this Privacy Policy. If you do not agree with our policies and practices, your choice is not to use our Services. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Services after we make changes to this Policy is deemed to be acceptance of those changes, so please check periodically for updates.

B. USE OF SERVICES BY PERSONS UNDER THE AGE OF 21 PROHIBITED

Our Services are intended for a mature audience. We do not direct any of our content at persons under the age of 21. Our Services are not intended for persons under the age of twenty-one (21) years of age. Any use of our Services by persons under the age of 21 is strictly prohibited.  No one under 21 years of age may provide any personal information to or on our Services. We do not knowingly collect personal information from persons under the age of 21. If you are under 21 years of age, do not use or provide any information on our Services, including our Website or through any of its features, including but not limited to: registering on our Services; making purchases through our Services; using any of the interactive of public comment features of the Website and other Services; or providing any information about yourself to us, including your name, address, telephone number, email address, or any username you may use.

The Children’s Online Privacy Protection Act (“COPPA”) requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age, and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our Services. We do not knowingly collect any information from children under the age of 13. In fact, it is a violation of our Privacy Policy and Terms and Conditions of Use for anyone under the age of 21 to access our Website and other Services. If we learn or have reason to suspect that we have collected or received personal information from a child under 13 years of age without verification of parental consent, we will promptly delete that information.  Do not supply to us or disclose on the Services any personal information of any person under 13 years of age, as we do not intend to collect information from anyone under 13 or invite them to participate in our Website and Services.

C. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users on our Services, including:

• Information by which you may be personally identified such as your name, address, date of birth, age, state of residence, email address, telephone number, Medical Marijuana Use Registry (“MMUR”) patient number, driver’s license number or other state issued non-military identification card number, IP address, unique device IDs, and any other identifier by which you may be contacted online or offline (“personal information”);

• Information that is about you but individually does not identify you, such as your MMUR Recommending Physician, data identifying the webpages you visited prior to and after visiting our Website, information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website;

• Information about your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us, e.g., information upon registration to our Services, delivery orders or other purchase orders submitted using our Services, information upon submission of contact inquiries via our Services.

• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons and other tracking technologies.

• From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Services may include:

• Details of transactions you carry out through our Services and fulfillment of your orders. You may be required to provide financial information before placing an order through our Services.

• Information that you provide by filling in forms on our Services. This includes information provided at the time of registering to use our Services, subscribing to our Services, posting material, contact inquiries, or requesting further information. We may also ask you for information when you report a problem with our Website.

• Records and copies of your correspondence (including email addresses and recorded telephone calls), if you contact us.

• Your responses to surveys that we might ask you to complete for research purposes.

• Your search queries on our Services.

You may also provide information to be published or displayed (hereinafter, “posted”) on public areas of our Website and other Services or transmitted to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Additionally, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

If you choose to complete a transaction on our Services, register on our Services, or otherwise create a User Account, you may be required to provide certain personal information. If you do not provide the requested personal information, you may not be able to access or use the features of our Services where such personal information is requested.

If you visit one of our retail locations or request product delivery, we may also collect personal information from your state issued non-military government identification card when you provide it to us, including your name, address, picture, MMUR patient identification card, driver’s license or other non-military government identification card number, and any other information on your non-military government identification card. We may also collect video, audio, and other images that we capture from our security cameras inside or around our retail locations.

Information We Collect Automatically

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Services, including traffic data, location data, date and time of your visit(s), and other communication data and the resources that you access and use on the Website.

• Information about your computer and internet connection, including your: IP address, which is the number associated with the service through which you access the internet, such as your ISP (Internet service provider); type of computer or device; browser type; search engine used; operating system; domain server; cookies that are installed on your device; and/or data identifying web pages you visited prior to and after visiting our Website.

We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (“behavioral tracking”), including but not limited to: information about the individual web pages or products that you view; what websites or search terms referred you to the Website; and information about how you interact with our Services. See California Do Not Track Disclosure for information on how you can opt-out of behavioral tracking on this Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.

• Store information about your preferences, allowing us to customize our Website according to your individual interests.

• Speed up your searches.

• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies): Cookies are small digital files placed on the hard drive of your computer or smartphone. Most web browsers automatically accept cookies. You may refuse to accept browser cookies by activating appropriate settings on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

• Flash Cookies: Certain features of our Website and other Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash Cookies are not managed by the same browser settings as are used for browser cookies. For more information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

• Web Beacons: Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related web statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

• Analytics: Analytics are tools we use, such as Google Analytics, to help provide us with information about traffic to our Website. These services use the data collected to track and monitor the use of our Website, which it shares with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network.

• Mobile Application Technologies: Mobile devices and mobile applications may automatically provide us with information about your device, your phone number, and your physical location if you access our Website through a mobile device.

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Information Collected Through Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on our Services are served by third parties, including advertisers, ad networks and services, content providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons and other tracking technologies, to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with internet-based behavioral advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. The use of these technologies by third parties is subject to their own privacy policies and is not covered by this Privacy Policy, except as required by law. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For more information about how you can opt out of received targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

TCPA Consent And Privacy Disclaimer

Notwithstanding any current or prior election by you to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by GrowHealthy, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your purchase and/or MMUR account, at any telephone number, or physical or electronic address you provide or at which you may be reached.

You agree that we may contact you in any way, including by SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system.

Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative of GrowHealthy calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS message (including via text message).

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your purchase and/or MMUR account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to GrowHealthy.

Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that GrowHealthy may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. GrowHealthy may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

Your consent here also serves as your express written consent to your past receipt of electronic communications from us.

You represent and warrant that:

• You are at least 18 years old
• You live in the United States
• You have not registered on a national or statewide Do Not Call list
• You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent
• The email addresses and phone numbers you provided are accurate, and you will let us know if you release them to another person or individual
• Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

D. HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including but not limited to any personal information:

• To present our Services and its contents to you.

• To provide you with information, products, or services that you request from us.

• To provide you with our Services and related products, promotions, and newsletters.

• To respond to your inquiries and provide you with requested information and other communications, including by email or text messages, and including alerts, notification of promotions, contents, and events.

• For marketing and advertising purposes, including sending you promotion material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications.

• To fulfill any other purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website or other Services, we will transmit the contents of that email and your email address to the recipients.

• To provide you with notices about your account, including expiration and renewal notices.

• To carry out our obligations arising from order fulfillment and delivery of goods.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and fulfillment purposes.

• To notify you about changes to our Website or any products or services we offer or provide through it.

• To allow you to participate in interactive features on our Services.

• To maintain, improve, customize, or administer our Services, perform business analyses, analyze business intelligence, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services.

• To manage, improve, and foster relationships with third-party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners.

• To comply with our Terms and Conditions of Use.

• To comply with any applicable laws and regulations and respond to lawful requests.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

We may also use your information to contact you about our own and/or third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

E. DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Privacy Policy in the following circumstances:

• Information Shared with our Subsidiaries and Affiliates: We may share your information with our subsidiaries and affiliates. If you do not want us to share your information with our subsidiaries and affiliates, please email us at support@growhealthy.com.

• Third-Party Service Providers: We may share your information with third-party service providers we use to support our business that perform certain functions or services on our behalf, such as to host the Services, fulfill products orders and delivery, provide products and services, provide marketing services, manage databases, perform analyses, process payments, provide customer service, or send communications on our behalf if you have not opted out of these disclosures. These third-party service providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose to them and are authorized to use your information only as necessary to provide these services to you. We continually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. In some instances, we may aggregate information we collect so third parties do not have access to your particular information to identify you individually. For more information, see Choices About How We Use and Disclose Your Information.

• Business Transfers: Your information may be transferred, sold, or otherwise conveyed to a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of GrowHealthy’ assets, whether as a going concern or as part of bankruptcy, liquidation, reorganization or similar proceeding, in which personal information held by GrowHealthy about our Service users is among the assets transferred.

• Online Communications (Chats, Forums, Surveys, Message Boards): If you correspond with us via email, questionnaires, surveys, social media, or other digital online platform, we may retain such correspondence and the information contained in it and use it to respond to your inquiry. Our Services may include online chat services, forums, and message boards that are available to you and other users. You are not required to provide any information when using these platforms,  but you may choose to do so. If you post personal information online, you agree that you have no expectation of privacy concerning that information, and it will be publicly available and that you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a chat service, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose information in these areas. To request removal of your personal information from our community forum(s), contact us at support@growhealthy.com. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to do so and why.

• Other Disclosed Purposes: We may disclose your information for any other purpose as disclosed by us to you when you provide the information.

• With Your Consent: We may share information for any other purposes consistent with this Privacy Policy with your consent.

We may also disclose your personal information in the following circumstances:

• Agreements: We may disclose your information that we believe, in good faith, is appropriate or necessary to enforce or apply our Terms and Conditions of Use and other agreements, including for billing, order fulfillment, order delivery, data analysis, and customer support purposes.

• Disclosure of Information for Legal and Administrative Reasons: We may disclose your information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your information; (iv) to protect and defend the rights, property or safety of us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, and the Website Service users; (v) to enforce or apply our Terms and Conditions of Use; and (vi) to verify the identity of the user of our Services.

• Public Safety Disclosures: We may disclosure your information if we believe or have a reasonable basis to believe such disclosure is necessary or appropriate to protect the rights, property, or safety of GrowHealthy, our customers, or others. This includes exchanging information with other companies and organizations for the purpose of fraud protection.

F. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

• Promotional Offers from the Company: You must opt-in to receive promotional offers from us. If you do not wish to have your email address and/or other contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by following the unsubscribe instructions provided on the promotional communication, by checking the relevant box located on the form on which we collect your data, or at any other time by logging into the Website and adjusting your under preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@growhealthy.com. If we have sent you a promotional email, you may opt-out by following the unsubscribe instructions provided on the promotional communication or send us a email to support@growhealthy.com  asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, product service experience or other transactions.

• Targeted Advertising: If you do not want us to use information that we collect or that you provide to use to deliver advertisements according to our advertiser’s target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data, or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving ads from our members of the Network Advertising Initiative (“NAI”) on NAI’s website.

G. ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at support@growhealthy.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms and Conditions of Use.

H. CALIFORNIA DO NOT TRACK DISCLOSURE

“Do Not Track” (“DNT”) is a preference you can set in your web browser to let the websites you visit know that you do not want them collecting information about you. GrowHealthy’s website does not currently respond to “Do Not Track” settings. For further details regarding DNT, visit http://donottrack.us/.

If you would like to opt-out of information sharing, please send us an email stating your request to support@growhealthy.com. Note that GrowHealthy’s Website and other Services require some information gathering in order to function properly, and in some cases, in order to meet cannabis regulatory requirements. As such, GrowHealthy’s Website and other Services may not be available for use if you opt-out of all information sharing.

I. DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

The safety and security of your information also depends on you. When we have given you (or where you have chosen) a password for access to certain parts of our Website and Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website and/or our Services.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website and other Services.  Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website and Services.

J. CHANGES TO THIS PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website homepage. Changes to our Privacy Policy will become effective on the date they are posted on our Services. We reserve the right to change, modify or amend this Privacy Policy at any time to reflect changes in our products and service offerings, accommodate new technologies, regulatory requirements or other purposes. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through notice on the Website homepage.

The date the Privacy Policy was last revised is identified on at the top of the Privacy Policy page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and Services and this Privacy Policy to check for any changes.

K. CONTACT INFORMATION

If you have any questions regarding this Privacy Policy and our privacy practices, or the information we have collected about you, please contact us:

Contact us via email: support@growhealthy.com

Contact us via phone: (800) 619-5288.