(a) websites, portals, mobile applications, channels, and software, including hooshdelivery.com social media pages and channels (collectively, the “Websites”); and
(b) any services, features, media, functions, content, tools, and links contained or offered in the Websites (collectively, the “Services”).
(i) sending an e-mail to the e-mail address you most recently provided; or
(ii) sending a push notification or in-app notification; or
(iii) prominently posting a notice of the changes on those Websites.
2. Information We Collect And How We Use It
Information We Collect
We collect certain types of information in order to better provide our Websites and Services to all of our users. The types of information we may collect, and how that information is used, depends on how you use our Websites and Services.
- Account Information: If you create an account on any of the Websites or Services (a “User Account”), you may submit your full name, e-mail address, home address, phone number, zip code, gender, a profile bio, and birth date. Some users may also submit their means of age verification (e.g., driver’s license) or medical marijuana recommendation, including their recommending doctor’s name and license number, contact information, verification methodology, and verification number. We use this information to facilitate the creation and continued security of your User Account and to assist in facilitating transactions that you initiate through the Websites and Services. We also use it to identify you as a user in our system based on a legitimate interest in providing, personalizing, and improving the Services for an optimal user experience. See below for more on Managing and Deleting Your Information.
- Public Content: The information that you contribute or post on the Websites or Services is intended for public consumption, including your reviews, tips, photos, videos, check-ins, comments, likes, posts, events, bookmarks, friends, lists, compliments, and User Account name and profile photo.
- Communications: When you sign up for a User Account or use certain features, you can opt-in to receive social, transactional, marketing, or administrative messaging from other Hoosh Delivery users, businesses, and Hoosh Delivery itself. You may also exchange messages with Hoosh Delivery administrators, or other users.
Messages that you exchange through the Websites or Services are saved. If you send or receive messages through the Websites or Services via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. We may also store the information that you provide when you communicate with us, including phone calls, letters, e-mails, and other electronic messages, or in person.
This information is largely used to process and deliver those messages, based on our legitimate interest in facilitating communications and responding to you for things like customer support. We also use it to send newsletters, surveys, offers, and other promotional materials. You may always opt out of our direct marketing e-mails by following the instructions contained within our promotional e-mails or, in some cases, by logging into your User Account and changing your communication preferences.
- Transactional Information: If you initiate a transaction through any of our Websites or Services (the “Transactable Sites”), you may submit personal information such as your name, telephone number, billing address, shipping address, and e-mail address.
To most efficiently serve you when placing orders through our Transactable Sites, credit card transactions and order fulfillment are handled by established third-party banking managers, processing agents, and distribution institutions. They receive only the information required to verify and authorize your credit card or other payment information and to process and ship your order. You may submit your credit card information when you engage in a transaction on the Hoosh Holdings store. We encrypt this information using industry-standard technology.
Some users may also submit data that may be considered personal medical information, such as medical marijuana recommendations for orders placed through the Transactable Sites. This can include order history. We use this information to facilitate your transaction, from receiving orders to sending communications about them to you. Things like order history can help populate forms for future transactions. Some of this information will be shared with third parties, such as dispensaries or delivery carriers, to help facilitate the transaction you initiate.
- Activity: We may collect information about you through your use of our Websites and Services, including geographic location, IP address, browser type, domain name, the website that led you to the Websites, the website to which you go after leaving the Websites, the dates and times you access the Websites, device ID, and activities within our Websites or Services (e.g., links you click, searches you run, the date and time of your visit or order, the businesses you call or e-mail using our mobile applications, and the purchases you make through the Transactable Sites).
We do this to customize the advertising you view and to recommend content based on our legitimate interest in advertising our Websites and Services. We also do this to provide user base demographics to our listing providers in order to help connect you to those business and facilitate your transactions with them.
Further, we may collect certain information with the help of cookies and other tracking mechanisms--please see our Cookies section below for more information.
“Do Not Track” requests
Hoosh Holdings may track its customers over time as they browse third-party sites, in order to provide intelligent, customized advertising, and currently does not recognize Do Not Track (“DNT”) signals from web browsers, as the Internet industry is still working on DNT standards and solutions.
In addition, some third parties may collect your information when they serve you content on our site. This enables them to tailor what they present to you over time. Many web browsers allow you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. Please review your web browser’s internet options for more details.
How Hoosh Holdings Uses Your Information
In addition to the above, we also collect and use information for the following purposes:
- 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.
- 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.
- 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.
How Hoosh Holdings Shares Your Information
We generally do not share your personal information, except in the following limited circumstances:
- We may share your personal information at your direction, including with third parties such as dispensaries to fulfill orders or requests you place on our Websites.
- We may share your information with other third parties who perform legitimate services on our behalf as described in Section 4 below.
- We 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 Hoosh Holdings, our Websites and Services, or any rights, property, or personal safety of Hoosh Holdings or others.
Cookies collect and transmit information about you, such as your use of the Websites or Services; 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 we send to you, and on our web pages.
We 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.
We use the following different categories of Cookies:
- Operationally Necessary. We use these Cookies for the proper operation of our Websites, Services, and relevant essential applications, features, and tools. This includes 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.
- Functionality Related. Functionality-related cookies offer you enhanced functionality and personalization when accessing or using our 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.
- Advertising or Targeting Related. Marketing cookies help us 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.
We also work with third parties to help better serve you, and these companies use their own cookies when they serve you content on our site. For example, when using our Website or Services, you may encounter embedded content or you may be directed to other websites. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt out of some of their practices by visiting the following links: Network Advertising Initiative, Omniture, and Digital Advertising Alliance.
Managing Cookies: It may be possible to delete, block, or disable Cookies through your device or browser settings, but doing so can affect the functionality of the Websites and Services and may prevent you from accessing certain features. 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.
4. Third Parties
Third parties may receive information about you as follows:
- Advertisers: Hoosh Holdings 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 Hoosh Holdings does for itself. In doing so, Hoosh Holdings adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.
- Service Providers: We 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, marketing and promotional features, product listings, and brand management. We may share information from or about you with these third-party providers so that they may, for example, complete your requests.
- Aggregate Information: We may share user information in the aggregate with third parties such as advertisers, brand managers, and content distributors. For example, we may disclose the number of users that have been exposed to or clicked on advertisements or certain products available in the Transactable Sites, or the general characteristics of such users. We attempt to anonymize this data wherever possible.
- Businesses on Hoosh Holdings: We may share information from or about you (such as your age and gender, your devices, and your use of the Websites and Services) with third-party businesses listed on the Websites or Services, for example, when placing orders. Keep in mind that businesses may see your Public Content and receive information about your transactions as defined in Section 2 above, regardless of your settings.
Additionally, if you make a phone call to a business through or in connection with your use of the Websites or Services, we may share basic information about your call with the business that you contacted, such as the date and time of your call and your phone number (this same information would have been available to the business had you contacted them directly, and not through the Websites or Services). You may be able to limit our ability to collect and share your phone number through your phone’s settings or phone service provider.
- Investigations: We may investigate and disclose information from or about you to third parties like law enforcement if we have 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.
5. Managing And Deleting Your Information
Your Right To Access and Manage Your Information
You have the right to access, review, correct, or update the information you provide to us as part of your registration for a User Account with our Websites or Services.
You can exercise this right and manage your own information by updating your User Account directly or by submitting a Data Request to us pursuant to the section below. You are responsible for the information you provide to us, and you should maintain the accuracy of the personal information in your User Account so that we can best provide products and services to you.
You may also be able to disallow our use of certain location data through your device or browser settings, for example by disabling “Location Services” for the Hoosh Holdings application in iOS privacy settings. Please note, however, that disabling Location Services may adversely impact your experience with the functionality of our Website or Services, and enabling such services may be necessary in some cases to allow certain transactions.
Your Right To Delete Your Information
You have the right to delete certain personal information you provide to us as part of your registration for a User Account with our Websites or Services, or that you submit through the Transactable Sites. Keep in mind, we need this information to provide account management and access, and if you choose to delete information, you may not be able to take advantage of certain features of the Websites and Services. Should you choose to delete information, you can exercise this right by submitting a Data Request to us pursuant to the section below. We will never discriminate against you should you choose to exercise these rights.
You also cannot delete information associated with past purchases because 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.
If your personal information has been submitted to us by a third-party business using the Websites or Services as Customer Data and you wish to exercise your rights to access, revise, or delete such data, please inquire with the relevant third-party business and submit a Data Request to us pursuant to the section below.
Please note that we take your privacy seriously and therefore take steps to safeguard your personal information, including ensuring an adequate level of data protection in accordance with international standards.
If you are not satisfied with how we have stored or processed your personal information, please contact us pursuant to the section below. If you would like to access, revise, or delete any personal information, please submit a written Data Request by contacting us pursuant to Section 6 below.
We will take such steps as we deem necessary to verify your identity before proceeding with your Data Request. For example, we may ask you for a piece of information held in your records that you might reasonably be expected to know. We cannot disclose personal information pursuant to a Data Request to anyone other than the individual in question. Once any queries around the information requested have been resolved, copies of the information will be sent to you electronically wherever possible or, if this is not technically possibly, by mail.
If you submit multiple Data Requests and these Data Requests are excessive or manifestly unfounded, we will charge $100.00 to cover the administrative costs involved in dealing with each Data Request. In extreme circumstances, we reserve the right to refuse your Data Requests if they are excessive or manifestly unfounded.
We will attempt to respond to proper and confirmed Data Requests within thirty (30) days, or as otherwise required by applicable law. If you are not satisfied with the way your Data Request was handled, you may refer your Data Request to your country’s data protection authority. In the European Economic Area (EEA), any such request should be directed to the appropriate Data Protection Authority in the EU Member States and in Iceland, Liechtenstein, and Norway.
Your Right To Cancel Or Modify Marketing Communications
You have the right to cancel or modify the e-mail marketing communications you receive from us. You can exercise this right by following the instructions contained within our promotional e-mails or, in some cases, by logging into your User Account and changing your communication preferences. Please note that this 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.
While you can manage some of your e-mail preferences, please note that you cannot opt out of receiving certain administrative, transactional, or legal messages from Hoosh Holdings which we may send in the course of legitimate business if you are signed up for a User Account and/or use certain features. However, such announcements can be terminated by asking us to close your User Account.
6. Contact Information For Submitting a Data Request
Additional information regarding how to contact Hoosh Holdings may be found at: https://hooshdelivery.com/terms-of-use.
7. Your California Rights; Privacy Notice For California Residents
Your Rights As A California Consumer
As a California consumer, you have certain rights regarding your personal information. You have the right to request from us the following information: (1) the categories of personal information we have collected about you; (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; and (5) the specific pieces of personal information we have collected about you. You also have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
How To Exercise Your Rights
To exercise any of the rights listed in the section above, please submit a verifiable Data Request by contacting us pursuant to Section 6 above.
You are not required to have an account with us in order to submit a request and we will only use personal information provided in a request to verify the requestor’s identity or authority to make such a request. Please note you may only make a verifiable Data Request for access or data portability twice within a 12-month period.
Please note that Hoosh Holdings must verify the identity of the requestor. You may designate an authorized agent to make a request on your behalf by providing proof of a valid power of attorney, your valid government issued identification, and the authorized agent’s valid government issued identification. We cannot respond to requests where the identity and authority of the requestor cannot be confirmed.
Any disclosures we provide will only cover the 12-month period preceding the verifiable Data Request’s receipt. If we are unable to comply with a request, we will inform you of the reason why.
Information We Collect About Our California Consumers
In the past twelve (12) months we may have collected from you the types of personal information described in Section 2 above. We collect and use this information for the business and commercial purposes described in Section 2 above. We share this information with third parties for the limited purposes described in Section 2 above.
We Do Not Sell Your Personal Information
We do not “sell” (as such term is defined in the California Consumer Privacy Act) the personal information we collect, and we will not sell it without providing you the opportunity to opt out.
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.
8. Children Using The Websites Or Services
The Websites and Services are intended for adults only and require that users be no less than eighteen (18) years of age. Please note that certain Websites and Services require you to be at least twenty-one (21) years of age to access and use such Websites and Services. Please check the applicable terms and conditions for such Websites and Services for further information. Individuals under the age of eighteen (18) (or twenty-one (21) for applicable Websites and Services) are prohibited from creating a User Account and profile, accessing the Websites or Services, and/or ordering products on the Transactable Sites. If you become aware that an underage user has created a User Account using false, stolen, or otherwise misleading information, please contact [email protected].
We have 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 our Site using SSL/TLS. Please note, however, that while we endeavor to keep our security measures up-to-date, no data security measures can guarantee complete security.
In addition, there are steps you can take to help protect your information, including 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.
Hoosh Holdings is not responsible for the actions or activities of unauthorized third parties who compromise our security measures, and so we cannot be responsible for such unauthorized party’s access, acquisition, or distribution of your personal information. If you believe your personal information has been compromised, we encourage you to notify us immediately using the contact information above.
Please note that we retain some personal information about you 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).
It is important for you to protect against unauthorized access to your account, password, and computer. Be sure to sign off of your account when finished, especially if you are using a shared computer. You can learn more about steps you can take to protect your personal information at: https://www.consumer.ftc.gov/articles/0272-how-keep-your-personal-information-secure.
10. International Data Transfer
We share information globally, both internally within Hoosh Holdings and externally with our partners around the world. If you are located outside of the United States, please be aware that information we collect, including your personal information, may be transferred to, and processed, stored, and used within the United States. This transfer is necessary to provide our Websites and Services.