Last Updated and Effective: 1.9.2024

1.      Welcome!

This is the Privacy Policy (“Policy”) of Budcheck LLC, a Delaware Limited Liability Company, and its affiliates, subsidiaries, and related companies (collectively, “we,” “us,” “our”, or the “Budcheck”).  This Policy is here to help you understand how we collect, process, and share your Personal Information (as defined below). We also describe our security practices with respect to your Personal Information, as well as your rights & choices with respect to how we process that Personal Information. Please read this Policy carefully.

2.      AGE restriction: This site is only intended for users who are 21+

Our Site is not directed to nor intended for users who are younger than the age of 21. Please do not use our Site or submit Personal Information to Budcheck if you are under 21 years of age.

3.      Scope & Acknowledgment

This Policy applies to our website and online portal located at www.bud-check.com and any other website, application, or services where we post or link to this Policy (the “Site(s)”) as well as offline services where we collect Personal Information from you (collectively, our “Services”).

This Policy does not apply to information processed by third parties, for example, when you visit a third-party website or interact with third-party sites, except to the extent those parties collect or process information on our behalf. Please review any relevant third party’s privacy policy for information regarding their privacy practices.

Your use of our Services indicates your acknowledgement of the practices described in this Policy.

4.      Contact Us

Feel free to contact us with questions or concerns through our contact us page.

5.      Categories and Sources of Personal Information

Categories of Personal Information We Process

In order to provide our Site, we may collect and process information that relates to identified or identifiable individuals (“Personal Information”). We collect and process the following categories of Personal Information (note, specific Personal Information elements are examples and may change):

Audio Data

– Audio files and records, such as voicemails, call recordings, and the like.

Contact Data

– Identity Data used to contact an individual, e.g. email address, physical address, or phone number.

Device/Network Data

– Personal Information relating to your device, browser, or application e.g. device identifiers, identifiers from cookies, session history and Site navigation metadata, and other data generated through applications and browsers, including via cookies and similar technologies.

General Location Data

– Non-precise location data, e.g. location information derived from IP addresses.

Identity Data

– Personal Information about you and your identity, such as your name or IP address.

Inference Data

– Personal Information we create or use as part of a profile reflecting your preferences, characteristics, aptitudes, market segments, likes, favorites or your interests.

Payment Data

– Information such as bank account details, payment card information and relevant information in connection with a financial transaction.

Transaction Data

– Information about the products and services we provide to you and about transactions you make with us and similar information. 

User Content

– Personal Information included in content provided by users of the Site in any free-form or unstructured format, such as in a “contact us” box, free text field, in a file or document, or messages to us.

Sources of Personal Information

We collect Personal Information from various sources based on the context in which the Personal Information will be processed:

You

– We collect Personal Information from you directly, for example, when you input information into an online form, or contact us directly.

Automatic Collection

– We may collect certain Personal Information automatically. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Site, access our Site, or when you open our marketing communications.

Service Providers

– We receive Personal Information from service providers performing services on our behalf.

Industry Professionals

– We receive Personal Information from sellers, buyers, retailers, brokers, and other third-party industry professionals who use our services or otherwise interacting with our Site.

Data we create or infer

– We, certain partners, and third parties operating on our behalf create and infer Personal Information such as Inference Data based on our observations or analysis of other Personal Information processed under this Privacy Policy, and we may correlate this data with other data we process about you.

6.      Data Processing Contexts / Notice at Collection

Site Use

Generally

When you use our Site, we automatically collect and process Identity Data, Inference Data, General Location Data, and Device/Network Data. We use this data as necessary to initiate or fulfill your requests for certain features or functions through our Site, such as delivering pages, logging activities for security purposes, etc. We may also process this Personal Information for our Business Purposes (as defined below).

Cookies and Similar Tracking Technologies

We process Identity Data, Device/Network Data, Contact Data, Inference Data, Transaction Data, and General Location Data in connection with our use of cookies and similar technologies on our Sites. We may collect this data automatically.

We and authorized third parties may use cookies and similar technologies for the following purposes:

• for “essential” purposes necessary for our Sites to operate (such as maintaining user sessions, content delivery, and the like);
• for “functional” purposes, such as to enable certain features of our Sites (for example, to allow a customer to maintain an online shopping cart); and
• for “analytics” purposes and to improve our Sites, such as to analyze the traffic to and on our Sites (for example, we can count how many people have looked at a specific page, or see how visitors move around the Site when they use it, to distinguish unique visits/visitors to our Sites, and what website they visited prior to visiting our Site, and use this information to understand user behaviors and improve the design and functionality of the Site).

We may also process this Personal Information for our Business Purposes. See the your “Rights and Choices” section below for information regarding opt-out rights for cookies and similar technologies.

Please note, in some cases, third parties may view, edit, or set their own cookies or place web beacons on our Sites. We, or third party providers, may be able to use these technologies to identify you across platforms, devices, sites, and services. Third parties have their own privacy policies and their processing is not subject to this Policy.

Subscriptions and Transactions

We process Transaction Data, Identity Data, Payment Data, Inference Data, and Contact Data when you subscribe to our services or complete a purchase transaction. We process this Personal Information as necessary to perform or initiate a transaction with you, process your subscription, order, and payment, carry out fulfillment and delivery, document transactions, and for our Business Purposes.

Account Registration

We process Identity Data, Inference Data, Device/Network Data, and Contact Data when you register and create an account on our Site to view certificates or manage your subscription. We process Payment Data if you associate payment information with that account. We use this Personal Information to create and maintain your account, to provide the products and services you request, and for our Business Purposes.

Single Sign-On and Linked Accounts

We process Identity Data, Inference Data, Contact Data, and Device/Network Data when you link your Gmail or other communications account to Budcheck and use single sign-on. We process this Personal Information to confirm your identity, grant you access to the portal, and for our Business Purposes.

Contact Us

When you contact us though the Site using a contact us box or via email, to schedule a demo, or contact us for support, we process Personal Information such as Identity Data, Device/Network Data, and any Personal Information contained within any User Content. We may also collect Audio Data if you contact us via phone and/or leave a voicemail. We use Identity Data, Contact Data, User Content, and Audio Data as necessary to communicate with you about the subject matter of your request and related matters. We may also process this Personal Information for our Business Purposes.

Demos and Visits

We process Identity Data, Contact Data, and Transaction Data when you schedule a free demo or onsite visit. We process this Personal information to schedule your visit, conduct testing, grading, evaluation, and related services, prepare your certificate, and for our Business Purposes.

Informational or Promotional Emails

We may process Identity Data, Device/Network Data, and Contact Data in connection with email communications relating to our Site, or if we send you promotional communications. We send transactional emails communications to you if you subscribe to our service, make a purchase, or in connection with our delivery of services that you request. Additionally, you may receive promotional email communications if you contact us, choose to receive them, or interact with us in way that allows us to send you those communications. We may also automatically collect Device/Network Data when you open or interact with those communications so that we can better understand engagement with our communications. We may also process this Personal Information for our Business Purposes. You can opt out of promotional communications at any time as specified in the “Your Choices” section below.

7.      Purposes of Processing

Business Purposes

In addition to the processing described above, we generally process Personal Information for several common purposes in connection with our business. Please see below for more information regarding the purposes for which we process your Personal Information.

Operate our Site and Fulfill Obligations

We process any Personal Information as is necessary to provide the Site, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and Site you request.

Internal Processes and Service Improvement

We may use any Personal Information we process through our Site as necessary in connection with our improvement of the design of our Site, understanding how the Site is used or functions, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to Site use, and for ensuring the security and stability of the Site. Additionally, we may use Personal Information to understand what parts of our Site are most relevant to users, how users interact with various aspects of our Site, how our Site perform or fail to perform, etc., or we may analyze use of the Site to determine if there are specific activities that might indicate an information security risk to the Site or our users.

Security and Incident Detection

We may process Personal information in connection with our legitimate interest in ensuring that our Site is secure, identify and prevent crime, prevent fraud, and verify or authenticate users/individuals, and ensure the safety of our guests. Similarly, we process Personal information as necessary to detect security incidents, protect against, and respond to malicious, deceptive, fraudulent, or illegal activity. We may analyze network traffic, device patterns, and characteristics, maintain and analyze logs and process similar Personal information in connection with our information security activities.

Aggregate Analytics

We process Personal Information as necessary in connection with our creation of aggregate analytics relating to how our Site is used, the pages and content users view, and to create other reports regarding the use and performance of our Site, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified.

Compliance, Safety & Public Interest

Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Information subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfil our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Information in extraordinary circumstances.

Corporate Events

Your Personal Information may be processed as part of routine corporate operations, as part of corporate reorganizations, or any business transition, such as a merger, acquisition, liquidation, or sale of assets.

Other Processing of Personal Information

If we process Personal Information in connection with our Site in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to your rights and choices) unless otherwise stated when you provide it.

8.      Data Sharing

Personal Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer data to the categories of recipients or in connection with specific business purposes, described below.

Industry Professionals

In connection with the services we provide, we may share your Personal Information with cultivators, manufacturers, distributers, retailers, and other third-party industry professionals who use our services or otherwise interacting with our Site. For example, we may share your Contact Data in combination with certain non-personal information pertaining to the material and basic producer information with third- party traceability systems. When you get new material graded through our services, we may also share your Personal Information with our network of buyers and brokers, who may then contact you independently of Budcheck to inquire about a sale. Furthermore, we may share your Personal Information with marketplace providers when you link a marketplace to your account in the Budcheck portal.

Service Providers

In connection with our general business operations, product/Site improvements, to enable certain features, and in connection with our other lawful business interests, we may share Personal Information with service providers or subprocessors who provide certain services to us, or process data on our behalf. For example, we may use third party hosting providers to host our sites or content, and we may disclose information as part of our own internal operations, such as security operations, internal research, etc. We may also share certain Personal Information with Google or other communications platforms when you link those accounts to Budcheck and use single sign-on.

Corporate Events

Your Personal Information may be disclosed to a third party in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Information may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.

Affiliates

In order to streamline certain business operations and develop products and Site that better meet the interests and needs of our customers, we may share your Personal Information with any of our current or future affiliated entities, subsidiaries, and parent companies.

Legal Disclosures

In limited circumstances, we may, without notice or your consent, access and disclose your Personal Information, our correspondence with you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Information as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Information to such parties.

9.      Your Rights & Choices

Your Rights

Applicable law may grant you rights in your Personal Information. These rights vary based on your location, state/country of residence, and may be limited by or subject to our own rights in your Personal Information. You may submit requests to exercise rights you may have by contacting us.

Note: We are able to fulfill rights requests regarding Personal Information that we control or process. We may not have access to or control over Personal Information controlled by third parties. Please contact the third party directly to exercise your rights in third party-controlled information.

Verification of Rights Requests

We verify all rights requests to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Information. For example, we may require that you verify that you have access to the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.

Your Choices

You may have the following choices regarding the Personal Information we process, to the extent required under applicable law:

Consent

If we rely on your consent to our processing of Personal Information, you may withdraw your consent at any time. You may be required to close your account in order to withdraw consent where your consent is necessary to perform essential aspects of our Site.

Email Marketing

You have the choice to opt-out of or withdraw your consent to email marketing communications. You may exercise your choice via the links in our communications.

Cookies & Similar Tech

If you do not want information collected through the use of cookies and similar technologies, you can manage/deny cookies and certain similar technologies using your browser’s settings menu. You must opt out of the use of some third party Site directly via the third party.

To learn more about Google Analytics, please click here. To opt-out of Google’s analytic services, you may use the Google Analytics Opt-Out, or use your device’s settings.

Do Not Track

Our Site does not respond to your browser’s do not track signal. 

10.      Security

We implement and maintain reasonable security measures to safeguard the Personal Information you provide us. However, we sometimes share Personal Information with third parties as noted above, and though we may take certain measures to help ensure the security of your Personal Information, we do not control third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Information or any other information you provide us will remain secure.

11.      Data Retention

We retain information for so long as it, in our discretion, remains relevant to its purpose, and in any event, for so long as is required by law. We will review retention periods periodically, and may sometimes pseudonymize or anonymize data held for longer periods, if appropriate.

12.      International transfers

We operate in and use service providers located in the United States. If you are located outside the U.S., your Personal Information may be processed in the U.S. The U.S. may not provide the same legal protections guaranteed to Personal Information in foreign countries. Contact us for more information regarding transfers of data to the U.S.

13.      Changes to Our Policy

We may change this Policy from time to time. Please visit this page regularly so that you are aware of our latest updates. Your use of the Site following notice of any changes indicates acceptance of any changes.