Thrive is the operating name of 9285159 Canada Inc (the “Company”). Throughout this Policy the term Thrive is used to describe the Company and its business operations, in whatever form such operations may take, including the Thrive website, located at www.thrivecannabis.ca (the “Website”). All rights are reserved.
This Policy applies to the use, and any collection of, your personal information, as defined below, by Thrive.
For the purpose of the Policy, “personal information” shall have the same meaning as found in the Personal Information Protection and Electronic Documents Act (“PIPEDA”), which means any information relating to an identifiable individual including, but not limited to, contact information, name, address, phone number or email address, gender, date of birth, and any data about yourself that you choose to provide to Thrive electronically, through the Website, or otherwise. Such definition shall also encompass “personal health information” as defined below.
‘Personal health information” shall have the same meaning as found in Ontario’s Personal Health Information Protection Act, 2004 (“PHIPA”), which includes personal health information that may relate to you physical or mental health, as well as your health history, records, prescriptions or health card number.
By providing Thrive with your personal information, as defined below, you consent to Thrive collecting, using and disclosing such information in accordance with this Policy. At any time, you may withdraw such consent, in writing, by contacting the Privacy Officer at the details provided below. Where necessary under the law, Thrive will always obtain your consent before collecting, using or disclosing your personal information. Consent may be provided either expressly or implicitly. In most cases, consent will be attained expressly through written, oral or electronic means (for example, by checking a consent box on the Website). In some instances, consent may be implicit (for example, by utilizing the address you provide to ship cannabis products that have been ordered from the Thrive).
Additionally, Thrive may collect, use or disclose your personal information without your knowledge or consent where permitted or required by applicable laws or regulatory requirements.
As of the most recent update to this Policy, the Privacy Officer was: Brandon Tate
Collection of Personal Information:
The personal information that Thrive may collect includes, but is not limited to, the following:
Thrive will generally collect all information directly from you but may also seek out information from third-party sources. Where required by applicable laws or regulatory requirements, Thrive will obtain your consent before seeking out personal information from such sources.
Please update any changes to your personal information as soon as possible so that Thrive may ensure that its records are both accurate and current.
How We Collect Your Information:
We use different methods to collect your information, including through:
Information You Provide to Us
The information we collect directly from you on or through our Website may include:
How Thrive Uses Your Information:
Thrive primarily uses personal information to facilitate its role as a licensed producer of cannabis products under the Access to Cannabis for Medical Purposes Regulations and to allow for transactions between itself and its customers. Thrive also uses your information for outreach, marketing, and data analysis, anonymizing information where necessary to conform with Canadian laws and regulations.
The manner in which Thrive may use or disclose your personal information includes, but is not limited to, the following:
In addition to the above stated purposes, Thrive may share personal information with those individuals and entities that have authority under the law to collect such information (such as care givers or those who have such authority as a substitute decision maker). Further, your personal information may be used for statistical analysis and other research purposes, provided that it has been anonymized or anonymized and aggregated.
Cookies and Web Logs
Other, more specific data, such as Internet Protocol (IP) address, system configuration and settings, may be captured by Thrive to help improve the use of the Website and to monitor its performance and for our business purposes.
Thrive may share your personal information with third-party service providers as necessary to facilitate its business and operations (“Third Party Recipients”). Such third-party entities include, but are not limited to:
Not all Third-Party Recipients will necessarily be located in Canada. Any information provided to, and stored by, Third-Party Recipients outside of Canada may be subject to laws of such the jurisdiction in which it is located. Thrive makes no assurances as to how or when such information may be accessed by governments or law enforcement agencies outside of Canada, except that Thrive shall do all that it can to ensure that Third-Party Recipients abide by the laws, and obtain all consents necessary, in such jurisdictions.
Any links contained within the Website which lead to the websites of other businesses or entities are not governed by this Policy and Thrive cannot guarantee or warrant that such websites collect, maintain or disclose any personal information that they may collect in accordance applicable legislation, regulations or best business practices.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may also disclose your personal information:
Your Personal Information Records – Retention and Deleting Your Information
At any time, you may request to see your personal information by contacting the Privacy Officer at the contact details, above. Please note that any such communication must be in writing.
When requesting your personal information, and to help protect against information theft, Thrive may require that you provide certain information to confirm your identity and your right to access such information. There is no absolute right to access such information
There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions. You may be charged a reasonable fee when requesting access to your personal information. You shall be made aware of any fee prior to Thrive incurring any fees on your behalf. For greater clarity, we will always abide by all Health Canada and Cannabis Act laws and regulations.
Persons Under the Age of 19
Our Website is not intended for minors or children under 19 years of age. No one under age 19 may provide any information to or on the Website. We do not knowingly collect personal information from minors under 19. If you are under 19, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a person under 19, we will delete that information. If you believe we might have any information from or about a person under 19, please contact us at 1-289-283-0104;
Protecting Your Personal Information?
Thrive will always strive to maintain physical, technical and procedural safeguards necessary to protect your personal information. These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction.
The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that you may be aware of.
Updates to Our Policy
Terms of Service, Refund Policy and Shipping
As Thrive is in the business of producing legal cannabis products under necessary Canadian federal legislation and regulations, it is important to understand that all products and services provided herein are for use or purchase only by eligible Canadians or other legally eligible individuals resident within Canada. Anyone viewing the Website outside of Canada should do so only for educational or informational purposes. By using the Website, you agree that you will only use the Website for legal purposes and that you will not engage in, or use the Website for, any illegal purpose (an “Illegal Purpose”). For greater clarity, an Illegal Purpose would include any breach of any legislation or regulation in Canada, or in any other jurisdiction that may apply to you, including, but not limited to, the United States of America. An example of an Illegal Purpose would be any violation of the Criminal Code (Canada) or breach of any privacy laws, such as copyright or patent laws. By using the Website, you represent that you are old enough to purchase and consume cannabis in the province of your residence but, at any rate, no less than 18 years of age. You further represent that you will, in no way, attempt to circumnavigate any security measures found within the Website to gain unauthorized access.
At any time, and for any reason, we may deny access to our services or products, through the Website or otherwise, subject to any laws or regulations that we may have obligations under, including, but not limited to, the Cannabis Act.
We may make any changes to the Website or our services or products, without notice, provided that we conform with all necessary laws and regulations. These Terms may change without notice and you represent that you will regularly monitor these Terms to ensure that you have reviewed the most recent version. The date that this version was published can be found at the top of this webpage.
Our Website may contain errors, either typographical or substantive in nature. To the extent allowed by law, Thrive disclaims all warranties for the Website, its services and products, of any kind, including any warranty for merchantability or fitness for any particular purpose. At any time, the Website may be under maintenance or not available and you understand that we do not guarantee any promptness of service or ongoing access to the Website, or our services or products.
Registration, Product Supply, Shipping and other Customer Conditions
Your ability to purchase products on our Website shall be subject to availability and applicable law. Should we be unable, or unwilling, to fulfill purchase orders, we reserve the right to cancel such orders and refund any money you may have paid, provided that such decision complies with our legal and regulatory obligations. Product prices are subject to change as and when we determine, in our sole discretion. Shipping costs, if any, shall be explained at the time of checkout when purchasing our products. Further, you agree that the purchase of our medical cannabis products shall be consumed in accordance with any directions or prescriptions that have been provided to you by your doctor or healthcare provider and that you shall not share or sell the product to any third-parties or other individuals.
Shipping and Returns
All refunds and exchanges will be done in accordance with the Cannabis Regulations (SOR/2018-144) which may include defective products or products that cause any adverse reactions. Thrive can instruct clients how to comply. In the event of a recall, Thrive may request that clients immediately cease the use of, and return, any affected product. We do not guarantee any shipping times or that couriers will be able to deliver products to the address you provide. Products must be signed for by an adult upon delivery. Should you have any questions or concerns about any product, or its shipping, that you have ordered, whatsoever, please do not hesitate to contact our customer care line at 1-289-283-0104.
Third-Party Service Providers and Links
We do not take any responsibility for the actions of any third-parties with which you may engage or interact by following links that are posted to our Website. Always exercise caution when engaging with any third-party website, service provider or business. We do not endorse or warrant the quality of any websites or businesses that we may provide links to within our Website. These links are provided for information, education and convenience only. We have no knowledge of the security measures that such parties may use to protect confidential or transactional information and do not know if these businesses comply with federal or provincial legislation and regulations relating to the protection of personal information. We shall not be liable for any losses relating to the use of any third-party websites and shall not be construed as a party to any transaction that you may enter into when visiting such websites.
Links from or to websites outside our Website are provided for convenience only. We do not review, endorse, approve or control, and are not responsible for, any sites linked from or to our Website, the content of those sites, the third-parties named therein, or their products and services. Following any link to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with following such links. Thrive shall not be a party to any transaction between you and any third-party including any third-party advertising on our Website, and we shall not be liable for any losses or damages arising out of such interaction with any third-party. Without limiting the foregoing, any link to a third-party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials. If you link any other website to our Website, we may ask for you to remove such link and you represent that you will do so in a timely manner.
Limitation of Liability
IN NO EVENT SHALL THRIVE OR ANY OF ITS AFFILIATES, REPRESENTATIVES, OFFICERS, EMPLOYEES, DIRECTORS, OR AGENTS (EACH AN “INDEMNIFIED PARTY”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RELATED TO THE WEBSITE, THE PRODUCTS, YOUR USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THE WEBSITE OR ANY PRODUCTS, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE INDEMNIFIED PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR FURTHER CLARITY, YOU SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE INDEMNIFIED PARTIES AGAINST ANY AND ALL INJURIES, DEATHS, CLAIMS, DEMANDS, ACTIONS, LOSSES, SUITS, DAMAGES, PROPERTY DAMAGE, EXPENSES, LIABILITIES, JUDGMENTS AND SETTLEMENTS ARISING OUT OF, FROM, OR IN CONNECTION WITH THE PROVISION OF SERVICES OR PRODUCTS THROUGHOUT THE WEBSITE AND UNDER THESE TERMS. TO THE EXTENT THAT A COURT OF COMPETENT JURISDICTION FINDS AN INDEMNIFIED PARTY LIABLE FOR ANYTHING RELATING TO THE USE OF THE WEBSITE OR THRIVE’S PRODUCTS OR SERVICES, THEREIN, YOU SHALL BE ENTITLED TO NO MORE THAN ONE HUNDERED DOLLARS ($100.00). YOU ASSUME ALL RISK FOR USING ANY OF THRIVE’S PRODUCTS, SERVICES AND WEBSITE.
Jurisdiction and Governing Law. The Terms, use of the Website and all products or services provided through the Website, and all matters arising out of or related to the foregoing, shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada and the parties irrevocably attorn to the exclusive jurisdiction of the Province of Ontario. You agree that, in the event that there is a dispute under the Terms or in relation to the use of the Website or the services or products therein, that such dispute shall not be resolved by jury trial and each party hereby waives any right to trial by jury.
Severability. Any provision in these Terms which is invalid, illegal or unenforceable in whole or in part in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without invalidating the remaining provisions hereof or affecting the validity, legality or enforceability of such provision in any other jurisdiction.
Non-Waiver. You hereby acknowledge and agree that the failure or waiver by Thrive to enforce any provision of found within these Terms shall not be deemed to construe a waiver of Thrive’s ability to enforce any other provision or to later enforce such provision.
Force Majeure. Thrive shall not be held liable in the event that its performance of any service, provision of any product, or maintenance of the Website is hindered, prevented or rendered so difficult or expensive as to become economically and commercially impractical by reason of an act of god, labour dispute, unavailability of transportation, goods, machinery, equipment or services, governmental or legal restrictions or actions, war, or by any other event, condition or cause which is unforeseeable, or beyond the control of the Parties.
In the event of any delay of performance or non-performance due to any such cause, the period allowed for performance of the applicable obligation will be extended for a period equal to the delay period. In the event that the Service Provider’s completion of an obligation is delayed more than thirty days, the other party shall have the right to terminate this Agreement without liability.
Headings. The headings of the various sections and subsections herein are for reference only and shall not define, modify, expand or limit any of the terms or provisions hereof.
41 Townline Road
Attention: Customer Care Centre