Privacy Policy

Last Updated: December 15, 2020

Welcome to OMG (“Company,” “we,” “us,” or “our”) website, which is an e-commerce site for cannabis products (“Products”). This site is located in the United States, and by using it, you consent to the terms of this Privacy Policy in effect at the time you log in.

This Privacy Policy explains what data we collect, how we collect the data, and how we use it. It describes to you our practices related to the information we collect from users of the Site, App, and the online services enabled therein (the “Services”). In this policy:

— “You” means you and, in California, your household.

— “Personal Information” means information that identifies you or your household, as defined in the California Consumer Privacy Act (“CCPA”).

— “Anonymized” or “Anonymous Information” is either collected in a way that we cannot associate it with you or your household, or has subsequently been hashed, aggregated, encrypted, or depersonalized in such a way that we cannot get back from the data we have to your personal information.

— “Company,” “we,” “us,” or “our” refers to OMG and any of its wholly owned subsidaries.

Age Restrictions
The Site and App are not directed to persons under the age of 21, and persons under the age of 21 are not eligible to use our Services unless they are over the age of 18 and have a medical recommendation/MMIC card. We do not intentionally collect or maintain Personal Information from persons under 21 years of age. If we learn that a person under 21 years of age has submitted Personal Information to us, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the App, Site, and the Services. We may retain such Personal Information as is necessary to carry this out and for other authorized business and legal purposes.

How We Collect Information
We collect Personal Information from you in the following ways.

Age and Geographic Statements by You. When you enter the website, we ask you to confirm your anticipated delivery address and that you are over 21. We register this information with a persistent cookie (see “cookies,” below) so that you need not answer these questions on a return visit. This information tells us whether it is legal for you to be on the Website, whether you are in our service area, and what products are available in your area.

Creating an Account. To purchase goods or services, you must create an account, and this requires you to enter Personal Information. For example, we will collect your name, gender birthdate, email address, address, phone number, and password when you register for an account on the Services (an “Account”) You will also be required to upload a photograph of a valid, unexpired government-issued identification card verifying that you are 21 years of age or older (or 18 years old with medical documentation as discussed above) and that matches the information you include upon registration of your Account. This will be matched, via automated and manual processes, to a selfie photo that you provide. You can choose not to provide us with certain information, but this may limit the features of the Site or Services you can use.

If you create an account by following an option on another site, all of your account information from that site will be transferred to create an account on our platform.

Via Website Logs. When you use our website, we gather certain information automatically and store it in log files. This information includes IP addresses and network provider, browser type, operating system, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to debug the website, analyze trends, administer the Site, track users’ movements around the Website, gather general geographic data about our user base, and better tailor our Services to our users’ needs. This information is provided to us in an anonymized form.

Cookies and Similar Technologies. Like many online services, we use cookies to collect information. “Cookies” are small files that a website stores on your browser when you view our website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. This type of information is collected to make the Website more useful to you and to tailor the experience with us to meet your special interests and needs.

We also use Tracking Pixels. Tracking Pixels are tiny graphic images with a unique identifier, similar in function to cookies, which are used to track the online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Tracking Pixels are embedded invisibly in Web pages. Tracking pixels also allow us to send e-mail messages in a format that users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Tracking Pixels to our users’ Personal Information.

Your web browser has settings that can be used to control the use of cookies and/or their deletion. Please consult your browser’s documentation. For your convenience, instructions are also linked here for Safari, Internet Explorer/Edge, Firefox, and Chrome. Blocking or disabling all cookies may prevent our Website from working properly.

Analytics Services and Interest-Based Advertising. In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Site and App. This includes third party analytics services, including but not limited to Google Analytics (“Analytics Services”), that we engage to help analyze how users use the Services, as well as third parties that measure responsiveness to our advertisements or deliver content and/or offers. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Services. The information generated by the Cookies or other technologies about your use of our Services (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using our Site, App, and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.

Our advertising providers are regulated by the Digital Advertising Alliance (DAA).

Also, Google Analytics has a browser plug-in that prevents its analytics service from recognizing your return visits. You can download it at https://tools.google.com/dlpage/gaoptout.

These tools may require the use of cookies to remember your choices. Disabling all cookies may not allow them to work.

Information Collected by Our Payment Providers. When you make payments for purchases through our Services, they are handled by our payment provider, which does not provide us any information except a payment token (which does not contain personal information) and if a debit card is used at the time of delivery, the last four digits (consistent with the Fair and Accurate Credit Transactions Act, 15 U.S.C. 1681 et seq. and PCI DSS). We do not otherwise process, record, or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to the terms of use and privacy policies of our respective payment providers at the time you make payment.

How We Use Information
In general, we will use your Personal Information to either respond to the requests you make or to aid us in serving you better. We use your Personal Information to:

1. Provide the Services to you;

2. Facilitate the creation of your account on our system;

3. adProvide you with Services and customer support;

4. Provide you with information related to the Products you order or schedule;

5. Send you administrative texts to update you on the status of your order;

6. Tailor the features and content of the Services to you;

7. Respond to your requests, resolve disputes and/or troubleshoot problems;

8. Improve the quality of the App, the Site, and the Services; and

9. Communicate with you about the App, the Site, and the Services, including purchases made.

Where information is anonymous or becomes anonymous, we reserve the right to use it in any way permissible under the law, without prior notice to you.

How We Disclose Information
We may disclose your Personal Information as described below and as described elsewhere in this Privacy Policy:

Corporate family. We may share some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), if we have such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy. We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

Your Rights (California Residents)
Under the California Consumer Privacy Act (the “CCPA”), as a California resident and consumer, You have certain rights concerning information that could reasonably be used to identify You. The following information is provided so that You can understand at or before the point of collection what we are collecting and why.

Right to Access (“Right to Know”) and Data Portability. You have the right to understand what personal information we have collected and retained about you in the preceding 12 months, where it came from, why we collected it, and with whom we have shared it. You are also entitled to a copy of the information in a reasonably usable format.

Right to Deletion.Concerning the right of erasure of your personal information, we will erase your personal information when requested except when it is necessary to:

1. Complete a transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.

3. Debug to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech or exercise another right provided for by law.

5. Comply with the California Electronic Communications Privacy Act under Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research if you have provided informed consent.

7. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.

8. Comply with a legal obligation.

9. Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

We may achieve deletion by removing it from our systems, by anonymizing it, or by aggregating it with other consumers’ data. Exercising your right to delete requires verification on your first request and then before the personal information is deleted.

If personal information about you has been anonymized before your verifiable request, we are not obligated to identify it or provide it in response to your verified request.

Disclosures and Use. In the past 12 months, we have not disclosed personal information to anyone outside of BCC and our business service providers, as discussed above.

Do Not Sell My Information. We do not sell your personal information to third parties. We do disclose data on a de-identified basis to our business consultants.

Right to non-discrimination. As provided by California law, we do not discriminate against customers based on their decision to exercise any of their rights under the CCPA.

Requests and verification. If You wish to exercise your rights under the CCPA, You (or an authorized agent with appropriate written documentation who can authenticate their own identity) can contact us in three ways:

Via your account: This is the easiest way to exercise your rights under the CCPA. Go to Your account profile.

Via email: support@omgclub.com

Please describe the nature of your request (right to know, right to delete, copy of your data).

If you make a general request via email or phone, we may request that You take reasonable steps to verify Your identity before acting on your request. If Your request is on behalf of Your household, we must have a request that can be verified as to all members of the household. You will be required to provide one or more pieces of information that will allow us to substantiate your identity.

We also keep all requests You make on file, along with their responses, for twenty-four (24) months after their resolution. We do not use personal information provided in connection with requests for any other purpose, but we must retain some personal information for purposes of verifying that we complied with Your request.

Please note that concerning any request, we can only disclose, provide, or delete information that is still identifiable by you and not anonymized.

Other Disclosures.
Changing or Deleting your Personal Information. You can review and/or change certain of your Personal Information by logging into the Site or the App and accessing your Account. We may limit the Personal Information you can change on the Site or App. Upon your request, we will close your Account. We may retain your Personal Information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.

Application. You can stop all collection of information by the App by uninstalling the App. You may use the standard uninstall process as may be available as part of your mobile device or via the mobile application marketplace or network.

E-mail Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Site, App, or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service-related communications, including notices of any updates to our Terms of Use or Privacy Policy.

SMS Communications. You can opt-out of our SMS messaging feature by typing “STOP” in reply to any message we send you, as described in our Terms of Use.

Information Disclosed By You to Third Parties. This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you on the Site and Services. If you disclose information to others, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. The Site may contain content or links to other websites that are not owned or controlled by us. We have no control over, do not review, and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Site and go to another site. During this process, another entity may collect Personal Information or Anonymous Information from you. The Site may also contain links to other websites controlled by us but which operates under different privacy policies. Please review the privacy policy of any new site you visit.

Changes to this Privacy Policy.This Privacy Policy is subject to revision, and if we make any material changes in the way we use your Personal Information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Services.

Please note that at all times you are responsible for updating your Personal Information to provide us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.

If you do not wish to permit changes in our use of your Personal Information, you must notify us before the effective date of the changes that you wish to deactivate your account with us. Continued use of our Site or Services, following notice of such changes, shall indicate your acknowledgment of such changes.

Contact Us. If you have questions or concerns about our Privacy Policy, please contact us by sending an email to support@omgclub.com.