Last Revised: September 2016
Emblem Cannabis Corp (“Emblem”) is a licensed producer of cannabis under the Access to Cannabis for Medical Purposes Regulations (the “ACMPR”). Emblem receives, retains, and safeguards information in the course of selling medical cannabis to Emblem clients. Some of the information Emblem receives is Personal Information relating to Emblem clients as defined below.
Purpose and Definitions
This policy describes Emblem’s Personal Information management practices including in relation to registering as an Emblem client, purchasing medical cannabis or other products from Emblem, browsing the Emblem website, and subscribing to the Emblem newsletter. More specifically, this policy describes the purposes for which Emblem collects, uses and discloses personal information, including personal health information, of its clients visitors to its website.
In this policy, “Personal Information” means information about an identifiable individual, including information relating to his or her physical or mental health, health history, health care providers, health number, heath care services and agent for health care (“Agent”). In this policy, an Agent is a person who is authorized to assist an individual to obtain health care and related services and/or make decisions about health care, including a substitute decision maker, legal guardian, person exercising a power of attorney or a person who is acting on the individual’s behalf with his or her consent.
Emblem reserves the right to amend this policy in response to changes in Emblem’s service offerings, the ACMPR and other applicable legislation, or policies applicable to Emblem’s services. The date on which this policy was last amended is shown at the top of this policy. You are responsible for verifying whether amendments have been made to this policy. Your access to Emblem’s website or use of its services after amendment of this policy will be understood to be your agreement to the collection, use and disclosure of your Personal Information in accordance with the amended policy.
Emblem’s Legal Obligations
Emblem has obligations as a licensed producer of medical cannabis under the ACMPR. Emblem’s obligations are based on the ACMPR and other legislation including the Controlled Drugs and Substances Act and the Narcotic Control Regulations. These obligations include the collection and disclosure of certain Personal Information. No agreement between you and Emblem can override a legislative requirement to collect, use or disclose your Personal Information and to retain your Personal Information for a specified period of time.
More specifically, the ACMPR require Emblem to collect Personal Information about you before we can deliver medical cannabis products to you, your health care provider, or your Agent. The ACMPR require us to receive a document prepared by your health care provider and referred to in the ACMPR and this policy as a “Medical Document”. The ACMPR requires that your Medical Document include your name and date of birth, the name and date of birth of your Agent (if applicable), information about your health care provider, the daily quantity of medical cannabis you are approved to receive, and the period of time for which you have been approved for medical cannabis use (which under the ACMPR is a maximum of one year from the date of the Medical Document). Some clients choose to receive the Medical Document and send it to Emblem and others choose to have their health care provider send Medical Document directly to Emblem.
Emblem is also required by the ACMPR to track certain Personal Information other than that included in the Medical Document, including the dates, quantities, and other details of purchases of medical cannabis by Emblem’s clients.
In addition to the Personal Information we are required to collect, you may voluntarily provide us with additional Personal Information, for example relating to your medical condition or the results you obtain from your use of medical cannabis. With your express consent, we will use such Personal Information provided by you for medical or market research, improving our product offerings, or otherwise improving the experience of you and our other clients.
Collection, Use, and Storage of Personal Information
Emblem collects and uses Personal Information to respond to requests for information, products, and services, including for purchases of medical cannabis in accordance with the ACMPR. Once Emblem receives Personal Information, the Personal Information is stored digitally and/or in hard copy. Subject to any required communication of your Personal Information to Emblem service providers as described below, all hard copies are stored in secured Emblem facilities in Ontario and digital records of personal information are stored in encrypted databases on servers located in Ontario.
Emblem uses external service providers and may share your Personal Information with such service providers as necessary in the course of Emblem’s operations. Emblem limits its service providers’ use of Personal Information to that required to provide their services. Some of Emblem’s service providers operate outside of Canada, in the United States and elsewhere (an “Offshore Jurisdiction”). Where a service provider operates in an Offshore Jurisdiction, Personal Information we share with the service provider will be subject to applicable laws in force in the Offshore Jurisdiction, including any requirement to disclose Personal Information to government, government agencies (including law enforcement agencies), regulators, courts and others in the Offshore Jurisdiction.
Unless otherwise indicated when obtaining your express consent or as required by the ACMPR, other legislation, or court or other order, Emblem stores your Personal Information for two years from the date your Personal Information was received or recorded by Emblem as required by the ACMPR. After the retention period of two years has ended in respect of a given piece of Personal Information, Emblem deletes and destroys records of the Personal Information in due course.
Disclosure of Personal Information
Under some circumstances, Emblem may be required by the provisions of the ACMPR, other legislation, or court or other order, to disclose Personal Information of a client and/or a client’s Agent to the Royal Canadian Mounted Police, provincial or municipal police forces, the Health Ministry, health care provider licensing authorities, or other authorities. Such disclosures may result in your Personal Information being provided to the International Narcotics Control Board, authorities in the United States or other foreign jurisdictions, or other third parties.
Emblem may also disclose your Personal Information for the purposes of a court, administrative, or other proceeding to which it is a party, as permitted by applicable law.
If Emblem is required to disclose Personal Information pursuant to a court order, subpoena, warrant or other legal requirement, or discloses your Personal Information for the purposes of a court, administrative, or other proceeding to which it is a party, Emblem will not disclose any more Personal Information than required for the purpose and will, to the extent permitted by law, provide you with notice of the disclosure. There are circumstances, for example where a criminal investigation is in progress, where Emblem may be prohibited from notifying you of a disclosure obligation.
Personal Information of Visitors to the Emblem Website
When you visit our website, we may collect technical information that may not in itself constitute Personal Information. This information may include the address of the website that you visited before visiting the Emblem website, the pages of our website that you visit, the browser you used to view our website, the search terms you entered on the website, and other such technical data.
We aggregate the technical data we collect from visitors to our website and use the aggregate data to measure and improve the effectiveness of our website and improve its content and responsiveness to visitor interests. We will not combine this technical data with any Personal Information we have collected. For clarity, the aggregate data we produce in relation to use of our website does not identify individual visitors.
We may disclose the aggregate data about the use of our website to our service providers, regulatory bodies, and others.
Subscribing to the Emblem Newsletter and Other Communications
Emblem publishes a newsletter and provides other mass communications about special offers, product information, or other messages related to Emblem or to medical cannabis more generally. The Emblem newsletter and other mass communications are available to the public generally and there is no requirement to be an Emblem client to receive the Emblem newsletter and other communications. If you are an Emblem client, the Emblem newsletter and other mass communications do not identify you as such. Please note that separate from the Emblem newsletter and any mass communications, Emblem clients will also receive specific communications relating to status as a an Emblem client, including details of medical cannabis orders that have been received from you and/or shipped to you.
You may subscribe to the Emblem newsletter and/or consent to receive other mass communications through our website. Subscribers may terminate their subscription at any time. The materials and notices we send by email include simple instructions and a link for you to unsubscribe. If you have any trouble unsubscribing, please contact our privacy officer.
Access and Correction of Personal Information, and Other Inquiries
You may request access to and the correction of your Personal Information in our records. You may request confirmation of the location of your Personal Information, including whether it is currently located in or has been reviewed in an Offshore Jurisdiction. Except in circumstances established by law, you have a right to access any of your Personal Information in our records. To the extent that we are satisfied that your Personal Information in our records is inaccurate, we will correct the information.
If you want clarification of this policy, additional information about our Personal Information management practices or our management of your Personal Information, or if you want us to investigate any concerns you have about our use or disclosure of your Personal Information, please contact our Privacy Officer as set out below. Please note that email is not a secure means of communication. You assume all risk in relation to your decision to transmit Personal Information or confidential information to us by email, or to receive communications from Emblem by email.
Contact for Emblem Privacy Officer:
Post: Emblem Cannabis Corp.
Attention: Privacy Officer
PO Box 20087 Northville
Paris, ON N3L 4A5 Canada
Emblem Cannabis Corp.
Attention: Privacy Officer
For inquiries unrelated to privacy, please contact firstname.lastname@example.org or use the above post and fax contact information.