Last Revised: March 2017
Emblem Cannabis Corporation (“Emblem”) is a licensed producer of cannabis as defined in the Access to Cannabis for Medical Purposes Regulations (the “ACMPR”). Emblem receives, retains, and safeguards information in the course of selling medical cannabis to any individual who is registered as a client of Emblem (a “Registered Client”). Some of the information Emblem receives is Personal Information relating to Registered Clients as defined below.
Purpose and Definitions
This policy describes Emblem’s Personal Information management practices including in relation to registering as a Registered Client, purchasing regulated medical cannabis products (“Cannabis Products”), accessories from third parties with Emblem branding (“Emblem Branded Accessories”), and accessories from third parties without Emblem branding (“Other Accessories”) (any one or more of the Cannabis Products, the Emblem Branded Accessories, and the Other Accessories collectively or in any combination being the “Products”) from Emblem, browsing the Emblem website (the “Site”), 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 a Registered Client, an individual responsible for a Registered Client in accordance with the ACMPR (“Responsible Individual”), or other visitors to, or users of, the Site.
In this policy, “Personal Information” means information about an identifiable individual, such as a Registered Client, including information relating to the individual’s physical health, mental health, health history, health care providers, health number, heath care services, or agent for healthcare (“Agent”). In this policy, an Agent is a person who is authorized to assist an individual to obtain health care and related services or make decisions about healthcare, including a substitute decision maker, a legal guardian, a person exercising a power of attorney, a Responsible Individual, or a person who is acting on the individual’s behalf with the individual’s consent.
Emblem reserves the right to amend this policy in response to changes in Emblem’s services, changes in the ACMPR or other Applicable Law as defined below, or changes in 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. As in the Emblem Website Terms and Conditions, located here, and the Emblem Registered Client Terms and Conditions, located here, your access to the Site or use of Emblem’s services after amendment of this policy will be understood to be your agreement to Emblem Website Terms and Conditions or the Emblem Registered Client Terms and Conditions, as applicable, and 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, the Narcotic Control Regulations, and any other applicable federal, provincial or local law as may be appropriate in the context, including consumer protection legislation, privacy legislation, the Food and Drugs Act (Canada), other statutory law and regulations, the Civil Code of Québec, common law, and any other applicable laws (collectively or in any combination, “Applicable Law”). 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” or a copy of a document issued to you from the Minister of Health and referred to in the ACMPR and this policy as a “Registration Certificate”. The ACMPR requires that your Medical Document or Registration Certificate 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 or Registration Certificate). Some individuals 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 or Registration Certificate, including the dates, quantities, and other details of purchases of medical cannabis by Registered 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, education, improving our product offerings, or otherwise improving the experience of our Registered 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 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 on encrypted 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 Registered Client or a Registered 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 the Site, we may collect technical information, which may include the address of the Site that you visited before visiting the Emblem Site, the pages of the Site that you visit, the browser you used to view the Site, the search terms you entered on the Site, and other such technical data (“Technical Information”). The Technical Information may not in itself constitute Personal Information.
We aggregate the Technical Information we collect from visitors to the Site and use the aggregate Technical Information to measure and improve the effectiveness of the Site and improve its content and responsiveness to visitor interests. We will not combine the Technical Information with any Personal Information we have collected. For clarity, the aggregate Technical Information we produce in relation to use of the Site does not identify individual visitors.
We may disclose the aggregate Technical Information about the use of the Site 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, to medical cannabis more generally, or other topics. The Emblem newsletter and other mass communications are available to the public generally and there is no requirement to be a Registered Client to receive the Emblem newsletter and other communications. If you are a Registered 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, Registered Clients will also receive specific communications relating to status as a Registered Client, including details of medical cannabis orders that have been shipped to you or received from you as returned.
You may subscribe to the Emblem newsletter or consent to receive other mass communications through the Site. 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 as set out below.
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 Corporation
Attention: Privacy Officer
PO Box 20087 Northville, Paris, ON N3L 4A5 Canada
Emblem Cannabis Corporation
Attention: Privacy Officer
For inquiries unrelated to privacy, please contact firstname.lastname@example.org or use the above post and fax contact information.