Privacy Policy

    Last Updated June 1, 2021

    Welcome to the website (the “Site”) of KlickTrack, Inc. (“KlickTrack,” “we,” “us,” or “our”). KlickTrack provides a point-of-sale application for cannabis retailers under our Terms of Service (“TOS”) [link] and any related mobile applications. (“Services”)

    This Privacy Policy describes our information practices and, in particular, how we collect, use and share the Personal Information that we gather through our Services. This Privacy Policy is incorporated into and forms part of our TOS.

    1.    ACKNOWLEDGEMENT

    Before using our Services or submitting any Personal Information to KlickTrack, please review this Privacy Policy carefully and contact us if you have any questions. By using our Services, you agree to the practices and terms described in this Privacy Policy and TOS. You should read this privacy policy carefully.  We may add to, delete or change the terms of this Privacy Policy from time to time by posting a notice of the change or an amended Privacy Policy on this Site. Your continued use of our Services is deemed to be acceptance of such changes. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use our Services.

    2.    DEFINITIONS

    When we use the term “Personal Information” in this Privacy Policy, we mean any information that we directly associate with a specific person, or that reasonably can be used to identify a specific person. For example, this includes your name, home address, phone number, email address and any other information that we tie to these elements.

    Personal Information does not include “aggregated information,” which is information that we collect about a group or category of persons or services.  It also does not include “de-identified information,” which is information from which we or our agents have removed information that can be used to specifically identify a person.  This Privacy Policy does not apply to our collection, use or disclosure of aggregated or de-identified information.

    "Sensitive Personal Information" means: (1) personal information that reveals (A) a consumer's social security, driver's license, state identification card, or passport number; (B) a consumer's account log-In, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) a consumer's precise geolocation; (D) a consumer's racial or ethnic origin, religious or philosophical beliefs, or union membership; (E) the contents of a consumer's mall, email and text messages, unless the business is the intended recipient of the communication; (F) a consumer's genetic data; and (2)(A) the processing of biometric information for the purpose of uniquely identifying a consumer; (B) personal information collected and analyzed concerning a consumer's health; or (C) personal information collected and analyzed concerning a consumer's sex life or sexual orientation. Sensitive personal information that is publicly available shall not be considered sensitive personal information or personal information.

    “Customer Information” means all information you provide to us by you used to provide services to you that is not included in the definition of Personal Information or Sensitive Personal Information as defined above.

    3.    PERSONAL INFORMATION WE COLLECT

    We collect information that alone or in combination with other information in our possession could be used to identify you as follows:

    Personal Information You Provide

    We collect information, including Personal Information, directly from you through your use or purchase of, or interaction with our Services. This may include:

    • Identification Information: We collect information such as your name, email address, or other contact information when you contact us with a question or comment, leave us a message, schedule a demo, sign up for our newsletter, interact with our social media pages and/or voluntarily respond to our questionnaires.
    • Payment Information: We collect payment card information and authentication details when you purchase products or use our Services. Please note, however, that we store only a tokenized version of such information and do not maintain payment card information on our servers.
    • Communication Preferences: We collect communication preference information when you contact us with questions or concerns and voluntarily respond to questionnaires, surveys or requests for market research seeking your opinion and feedback.
    • Commercial and Demographic Information: We may collect information relating to the products you browse and/or purchase using our Services, as well as demographic information.
    • Sensitive Personal Information as defined above.

    In some circumstances, we will not be able to further our relationship to provide you with Services without certain Personal Information. We will inform you at the relevant time if this is the case.

    Information Obtained Automatically Through Your Use of Our Services

    We automatically collect certain information from you through your use of our Services and Site, such as:

    • Usage Information: Information that relates to the type of content you view or engage with, the features you use, the actions you take, the time, frequency, and duration of your activities, and records of the Services we have provided to you.
    • Log Information: When you visit our Site, your browser automatically sends information, including your Internet Protocol address, browser type and settings, device information, operating system, and the date and time of your request. Information collected may depend on the type of device you use and its settings.
    • Cookies Information: We also may collect information through the use of cookies, pixel tags, web beacons, transparent GIFs, or other technologies. Please see the “Cookies” section below to learn more about how we use cookies.
    • In some situations, Internet Activity Information may be combined with other information in a way that identifies a person. In those situations, Internet Activity Information will be treated like Personal Information.

    Personal Information We Process on Behalf of Our Business Customers

    Our Services include check in, scan of in-store consumers identification cards, and other services to facilitate purchases at our business customers’ stores. Our business customers may provide us with Personal Information about their [employees and] customers, such as name, email, mobile number, and government identification documents (i.e., driver’s license, passport, or state identification card information). We may send emails on behalf of our business customers.  If you have a medical marijuana card, we may enable our business customers to link to state medical marijuana registries, but we do not store or download any of this information to our systems. We process that information pursuant to our Terms of Service and other agreements with our business customers. We have no direct relationship with the individuals whose Personal Information we process on behalf of our business customers. If you are such an individual and would no longer like your information to be used by one of our business customers that use our Service or you would like to access, correct, or request deletion of your information, please contact the business customer that you interact with directly.

    Cookies

    We use cookies to operate and administer our Site, gather usage data on our Site, and improve your experience on it. Some of the cookies we use are “strictly necessary” for the functionality of our Site. Others improve the functionality of our Site but are not strictly necessary. Some cookies help improve the performance of our Site including by gathering analytic data, while others help provide targeted services to you. For more details on cookies please visit All About Cookies.

    On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.

    Advertising networks may use cookies to collect Personal Information. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources and follow the opt-out instructions there.

    If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.

    Online Tracking and Do Not Track Signals

    Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received.

    4.    HOW WE USE PERSONAL INFORMATION

    We may use Personal Information for the following purposes:

    • To provide our Services, including to answer any questions or inquiries you make to us and perform a contract with our Business Customers or Service Providers;
    • To analyze and improve upon our Services, such as developing new products and services and enhancing your use of our Site and mobile application(s), including authenticating your visits, providing personalized content and information, and tracking your usage of our Services.
    • To link the Service to the State medical marijuana registry;
    • To contact you about any relevant information regarding our Services (e.g. policy changes, security updates or issues, etc.);
    • For operational purposes related to our Site, including debugging and repairing errors that impair the functionality of our Site, and detecting security incident and improving the security of our network.
    • With your consent, in accordance with that consent. For example, if you make a request through our Site that we contact you, we will use the information you provide to evaluate your specific request and contact you.
    • To infer your preferences for products and services;
    • To analyze how you interact with our Services;
    • To prevent fraud, criminal activity, or misuses of our Services, and to ensure the security of our IT systems, architecture, and networks; and
    • To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.

    Aggregated Information. We may use aggregated information to analyze the effectiveness of our Services, improve and add features to our Services, and for other similar purposes. We may also analyze the general behavior and characteristics of Service users and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through our Services, cookies, and other means described in this Privacy Policy.

    Marketing. We may use your Personal Information to contact you on behalf of our business customers to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers, but we do not sell that information to other parties. You may opt out of receiving emails or text messages by following the instructions contained in each promotional email or text message we send you. You can also control the marketing emails and/or text messages you receive by updating your settings through your account. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications, but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.

    By providing your telephone number to our business customers to use the Service, you consent to receive information from us via SMS and/or MMS messages sent through an automated telephone dialing system (“Text Service”), even if you have opted in to the National Do Not Call List, any state Do Not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. The enrollment process will disclose the program, frequency of messages, and options to cancel your enrollment. You do not have to participate in the Text Service in order to use our Services. In the event you no longer want to participate in the Text Service, you agree to notify us directly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your KlickTrack account information to ensure that your messages are not sent to the person that acquires your old number. For more about our Text Service, please review our TOS [link]

    5.    SHARING AND DISCLOSURE OF PERSONAL INFORMATION

    KlickTrack does not sell your Personal Information. In certain circumstances we may share the categories of Personal Information described above without further notice to you, unless required by the law, with the following categories of third parties:

    • Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Information with vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Information in the course of performing their duties to us. These third parties are granted access to your information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
    • Business Transfers: If we are involved in a business transition, such as a merger, acquisition, financing due diligence, or transition of service to another provider, your Personal Information and other information may be shared in the diligence process and/or may be part of the assets transferred.
    • Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to: (i) comply with a legal obligation, including to meet national security or law enforcement requirements; (ii) protect and defend our rights or property; (iii) prevent fraud; (iv) act in urgent circumstances to protect the personal safety of users of the Service, or the public; or (v) protect against legal liability.
    • State Registry: We may need to verify your medical marijuana card information or government identification with the State medical marijuana registry, but we do not store or download this information.
    • Bankruptcy:  In the event of a bankruptcy or dissolution proceeding, or as part of the sale or reorganization process, we may need to share your Personal Information.

    6.    DATA RETENTION

    We keep Personal Information consistent with our TOS and Privacy Policy. We will retain and use your Personal Information to provide our clients with Services, the extent necessary to comply with our legal obligations such as if we are required to retain your data to comply with applicable laws, resolve disputes, enforce our legal agreements and policies, and as required by essential, internal business needs.

    7.    CALIFORNIA PRIVACY RIGHTS DISCLOSURES

    The California Consumer Privacy Act (“CCPA”) provides you with rights regarding how your data or personal information is treated, and we want to ensure you understand and are able to exercise those rights.

    As required by the CCPA, the following section describes the categories of Personal Information We may have collected in the preceding twelve months, the categories of sources from which that information may have been collected, and the commercial purpose for collecting that information. The Personal Information we collect depends on our relationship with you.

    Screen Shot 2021-06-15 at 7.40.51 PM.png

    As required by the CCPA, this section lists the categories of Personal Information We may have disclosed and the categories of recipients of such information in the preceding twelve months:

    California residents are afforded certain rights related to their information under state law. We aim to take reasonable steps to allow California residents to access or delete your Personal Information and exercise other applicable rights. We inform you that, where applicable under relevant law, individuals may be entitled to the following:

    • Right to Know: The information we collect, use, disclose, and sell about you is set out in this Privacy Notice, together with any other specific notices that are provided to you at the time of collection of your Information. Additionally, you can ask us to provide a list of:
    • The specific pieces of your Personal Information we hold;
    • The categories of Personal Information collected about you within the last 12 months;
    • The categories of sources of from which your Personal Information is collected;
    • The categories of third parties with whom your Personal Information was shared for a business purpose or sold in the last 12 months; and
    • The business or commercial purpose for collecting or selling your Personal Information.

    This right is not absolute and only applies in certain circumstances.

    • Right to Delete: You can ask us to delete your Personal Information that we have about you. This right is not absolute and only applies in certain circumstances.
    • Right to Opt-Out of the Sale of Personal Information: You have the right to opt-out of the sale of your Personal Information. Our sale of your Personal Information is limited to the circumstance described above. You may opt out of the sale of your Personal Information by clicking the opt out option here [link].
    • Right to Non-Discrimination: You have a right to non-discrimination in the Services or quality of Services you receive from us for exercising your rights. This right is limited and does not apply in certain circumstances.
    • Disclosure of Direct Marketers: You can ask us to provide the categories of information we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year; the names and addresses of the third parties that received the information; and if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.
    • Authorized Agents: Under California law a consumer can appoint an “authorized agent” to make certain verifiable requests upon their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. An “authorized agent” may submit a request on behalf of a California resident who has authorized the agent to act on their behalf. Because the security and privacy of your information is paramount, we will ask that you identify such persons and directly confirm that such persons are authorized to act as your agent and exercise your applicable rights under California law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity.
    • California Civil Code Section § 1798.83 permits users of our Site that are California residents to request the categories of Personal Information we disclosed to third parties for their direct marketing purposes in the year preceding the request, the names and addresses of such third parties, and, in certain circumstances, examples of the products or services marketed by such third parties. These requests may be made once per year. To make such a request, please email us at hello@klicktrack.io or write us at:
    • KlickTrack, Inc.
    • 9727 Coppertop Loop, NE
    • Suite 202
    • Bainbridge Island, WA 98110

    As described above, California residents have certain rights to access, delete, or otherwise control the use, collection, and/or disclosure of their information. We will respond to an individual’s “verifiable request” to exercise their rights under such laws, that is, where we have received a request purporting to be from a particular individual, and we have been able to verify the individual’s identity. The need to verify an individual’s identity is critical to protecting your information and ensuring that your information is not shared with anyone pretending to be you or someone who is not authorized to act as your agent on your behalf.

    You may submit a verifiable request via the following:

    By email: support@klicktrack.io      

    or

    By telephone: (360) 858-6058

    We will ask you to provide information about yourself so that we can verify your identity as part of this process. This information may include your name, e-mail address, services you have received from us, and any other information deemed necessary by us to reasonably verify your identity, to ensure that your information is not shared with anyone impersonating you. Once we have verified your identity, we will work to fulfill your request in a timely manner. Please note there may be some situations in which we are unable to fulfill your request, such as if we cannot find any information about you within our systems. Additionally, we may not be able to honor a deletion request in some situations, such as if your information is necessary to fulfill the Services you requested or meet a legal obligation. We will inform you whether we can fulfill your rights request.

    We may ask for additional information if we have difficulty confirming your identity. We will not share your information or honor other requests in those situations in which we are unable to confirm a request for your information is a “verifiable request.”

    Under California law a consumer can appoint an “authorized agent” to make certain verifiable requests upon their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. An “authorized agent” may submit a request on behalf of a California resident who has authorized the agent to act on their behalf. Because the security and privacy of your information is paramount, we will ask that you identify such persons and directly confirm that such persons are authorized to act as your agent and exercise your applicable rights under California law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity.

    Please note when you request to know or access to your Personal Information, there will be some Personal Information which we are not able to disclose to you, such as documents which include confidential or Personal Information about another entity or person; documentation relating to management forecasting or planning; and copies of references. We will not be able to comply with your request in certain circumstances, for example where your request is manifestly unfounded or excessive.

    7.    CHILDREN

    Our Service is intended for use only by persons who are at least 21 years of age or older. By using this site, you confirm to us that you meet this requirement. If you are aged 18 or under, please get your parent/guardian's permission beforehand whenever you provide personal information to our Site. Users without this consent are not allowed to provide us with personal information.

    If you are under the age of 18 your parent or guardian must consent on your behalf where we ask for consent in relation to the use of your information. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will take steps to delete that information as quickly as possible. If you are a parent or guardian and believe that we might have any information from or about your child who is under 13 years of age, please contact us at support@KlickTrak.com to remove the information and unsubscribe the child from any promotional contact opportunities.  

    8.    LINKS TO OTHER WEBSITES

    The Service may contain links to other websites not operated or controlled by KlickTrack, including social media services (“Third-Party Sites”). The information that you share with Third-Party Sites will be governed by the specific privacy policies and terms of service of the Third-Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third-Party Sites directly for information on their privacy practices and policies.

    9.    SECURITY

    You use our Services at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Services or e-mail. Please keep this in mind when disclosing any Personal Information to KlickTrack via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Services, or Third-Party Sites.

    10. INTERNATIONAL USERS

    The Services are not intended for use outside the United States. By using our Services, you understand and acknowledge that your Personal Data will be transferred from your location to our facilities and servers in the United States, where data protection laws may differ from those in your jurisdiction. You agree that if you are located outside the United States, you continue to use the Services at your own risk.

    11. YOUR CHOICES

    In certain circumstances providing Personal Information is optional. However, if you choose not to provide Personal Information that is needed to use some features of our Services, you may be unable to use those features. You can also contact us to request updates or corrections to your Personal Information.

    12. DIFFICULTY ACCESSING OUR PRIVACY POLICY?

    Individuals with disabilities who are unable to usefully access our privacy policy online may contact us at the above-listed contact information to inquire how they can obtain a copy of our policy in another, more easily readable format.

    13. CONTACT US

    If you have any questions about our Privacy Policy or information practices, please feel free to contact us at our designated request address: Support@klicktrack.io.  

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