Privacy Policy

Who is Dispense Software and What Do We Do?

Dispense develops and provides e-commerce software to cannabis dispensaries to manage orders and inventory, schedule appointments, and manage customer relationships (“Services”).  We strongly believe that openness and transparency about our data practices is critical to ensuring we collect accurate information that aligns with the expectations of our Customers and Device Users. Accordingly, this policy should be an easy-to-understand guide to our data collection, use, and disclosure practices.

Dispense is responsible for the processing of your Personal Information as described in this Privacy Policy, unless specified otherwise.  In certain circumstances, Dispense acts as the controller of your Personal Information.  A “controller” is a person or entity that collects and controls how and why your Personal Information is used by the controller.  A processor is a person or entity that processes the Personal Information that the controller gives to them, in accordance with the controller’s instructions.  In most instances, the Customer to which Dispense provides Services is the controller of your Personal Information, and Dispense acts as a processor.

This Privacy Policy does not apply to the extent we process Personal Information in the role of a processor or service provider on behalf of our Customers, including where we offer to our Customers various products and services through which our customers (or their affiliates): (i) create their own websites and applications running on our platforms; (ii) sell or offer their own products and services; (iii) send electronic communications to others; or (iv) otherwise collect, use, share or process Personal Information via our products and services.

For detailed privacy information related to a Customer or a Customer affiliate who uses Dispense products and services as the controller, please contact our Customer directly. We are not responsible for the privacy or data security practices of our Customers, which may differ from those explained in this Privacy Policy.

Activities Covered

This Privacy Statement only applies to Personal Information collected by us when you:
-Visit our websites that display or link to this Privacy Statement;
-Visit our branded social media pages;
-Visit our offices;
-Receive communications from us or otherwise communicate with us, including but not
limited to emails, phone calls, texts or faxes;
-Use our products and services where we act as a controller of your Personal Data;
-Register for, attend or take part in our events, webinars, programs, trainings,
certifications or contests;
-Act as or work for a service provider or supplier to Dispense, to the extent Dispense acts
as a controller with respect to your Personal Information;
-Are employed by a Customer of our products and services where your information has
been shared with us in our capacity as a controller (for example, during the contracting
process); or
-Participate in surveys, research or other similar data collection facilitated by us.

This Privacy Statement does not apply to Personal Information collected and controlled by our
Customers or by Vendors, that we process in connection with providing Services to our
Customers.

Who are you?

Dispense generally interacts with several categories of individuals or organizations:
Device Users, Customers, Vendors, and Website Users.  Depending on which category you fall under at a given time, we process information from you differently.

Device Users: Device Users are individuals who use Vendor or Customer applications from which Dispense acquires data in order to provide its Services.

Customers: Customers are any person or organization that purchase Services from Dispense. They typically include cannabis dispensaries that are licensed in a state to sell medical cannabis, recreational cannabis, or both.

Vendors: Vendors are third parties that provide technology platforms for our Customers

Website Users: Website Users are individuals who visit our Customers website.

What Information Do We Collect?

We collect and/or control the following information (we refer to this information as Personal
Information or Information throughout this Policy):

Personal Information Collected from Website Users
We collect the following Personal Information from individuals that use our website.

Personal Identifiers:
-The IP address that has been assigned to your device when your information is collected.
-In order to communicate with you, we may collect contact information, which includes name, address, phone number, and email address. When you agree to provide it to us ONLY.
-Login information necessary to access your online account.

Device Information:
Various information about your device, including device type and model. For example, we may know that you are using a phone and that it is an iPhone 12. This also includes the browser type and operating system, time zone setting, browser plug-in types and versions.

On-Site Internet or Network Activity:
Web pages you view on our site, links you click, the length of time you visit our Site, and the webpage that led you to our site, and the webpages you go to.

Personal Information Collected from Vendors and Customers
We collect the following Personal Information from our application Vendors and from Customers to which we sell our Services:

Personal Identifiers:
-In order to communicate and provide our Services to our Vendors and Customers, we collect our Vendors’ and Customers’ contact information, which includes name, address, phone number, and email address.
-Login information necessary to access their online accounts.

Payment Information:
-In order to process or issue payments from or to our Vendors and Customers we collect bank account or credit card information from Vendors and Customers.

How Do We Collect Your Information?

We collect information directly from you. We collect information directly from Website Users, Vendors, and Customers to the extent you directly interact with us or in the provision of our Services.

We collect information from you passively. We use tracking tools like browser cookies and web beacons to passively collect information from Website Users. We collect information about Website Users over time when you use this website. We do this to understand the visitors to our site and better communicate with them – no information collected passively from our website is incorporated into our Services.

How Do We Use Information

Dispense uses your Personal Information in the following ways and purposes:
We combine information. We will combine all information we receive about you into one data set.

Provide Services. We may use your contact information in order to provide our Services, contact you and respond to your requests. We also use payment information to receive funds from and send funds to Customers.

Maintenance or Improve Our Website and Services. We use device information and internet or network activity to make our website and Services better.

Security and Fraud Prevention. We use personal identifiers, device information, payment information, and internet and network activity information to protect our website or Services, our company, and others and to prevent fraud, theft, and misconduct.

Marketing Purposes. We use personal identifiers to send Vendors and Customers information about our products or services. We also use personal identifiers to tell Vendors and Customers about new features or updates.

Transactional Purposes. We use your personal identifiers to contact you about this privacy policy or our terms.

Other Lawful Purposes.  We use your Information as otherwise permitted by law.

How Do We Share or Sell Your Information?

We share your Personal Information with the following categories of third parties:

Customers. We share Device User information, including personal identifiers, location information, commercial information, demographic information, device information, and inferences, through the provision of our Services to Customers. Customers may use your data for the same purposes for which Dispense uses your data.

Service Providers: From time to time, we may establish a business relationship with other businesses that provide us with certain services, whom we believe trustworthy and we believe to have privacy practices consistent with ours ("Service Providers"). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, and marketing, and payment processing. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

Affiliates: We may share Personal Information with businesses controlling, controlled by, or under common control with Dispense.

Corporate Transactions: If Dispense is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer any Personal Information in connection with such transaction to the extent permitted by law. You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Personal Information in a way that differs materially from this Privacy Policy.

Compliance with Laws and Law Enforcement: We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if we are compelled by law or regulation, or the company deems it appropriate. This may also include responding to legal requests (including court orders and subpoenas), assisting to protect the safety, property, or rights of our company or of any third party, or to comply with the law.

Cookies and Other Online Tracking Technologies

We and our Vendors use cookies or similar technologies to analyze trends, administer the website, track Website Users’ movements around the website, and gather demographic information about our Website User base as a whole.

“Cookies” are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences and actions. We may also use cookies to monitor traffic, improve the Website and make it easier and/or relevant for your use.

Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your web browser to decline cookies, some features of the Website may not work or may not work as designed.

Some content or applications, including advertisements, on the Website are served by unaffiliated third parties, including advertisers, ad networks and servers, content providers and application providers.

Your browser or device may include “Do Not Track” functionality. Because a “Do Not Track” compliance protocol has not yet been finalized, Dispense’s information collection and disclosure practices, and the choices that we provide to customers, will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.

Your Privacy Rights

As a part of complying with applicable privacy laws in the jurisdictions in which we operate, we provide individuals with the following rights regarding their Personal Information:
Rights Under California Law
Under current California law, California residents have certain rights as it relates to our collection, use, and processing of their information. These rights are not absolute and all requests are subject to exceptions and verification. Dispense may be required or permitted by law to decline any request. Only you, a person that you authorize to act on your behalf, or an entity registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to accessing or deleting your personal information.

You or your authorized agent can submit a request to Dispense at hello@dispenseapp.com or you can submit your request through the email address listed at the end of this Privacy Policy. In the subject line, include “CCPA Consumer Request,” and note in the body of the email whether you are seeking to access, delete, or opt-out of sale of your information.

To protect the privacy of your Personal Information, we are required to verify your request. Verifiable requests must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to the request. If you make a request to know or delete, in certain circumstances, we may ask you to verify your identity and proof of California residency, which may include a signed declaration under penalty of perjury that you are the individual whose Personal Information is the subject of the request.

When Dispense receives a consumer request, we make every effort to honor your request. We maintain records of all the requests received, the time it takes to respond to requests, and we track the outcomes of all requests.

Right to Access. You can make a request to access the categories or specific pieces of personal information Dispense collected, used, or shared about you in the past twelve (12) months.

Right to Delete. You can make a request to delete any Personal Information Dispense has collected about you. We will also communicate your deletion request to our Service Providers and direct them to delete your Personal Information.

Right to Opt-Out of Sale. Upon receiving a valid opt-out of sale request we will stop and refrain from selling any of your Personal Information. We will also communicate your opt-out of sale request to relevant third parties.

Right to Non-Discrimination. Dispense values giving consumers control over their privacy and Personal Information. If you choose to exercise any of your rights under the CCPA, we will not differentiate our services as a result of your decision. We also do not offer any financial incentives to opt-in to sell your Personal Information.

Use of an Authorized Agent. You can appoint a person or a business entity registered with the Secretary of State to act on your behalf. In order to do so, you must provide the authorized agent with written permission to do so. Your authorized agent should submit a copy of your written authorization. This can be done by attaching the written authorization to any request sent to the email contact listed at the end of this Privacy Policy. Dispense may request more information from the authorized agent if needed to verify the authorized agent’s identity or to avoid any breach of security or instances of fraud.

How Do We Secure Your Information?

We maintain commercially reasonable physical, electronic, and procedural safeguards to secure your information from loss, misuse and unauthorized access, disclosure, alteration, and destruction. However, we are unable to guarantee that security measures we take will not be penetrated or compromised or that your information will remain secure under all circumstances.

Notice of Processing In the United States

Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location and may be deemed by your country to have inadequate data protection. If you are located in a country outside the United States and submit Personal Information to us, you thereby consent to the general use of such information as provided in this privacy policy and to the transfer of that information to, and/or storage of that information in, the United States of America. If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, please do not use this Website.

Managing Your Information Preferences

You can review, correct, update, or change your Personal Information or opt out of receiving certain e-mails by changing the relevant settings in your account or by e-mailing us at hello@dispenseapp.com . You can also opt out of receiving marketing e-mails from us by following the link provided at the bottom of all marketing e-mails you receive from us.  You are able to opt out of receiving marketing e-mails from us.  However, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account.  If you have questions or concerns regarding this Privacy Policy, please e-mail us at that same address.

Children’s Information

We do not knowingly collect personal information of minors under the age of 16 or collect data
from Vendors who target minors under the age of 16. If a Device User identifies themselves as a
minor under the age of 13, our system de-identifies all data associated with the unique identifier.
If you are either a minor under the age of 16; or a parent or legal guardian of a child under the
age of 16 you may submit a request to know, opt out, or delete by sending an email with the subject line “Minor Information Request” to the email address listed at the bottom of this Privacy
Policy. Note that all requests are subject to appropriate verification.

Changes to this Policy

We may change the terms of our Privacy Policy from time to time without notice. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

How to Contact Us

If you have questions about this Privacy Policy, please contact Dispense via e-mail at hello@dispenseapp.com  with “PRIVACY POLICY” in the subject line or by mailing us at the following address:

Dispense Software, Inc.
101 Federal St., Suite 1900
Boston, MA  02110

We will investigate your question, respond to your inquiry, and attempt to resolve any concerns regarding your privacy question.