Effective Date: August 25, 2020
SUMMARY OF KEY POINTS
WHAT PERSONAL INFORMATION DO WE COLLECT?
- We collect information directly from you when you register on our Website, Business Portal or an App, purchase a product, sign up for our Newsletter mailing list, or otherwise communicate with us, including your name, phone number, mailing address, email address (and the contents of any email you send to us), date of birth, payment information and information about the products you have purchased.
- We may collect personal information that you post on the Services, such as photos, comments, ratings and other information you choose to post.
- We also collect information about how you use our Services using a variety of technologies such as cookies, persistent cookies, web beacons, third party analytics tools and similar technologies, including your domain name, browser type, operating system, IP address, web pages viewed while visiting our site, links clicked, length of time spent on our Services, and reference website from which you accessed the Website.
- When you download and use an App, we automatically receive certain information about which JLC products are connected to the App, your mobile device and your usage of the App, such as the device operating system, the time you spent using the App, which features of the App you access and use, and error messages you receive.
- We engage a third-party service provider to collect information on our behalf, which is necessary to verify your age, for compliance with applicable regulatory requirements. Specifically, we may collect your full name, date of birth, physical address, photograph, information from your government-issued photo identification (including type, number, issue and expiry date and country or place of issuance) and an image of your ID document for age-verification purposes.
- We may also receive personal information about you from other sources such as your employer (if it is a supplier, reseller or consultant of JLC), or from companies who we have partnered with and other third-parties with your consent.
WHY DO WE COLLECT PERSONAL INFORMATION AND HOW IS IT USED?
- We use your personal information to provide you with the Services.
- We use your personal information to verify your age and monitor your compliance with our purchase limits, in connection with our efforts to prevent underage use of our products.
- We also use the information you provide to us to process any purchase you make, to respond to any communications that you send to us, and also to communicate with you about our products, the Services, your orders and your account.
- The information we collect about how you use our Service and read our emails is used in aggregate and de-identified form to operate, maintain, evaluate and improve our Services, send push notifications, and enhance your experience when using the Services.
- We also use the information that we collect for product development and internal analytics purposes.
- We use analytics data that we collect through our Services to provide personalized content and information and targeted advertising.
IS PERSONAL INFORMATION SHARED OR DISCLOSED?
- We share information with our affiliates, including JUUL Labs, Inc., which use the information in the same manner and for the same purposes that we use the information.
- We share information with third party online advertising networks so that they can deliver advertisements to you for products and services that may reflect your interests. Information we share include cookies and your IP address. Cookies collect information including hashed data, click stream information, browser type, device type, time, and date you visited the Website.
- We share your name and email address with third parties whose promotional messages you have opted-in to receive.
- We also use certain service providers who will have access to some of the information we collect, and we may disclose certain information if we sell our business or combine with another business.
- Also, if you post content to any public area of our externally facing platforms, this information will be visible to the public and we may publish this information on our Services along with some of your personal information such as your first name, last initial, and province of residence.
- Your information may also be disclosed where permitted or required by law.
WHAT ARE THE RISKS?
- Although we take steps to safeguard the personal information under our control, "perfect security" does not exist online. We cannot guarantee the security of information posted or transmitted using the Services. It is possible that third parties may unlawfully intercept or access such information.
- If you choose to disclose personal information when posting comments or other information or content on the Services, this information is publicly available and may be collected, used and re-posted by others, including people outside the JLC community. We cannot control distribution of content that you post on the Services, including through the Website, Business Portal or the App.
WHAT ARE YOUR CHOICES?
- You can contact us for customer service issues in various ways. However, calls to customer service may be recorded to help improve our products or services and we may collect specific information related to your customer service issue, your name, and your contact information.
- You can delete your account for the Services and/or delete the App from your device at any time. We may keep your information (but not use it) for a certain period of time to protect our rights and interests.
- If you pair your device with the App, the device will share usage data with the App. You may opt out of having usage data shared with the App during the enrollment flow. If you select this option, your device will still function, but you will not be able to use the App. Another option is to delete the App from your device.
- You can choose whether or not you want to receive promotional emails.
- You can withdraw your consent to our continued use of your personal information, subject to any legal or contractual restrictions.
WHAT ELSE SHOULD YOU KNOW?
- We permit third party online advertising networks and other third party services, to collect information about your use of our Services so that they may play or display ads that may be relevant to your interests.
- We transfer information to be used and stored in the United States or other countries. This means that the information may be accessible to courts, law enforcement and national security authorities in the U.S. and other countries.
1. INFORMATION COLLECTED
JUUL Labs Canada Ltd. (“JLC”, “us” or “we”) holds your personal information in the highest regards and is dedicated to providing the best experience on our Services.
In carrying out its business, JLC collects and uses a variety of personal information. The personal information that JLC collects varies depending on our interaction with you.
The categories of information we collect can include:
INFORMATION THAT YOU PROVIDE TO US
We collect personal information that you provide to us directly, such as your name, address, telephone number, email address, date of birth and location, for example when you register on a Website or an App, complete a purchase, communicate with us, sign up for our Newsletter mailing list, participate in a contest, survey or promotion or otherwise communicate with us (e.g., via customer service). Account creation is required when purchasing products from the Website or at certain retail locations, using certain features of the App or using the Business Portal. In order to create an account you will first need to be age verified. We engage a third-party service provider to collect information on our behalf, which is necessary for this purpose including your full name, date of birth, physical address, your photograph, information from your government-issued photo identification (including type, number, issue and expiry date and country or place of issuance) and an image of your ID document. We also collect payment information and information about the products you purchase, when you purchase a product through the Services.
We may also obtain personal information from a third party in some circumstances, including from our business contacts. For example, if you are employed by a supplier, reseller or consultant of JLC, your employer may provide us with your personal information to allow us to grant you access to systems or premises as required to perform your duties.
We may also collect any communications between you and JLC and any other information you provide to JLC. If you download and use our mobile App to access the Services, the App does not require you to enter any personal information, though you may voluntarily provide information to us through the App, for example, when you contact us through the App’s customer service link and provide to us your name, email address and any information you choose to include in the text of your message. If you chose to use the usage alert feature, we will collect information about your chosen usage limits.
We may receive personal information about you from other sources with which you have registered, companies who we have partnered with or other third parties, with your consent.
INFORMATION AUTOMATICALLY COLLECTED
The App may store information regarding usage of a compatible JLC device that you have linked to the App when the App is running or when a compatible JLC product is available to pair with the App. Such information may include identification and pairing information to connect with a JLC product, log files, modes, settings, durations, error rates, and other information that may be useful to enhance the connectivity between a compatible JLC product and the App. Device usage information will be gathered once a JLC device is paired with the App. Device usage information is transmitted in a secure and encrypted manner.
2. USE OF INFORMATION COLLECTED
JLC uses the information that is collected in various ways.
We use the personal information to operate, maintain, and provide to you the Services, including features and functionality of the Website, App or Business Portal, facilitate a purchase, including facilitating payment for your purchase, communicate with you in relation to a purchase or an order, provide customer service, respond to your questions or inquiries, meet legal and regulatory requirements, verify your age and monitor your compliance with our purchase limits in support of our youth prevention efforts, establish or maintain a commercial or business relationship, provide App features such as usage monitoring and usage alerts, carry out other purposes that are disclosed to you and to which you consent, and for any other purpose permitted or required by law. We may also send you service-related emails or messages (e.g., account verification, change or updates to features of the App, Website or Business Portal, technical and security notices).
More specifically, information collected helps our efforts to advance the online experience when visiting our Services. This ranges from accessibility, improving content, customer service, shopping checkout experience and overall Services satisfaction. We also use information we collect to assist with product development efforts, response to mandated legal notices, process purchases on the Website, to provide you with products or services you request from us, to improve your overall experience with the Services, for internal analytics purposes, to troubleshoot technical difficulties and errors, to notify you about changes to our Services, and in any other way we may describe at the time the information is collected or otherwise with your consent. We may send you service-related messages (e.g. account verification, changes to the features of our Services, technical and security notices).
3. SHARING OF INFORMATION COLLECTED
We may share your personal information with: Third-party vendors, service providers, contractors and agents that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving advertisements, providing mailing services, providing financial services, web hosting, providing analytic services, age verification, and processing payments. This sharing is only done so when those entities are performing functions solely on our behalf and they are not permitted to store such information except as needed to perform our work or as required by law;
When you post content to any public area of our externally facing platforms, including social media pages or blog, this information may be visible to the public and we may publish this information on our website and social media pages along with some of your personal information such as your first name, last initial, and province of residence;
We may use and display your full name and email address when you send an email notification or referral to a friend through our Services.
With your consent, third parties who may send you offers and information about products and services we think you may enjoy;
Other parties in connection with a company transaction, such as a merger, corporate restructuring, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings; and
PLEASE NOTE: The products sold on this website are highly regulated by various governing agencies. It may become necessary to share the information that we collect with such agencies to comply with laws, a judicial proceeding, court order, or other legal requests.
Your information will be accessible by JLC, JUUL Labs, Inc., MailChimp, and other third-party service providers, including their employees in digital, marketing, sales, and legal, who have a need to know such information to perform their duties.
4. AGE VERIFICATION
The products that we sell on our Website or otherwise through our Services are highly regulated and age-restricted. We are required and committed to preventing sales to anyone under the legal purchasing age.
We request as part of our Reseller Policy that each retailer selling our products implement a robust age-verification and fraud protection protocol.
We will only send marketing materials and information that encourage or facilitate a purchase of our products after the recipient has certified that the recipient: 1) is a of legal purchasing age for the product he/she wishes to purchase; 2) wishes to be added to our mailing list for the purpose of receiving transactional offers and advertising from a tobacco-regulated company; and 3) understands that providing false information may constitute a violation of the law.
Before an individual can make a purchase from a product specific newsletter mailing list, we will verify the individual’s age through a non-affiliated third-party company. This company shares your information with trusted third parties such as credit bureaus and telecom providers so that they can verify your age through their records. We utilize these trusted verification services to verify the information provided and ensure that the individual qualifies to access and purchase products from the Website.
In some cases, we might not be able to verify a customer’s age and/or identity through their verification service. In such a case, the customer will be requested to upload a copy of the customer’s government ID that our team can manually verify the date of birth.
5. THIRD PARTY TRACKING AND ONLINE ADVERTISING
We may share, or we may permit third party online advertising networks and other third-party services, to collect, information about your use of our Services to optimize the use of the Services.
When you use the Website or Business Portal, your use may be tracked over time so that these third parties may play or display ads that may be relevant to your interests on our Services as well as on other websites or apps. Additionally, the Website and or Business Portal may utilize third party sites to provide content to JLC customers such as social media features.
These third-party sites may set cookies on your browser and/or obtain your IP address. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including hashed data, click stream information, browser type, time and date you visited the Website or Business Portal, and other information. This information is used to display targeted ads on or through our Services or on other websites or apps, including on Facebook. We or the online advertising networks use this information to make the advertisements you see online more relevant to your interests. As noted above, depending on your browser or mobile device, you may be able set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or mobile device. We do not permit third parties to collect your identifiable information from the Website or Business Portal unless you provide it to them directly.
6. INFORMATION COLLECTED VIA TECHNOLOGY
An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. In some cases, your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. For example, we, or our service providers, may track your IP Address when you access JLC to assist with ad targeting.
“Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a 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 with JLC. Persistent Cookies can be removed by following your Internet browser help file directions. In order to use our services offered through JLC, your web browser must accept Cookies. If you choose to disable Cookies, some aspects of JLC may not work properly, and you will not be able to receive our services.
To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices, and you may also adjust your ad preferences through your Facebook settings.
7. RIGHTS & CHOICES WITH RESPECT TO YOUR DATA
Opt-out of collection of usage data sharing
If you pair your device with the App, the device will share usage data with the App. You may opt out of having usage data shared with the App during the enrollment flow. If you select this option, your device will still function, but you will not be able to use the App. Another option is to delete the App from your device.
Opt-out of Secondary Uses
You may opt-out of the use of your personal information for secondary marketing purposes by communicating with us as set out below.
Controlling your communications preferences
You do not have to consent to receiving promotional messages in order to use our Services. In fact, certain messages will not be sent to you unless you provide explicit consent (e.g. email promotional messages from third parties).
You can stop receiving promotional email communications from us at any time by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of product or service-related communications (e.g., account verification, transactional communications, changes/updates to features of the service, technical and security notices).
Access and Rectification
You have the right to request to have access, update and/or correct your personal information, subject to any permissible or required exceptions under applicable law. To make such a request, please contact us directly at firstname.lastname@example.org.
8. PERSONAL INFORMATION INADVERTENTLY COLLECTED
Our Services are not intended for individuals under the legal age to purchase vaping products in their province/territory of residence. In the event that we learn that we have inadvertently collected such personal information, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at email@example.com.
9. TRANSFERRING DATA OUTSIDE CANADA
Your information collected through our Services may be stored and processed in the United States or any other country in which JLC or its affiliates or service providers maintain facilities. Please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as Canada, and such information may be accessible to courts, law enforcement and national authorities in the jurisdiction(s) where it is stored. If you do not want your information to be transferred or stored outside Canada, you should not provide us with any personal information.
10. THIRD PARTY WEBSITES
We retain information for as long as required to fulfil the purposes for which it was collected, or longer as required or permitted by law, and take the security of your information seriously and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Services. Our Services support the industry standard Transport Layer Security (TLS) encryption which is applied to all data transmitted so it cannot be read by others. In addition, if you are using a shared computer to access the Website or Business Portal, we recommend that you log out of your account before ending your browser session. This will also decrease the risk that your account will not be used by anyone other than yourself. Unfortunately, the transmission of information online is not completely secure. Although we do our best to protect all information collected through the Services, we cannot guarantee the security of your information collected and/or transmitted through the Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
12. ELECTRONIC COMMUNICATIONS
We may, with your consent, send you information about products or services that may be of interest to you, including information on current activities, general announcements, upcoming products and services, changes to our products or services, and upcoming events. These communications may be sent in various ways, including by e-mail, by text message by another form of electronic message and through the Services. If you choose to sign up to receive information about products or services that may be of interest to you, we will collect and use your contact information, including your email address, for this purpose.
You may withdraw your consent to this use of your personal information by contacting us as outlined below.
You may also opt out of receiving commercial electronic messages to your electronic address by using the unsubscribe mechanism that will be included in each electronic message we send you.
Even if you opt-out of receiving marketing communications, we may send certain service communications, such as confirmations or security announcements, by e-mail, through the Services, or by text message or by another form of communications.
If you send an e-mail to us, or provide us feedback through the Services, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may also use and display your full name and email address when you send an email notification to a friend through the Services (such as in an invitation).
You understand that when you post information on the Services, this information may be shared with other users and posted on publicly available portions of the Services. Please keep in mind that if you choose to disclose personal information when posting comments or other information or content through the Services, this information may become publicly available.
14. CONTACT US
Without limiting the above, you can contact us if:
- You wish to access, correct and/or update your personal information.
- You wish to withdraw your consent to the continued use of your personal information.
- You would like further information about the processing of your personal information by our service providers (including affiliates) outside Canada.
- You have any concerns or complaint about our processing of your personal information.