Last Updated: April 24, 2019

This is the Privacy Policy (“Privacy Policy“) of Simplifya (“Simplifya” or “Us” or “We,” or “Our” when possessive). This Privacy Policy explains how We collect, use and store the information We obtain from or about You when You use Our website, simplifya.com (“Website“), or Our mobile application (“App“), related services (“Service“), and any related data, information and materials (“Content“) (collectively the Website, the App, the Service and the Content are the “Product“). By using the Product, or any part thereof, You accept the Privacy Policy and You expressly consent to Our collection, storage, use and disclosure of Your information as described in this Privacy Policy. You (the “Client” “End User” or “You” or “Your” when possessive) represent, warrant and covenant that You have the power and authority and the legal right to agree to this Privacy Policy. For additional policies related to Your use of the Product, or any part thereof, please see our Terms of Service. As a Licensed Operator of a cannabis business (“LO“), Ancillary Company (“AC“), Government Entity (“GE“) or an employee of any of those entities, this Privacy Policy, as may be amended from time to time in Our sole discretion, applies to You, Your information, and Your use of the Product, or any part thereof. LO means a business that actually holds a valid license to manufacture, distribute or sell marijuana or marijuana products pursuant to the applicable state’s laws; AC includes third parties that perform compliance and auditing services for LOs, including, but not limited to law firms; and GE means a state or local government agency authorized by state statute or regulation or local ordinance to regulate LOs.

Federal Law Advisement

Marijuana is a Schedule I controlled substance under the United States Controlled Substances Act, 21 USC § 801, et seq., and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO MARIJUANA IS AT YOUR OWN RISK, AND THE USE OF SIMPLIFYA OR THE PRODUCT WILL IN NO WAY RESULT IN COMPLIANCE WITH UNITED STATES FEDERAL LAW. Simplifya has made no representation to the contrary. Despite Your use of the Product, or any part thereof, or Your compliance with applicable state law and current United States federal enforcement priorities and guidelines related to marijuana, You remain subject to severe criminal and civil penalties if you choose to cultivate, distribute, possess or otherwise engage in activities related to marijuana.

Simplifya is Not Your Attorney

Simplifya is not a law firm and it does not provide legal advice to anyone under any circumstances. Therefore, any information You provide to Us is not privileged or confidential attorney work product or otherwise protected from disclosure by any similar rule governing attorneys and their clients in Your or any other jurisdiction. You should not provide Us with any information You wish to remain privileged. Any information You choose to share with Us, or that You share with an attorney with whom You connect on the Product, or any part thereof, when communicating with such attorney on the Product, or any part thereof, may not be privileged and, therefore, may be subject to discovery, compelled disclosure or similar rule or procedure. You should discuss with Your attorney all information You may choose to disclose to Us on the Product, or any part thereof, in each instance, and You represent and warrant to Us that You will do the same.

Information We Collect

Through the Website and the App, we collect both “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify You, such as Your IP address, device ID, anonymous usage data, general demographic information we may collect, preferences You submit and preferences that are generated based on the data You submit. Personal Information includes information that can be linked to a specific individual or entity, such as a name, address, phone number, federal employee identification number (“FEIN“), payment information, email address, login information for third party sites and other information which You submit too Us through the Product, or any part thereof. Personal Information also includes, but is not limited to, the checklists that You choose to generate, the ACs You may have had inspect Your facility and the results of and reports related to those inspections.

Information You Provide Us

In order to create an account (“Account“) and use the Product, or any part thereof, You must first confirm that You are at least twenty-one (21) years of age or older. When You create an Account using the Website or App, we will ask You to provide Us certain information, including but not limited to, Your name, the name of Your entity, Your entity’s FEIN, the location of Your facilities, the licenses associated with Your facilities, credit card payment information, and any other information we may request from You. When You use the Product, or any part thereof, We will collect information about the ACs and/or GEs with which You communicate, the checklists You generate, the results of inspections and all other information relayed to Us through Your use of the Product, or any part thereof. You should assume that anything You do on the Product, or any part thereof, will be communicated to Us, and You expressly agree to such communication and disclosure, and that such communication and disclosure is voluntary and authorized by Your entity.

Information Collected from Your Device

When You use the App, We may collect Your mobile device’s unique device identifier (“UDID“) and Your geo-location if geo-location services are enabled on Your device. You may elect to turn on or off geo-location services for the App using the settings on Your device. In order to add comments or images for action items related to inspections, YOU MUST ENABLE GEO-LOCATION IN ORDER FOR THE APP TO HAVE FULL FUNCTIONALITY. If location services are not enabled, You will be prompted to enable location services when attempting to add comments or images to an action item.

Our Policies Concerning Persons Under 21

You must be twenty-one (21) years of age or older in order to create an Account on the App or use the Website. We do not knowingly collect or use any information from anyone under twenty-one (21) years of age. If We become aware that anyone under twenty-one (21) years of age has provided Us with any information, We will delete that information and the associated Account.

Your Interactions with Others

You may interact with others on the Product, or any part thereof, including ACs and GEs, and such other third parties (including other users of the App) may also collect, use and disclose information about You. For additional information related to Your interactions with ACs or GEs, please refer to Our Terms of Service found on the Website. This Privacy Policy does not cover such third parties or any products or services they may offer. Please review any terms of service, privacy policy, engagement agreement or similar agreement provided to You by any such third-party or consult with such third-party directly for information regarding how they collect, use and disclose information about You obtained in connection with their provision of products or services to You.

How We Use and Share Information

Personal Information

Personal Information You provide to Us is used to help Us communicate with You and to provide You with the services offered on the Product, or any part thereof, including, but not limited to, connecting You with AC’s and GE’s and generating checklists for Your facilities and the associated license types. For example, we use Personal Information to: (1) register and service Your Account; (2) solicit feedback and respond to Your questions; (3) provide technical support; (4) connect You with third party inspectors like ACs and GEs; and (5) inform You about product or promotional offers, or with regulatory updates.

Push Notifications; Emails

We may send push notifications to Your mobile device to communicate with You about the Product, or any part thereof. You can choose to disable such notifications via the settings in the App or on Your device at Your discretion. We may also send You emails that are initiated by use of the Product, or any part thereof, which include, but are not limited to, notifications, confirmations and other email types. ACs and GEs with which You communicate may also send You similar emails, which may or may not occur through the Product, or any part thereof. We may also send newsletter-type emails, which You may opt out of.

Non-Personal Information

We may use Non-Personal Information to help Us improve the Product, or any part thereof, and to customize the user experience. We may also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Website and the App. This Privacy Policy does not limit in any way Our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to Our partners, advertisers and other third parties at Our discretion (including aggregated and/or anonymized information about Our users and their use of the Website and the App). We do not use or respond to “do not track” signals that may be sent from Your mobile device.

Mergers, Acquisitions and Similar Business Transactions

In the event Simplifya undergoes a business transaction such as a merger with or acquisition by another company, or sale of all or a portion of Our assets, or in the event of Our bankruptcy or insolvency, Your Personal Information, as well as Non-Personal Information, may be among the assets transferred to a third party. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of Our assets may continue to process Your Personal Information as set forth in the then in effect Privacy Policy. Sharing Information with the Government or as Otherwise Required by Law Simplifya cooperates with government and law enforcement officials to enforce and comply with the law. We may therefore disclose Your information as listed above, if we have a good faith belief that it is reasonably necessary to: (1) satisfy any applicable law, regulation, legal process or enforceable governmental request; (2) enforce Our Terms of Service or this Privacy Policy, including, but not limited to, investigation of potential violations thereof or hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; or (4) protect against harm to the rights, property or safety of Simplifya, its users or the public as required or permitted by law. Simplifya is not precluded from disclosure of any such information by any rule governing attorney/client privilege, confidentiality, attorney work product or any similar rule in Your or any jurisdiction.

Data Retention

We may store information You provide Us, or information that is generated or collected automatically, for as long as is necessary to provide the Product, or any part thereof.

Your Preferences

If You would prefer not to receive product or promotional offers from Us via email, You can use the unsubscribe links contained in Our email messages.

Data Security

Simplifya and Our service providers implement security measures designed to protect Your information from unauthorized access, disclosure or accidental loss or destruction of Non-Personal Information and Personal Information. We utilize appropriate physical, technical and managerial safeguards designed to protect the information We collect from or about Our users, and we take commercially reasonable steps to protect the privacy of Your information.

Changes to Our Privacy Policy

We may occasionally update this Privacy Policy. When We do update this Privacy Policy, We will also revise the “Last Updated” date at the top of the Privacy Policy. If We make changes to this Privacy Policy that, in Our discretion, We consider significant, We will post the updated Privacy Policy on the Website and the App and We may also send e-mails to Our users who have created an Account containing a link to the revised Privacy Policy. Please review this Privacy Policy periodically to stay informed about how We are protecting the Personal Information We collect. If You continue to use the Product, or any part thereof, after We post an update to this Privacy Policy, You indicate Your acceptance of the updated Privacy Policy.

Contact Us

If You wish to access, delete or correct Your information, please send an email to support@simplifya.com. If You have any questions regarding this Privacy Policy or the practices of the Product, or any part thereof, please send an email to support@simplifya.com.