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Privacy Policy

Last updated: August 29, 2024 | ‍Effective as of July 19, 2019

PLEASE READ THIS PRIVACY POLICY AND THE RELATED TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE. THIS PRIVACY POLICY INCLUDES A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION. SEE “GOVERNING LAW; DISPUTE RESOLUTION” SECTION FOR DETAILS.

This Privacy Policy Notice (“Privacy Policy”) applies to the dispensaries, called Continuum, of Cresco U.S. Corp and its subsidiaries and Cresco Labs Inc. and its subsidiaries (collectively, “us”, “we”, or “our”). This Privacy Policy also applies to the use of our websites owned or operated by us (collectively, the Website) unless a different policy is provided on a particular site or application in which case such different policy shall govern and control. 

If you are a medical cannabis customer, then please see the Medical Cannabis Privacy Notice. The following notice only applies to the extent that you provide or we collect your personal information that is not your medical information.

We may amend this Privacy Policy, from time to time without notice to you, the reader, by posting the most recent version on this Website. Please access and review this Privacy Policy regularly. Your use of the Website indicates that you have read, accepted and unconditionally agreed to our Privacy practices, as outlined in this Privacy Policy and any applicable terms. The Terms of Service (“TOS”) for this website, located at https://trustcontinuum.com/privacy-policy are incorporated herein by this reference.

This page informs you of our policies regarding the collection, use, and disclosure of individually identifiable information we collect about you in connection to your use of our products or services.

We will not use or share your information with anyone except as described in this Privacy Policy.

By purchasing our products or using our services, you agree to the collection and use of your information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our TOS.

THIS PRIVACY POLICY INCLUDES A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION. SEE “GOVERNING LAW; DISPUTE RESOLUTION” SECTION FOR DETAILS.


Information We Collect

We may collect or may have collected the following categories of information about you. In some cases, the information we collect may fall within more than one category:

• Contact information and personal identifiers, such as your name, address, email address, telephone number, and username or social media handle.

• Device identifiers, such as information about your device like your MAC address, IP address, or other online identifiers.

• Demographic information, such as your age, sex, and gender (some of which may be protected by applicable law).

• Physical characteristics that can processed via our dispensary security cameras, such as your hair type and color, skin type, and eye color.

• Commercial information, such as the products or services you have purchased, returned or considered, and your product preferences.

• Payment information, such as your method of payment and payment card information (including payment card number, expiration date, delivery address and billing address).

• Identity verification information, such as photo and/or phone number identification for in-store pick-ups, and other authentication information (like passwords).

• The location of our dispensaries you have visited or shopped at.

• Online or network activity information, such as information regarding your interaction with our website, mobile applications, digital properties, and advertisements, information about your browsing and search history on our website or mobile applications, and log file information which includes, but may not be limited to, your browser type, webpages you visit, and other electronic network activity.

• Professional or employment-related information, such as information from your resume, employment history, education information, your professional title, the name/address/and-or phone number of your current company or former companies that you have worked for, and professional licenses or certifications.

• User Content, such as your communications with us and any other content you provide (including photographs and images, videos, reviews, articles, survey responses and comments).

• Inferences drawn from or created based on any of the information identified above.


Sources of Information

We may collect information about you from the following sources:

• Directly from you, or your personal representatives or others who accompany you or contact us on your behalf, such as when you make a purchase on our website or in one of our dispensaries, contact us with a question or complaint, create an account on our website, register for one of our loyalty programs, respond to a survey, participate in a contest or other promotion, participate in a focus group, make an appointment, sign-up to attend an event, apply for employment or sign-up to receive marketing communications.

• Cookies and automatic collection methods. When you visit our website or use one of our mobile applications, and when you open or click on emails we send you, we (and third parties we work with) may automatically collect information from your browser or device using technologies such as cookies, web beacons, pixel tags, and similar technologies. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Web beacons or pixel tags are small images which are embedded into our website or emails that provide us with information about your browser or device, or whether you open or click on the emails we send you. These technologies enable us, or the third parties who place such technologies, to collect information such as device identifiers and online or other network activity information.

• Through in-store interactions and other offline technologies, such as video surveillance and WiFi technology in and around our dispensaries, and call recording technology when you speak to customer service.

• From our business partners and service providers, such as demographic companies, analytics providers, advertising companies and networks, third-party retailers, and other third parties that we choose to collaborate or work with.

• From social media platforms and networks, such as Facebook, Twitter, Pinterest, and Instagram. For example, we may obtain your information from a social media platform or network if you interact with us on social media or choose to log-in to our website using your social media credentials.


How We Use Information

We may use or may have used the information we have about you:

• To provide products and services to you, such as fulfilling orders and processing payments; creating, servicing and/or maintaining your account or any loyalty program membership you may have with us; assisting with product selection and replenishment; and managing current or past purchases.

• To communicate with you, including to respond to your inquiries or complaints, and to help you place an order. YOU AGREE THAT IF A STATUTE, REGULATION, OR OTHER RULE OF LAW REQUIRES US TO PROVIDE OR MAKE INFORMATION AVAILABLE (“REQUIRED INFORMATION”) TO YOU IN CONNECTION TO YOUR USE OF THE WEBSITE AND/OR PURCHASES MADE AT ONE OF OUR DISPENSARIES, WE MAY PROVIDE THE APPLICABLE REQUIRED INFORMATION IN THE FORM OF AN EMAIL AND/OR ELECTRONIC RECORD. YOU MAY RECEIVE A PAPER COPY OF REQUIRED INFORMATION OR WITHDRAW YOUR CONSENT TO RECEIVE REQUIRED INFORMATION IN THE FORM OF AN EMAIL AND/OR ELECTRONIC RECORD BY EMAILING US AT PRIVACYOFFICE@CRESCOLABS.COM AND, IF REQUESTED BY US, PROVIDING YOUR HOME ADDRESS FOR PAPER MAILING. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE RESERVES THE RIGHT TO CHARGE A COST-BASED FEE FOR A PAPER COPY OF REQUIRED INFORMATION. PLEASE NOTE THAT YOU ARE RESPONSIBLE FOR MAINTAINING AN ACCURATE EMAIL ADDRESS ON THE WEBSITE FOR NOTIFICATION PURPOSES. YOU MAY CHANGE YOUR EMAIL ADDRESS TO ENSURE ITS ACCURACY ON YOUR APPLICABLE WEBSITE ACCOUNT PAGE.

• To administer your participation in special events, contests, sweepstakes, surveys, focus groups, promotions and our loyalty programs.

• For marketing and advertising, such as to send you marketing and advertising materials via postal mail, text message or email, and to show you advertisements for products and/or services tailored to your interests on social media and other websites.

• For analytics purposes, such as to understand how you use our website and mobile applications, understand your preferred method of purchasing with us; determine what browser and devices you use to visit our website or mobile applications; and to evaluate and improve our products, services, advertisements, website and mobile applications.

• To operate and improve our business, including to respond to employment applications, provide quality assurance, conduct research and development to develop new products and services, and perform accounting, auditing and other internal business functions.

• For legal and security purposes, such as to detect, prevent, and prosecute harmful, fraudulent, or illegal activity, loss prevention, identify and repair bugs on our website or mobile applications, and to comply with applicable legal requirements, relevant industry standards and our policies.

We also may use or may have used the information in other ways for which we provide specific notice at the time of collection.



How Your Information Is Shared

We may share information we collect about you to the following parties:

• Our affiliates. We may share information we collect about you with our corporate affiliates to offer you products and services that may be of interest to you.

• Service providers. We may transfer information we collect about you to service providers who perform services on our behalf based on our instructions. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card payments, record and process your purchases at our retail locations, fulfill orders, and that provide website and application functionality, hosting, analytics, advertising and marketing services.

• Parties to a corporate transaction. We may transfer information we collect about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation).

• Other third parties. We may disclose information we collect about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity, (iv) when disclosure of information we collect about you is otherwise required or permitted by law, or (v) with your consent.


Opt-Out Rights

Your opt-out rights are as follows:

• Email Opt-Out. You can opt-out of receiving marketing communications by email by following the instructions within the emails you receive from us. if you opt-out from marketing email communications, we may still send you transactional or operational emails. Examples of transactional or operational emails include, purchase or shipping confirmations, password resets, profile updates or other account related messages.

• Direct Mail Opt-Out. We do not own or maintain this mailing list. Similar to how other companies send mailers directly to potential customers, we partnered with a third-party provider to issue direct mailings to households age 21 and older that live in close proximity to one of our dispensaries.

If you want to opt out of receiving direct mail advertising, you can visit https://www.dmachoice.org/ for more information on how to manage the mail your household receives.

• Text Message Opt-Out. You can opt-out of receiving text messages from us by texting STOP or following the link at the bottom of any texts. Please access and review our Text Message Policy for more information on promotional text messages.

Website Visitation/Log Data

When your mobile device or computer connects with the Website or views an HTML email, your device connects with our web servers. Our web servers automatically collect usage information including visitor use and navigation of the Website. Such usage information includes the number and frequency of visitors to each web page, the duration of visit, the type of browser, the device type, the location, referrer data that identifies the site visited prior and subsequent to visiting the Website and IP address. (Please see below for more information on Log Data, IP addresses and Cookies.) This information is used for operation of the service, to maintain the quality of the service, and to provide general statistics of the site.

We collect information that your browser sends whenever you visit our website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party analytic services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our service’s functionality. These third-party service providers have their own tracking mechanisms such as cookies or web beacons to collect this information as well as privacy policies addressing how they use such information. Please click the provided links to learn more about Google’s Privacy Policy and to access Google’s Analytics Opt-out Browser Add-on.

California Residents

If you are a California resident, then, in addition to the information above, we provide the following additional information about our privacy practices. Capitalized, but not defined, terms used in this section have the meanings provided in the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act (“CCPA”).

The specific personal information that we collect is listed above. Of that information, the following is sensitive information:

Your driver’s license, state identification or passport number. Your account log-in in combination with any required security or access code, password, or credentials allowing access to an account.

Disclosures of Personal Information. We may disclose or may have disclosed your Personal Information to certain categories of third parties, as described below.

  • Contact information and personal identifiers: we may disclose or have disclosed this information to our corporate affiliates, providers, fraud detection providers, law enforcement authorities or other government official where required or permitted by law.
  • Demographic information: we may disclose or may have disclosed this information to our corporate affiliates, service providers, fraud detection providers, law enforcement authorities or other government official where required or permitted by law.
  • Physical characteristics: we may disclose or may have disclosed this information to our corporate affiliates, law enforcement authorities or other government official where required or permitted by law.
  • Commercial information: we may disclose or may have disclosed this information to our corporate affiliates, service providers, fraud detection providers, law enforcement authorities or other government official where required or permitted by law.
  • Payment information: we may disclose or may have disclosed this information to our corporate affiliates, service providers, fraud detection providers, law enforcement authorities or other government official where required or permitted by law.
  • Identity verification information: we may disclose or may have disclosed this information to our corporate affiliates, service providers, fraud detection providers, law enforcement authorities or other government official where required or permitted by law.
  • Online or network activity information: we may disclose or may have disclosed this information to our corporate affiliates, service providers, fraud detection providers, law enforcement authorities or other government official where required or permitted by law.
  • Physical characteristics that can processed via our dispensary security cameras, such as your hair type and color, skin type, and eye color. we may disclose or may have disclosed this information to our corporate affiliates, service providers, law enforcement authorities or other government official where required or permitted by law.
  • Professional or employment related information: we may disclose or may have disclosed this information to our corporate affiliates, ervice providers, law enforcement authorities or other government official where required or permitted by law.
  • User Content. we may disclose or may have disclosed this information to our corporate affiliates, service providers, law enforcement authorities or other government officials where required or permitted by law.
  • Inferences: we may disclose or may have disclosed this information to our corporate affiliates, service providers, law enforcement authorizes or other government officials where required or permitted by law.


    Commercial Purpose

These disclosures take place for the following business or commercial purposes:

  • To audit our interactions with you to ensure compliance with applicable law and to measure the effectiveness of our products, services, and advertisements;
  • To detect, prevent, and prosecute harmful, fraudulent, or illegal activity;
  • To identify and repair bugs on our website or mobile applications;
  • To provide services, such as customer service, order fulfillment, and payment processing, which we either conduct or engage service providers to conduct on our behalf.
  • For research and development;
  • To further our business goals, including to advertise our products and services; and
  • For quality assurance.


California Resident Rights

Every California Resident is entitled to the following:

  • Access: The right to know what personal information we have collected about you, including the categories of personal information, the categories of the sources of the personal information, the business or commercial purpose for collecting the information, and the categories of third parties to whom we disclose your personal information, and you have the right to request access to your Personal Information, which includes the right to obtain confirmation from us as to whether or not Personal Information concerning you is being processed, and where that is the case, access to the Personal Information and information related to how it is processed. You have the right to request this information up to two times in a 12-month period;
  • Rectify or Erase: The right to rectification or erasure of your Personal Information, which includes the right to have incomplete Personal Information completed;
  • We do not Sell or Share your Personal Information. Accordingly, we do not have a methodology for opting out of the Sale or Sharing of Personal Information.
  • Right to Limit Use and Disclosure of Sensitive personal information; and
  • Consent: Where data processing is based on your consent, the right to withdraw consent at any time.

    To make a request pursuant to the rights listed above, please contact privacyoffice@crescolabs.com or by phone at (888) 901-8698. If you make a request, we will verify your identity before acting on the request-be prepared to explain your relationship with us and the approximate dates of your interactions with us. If you are an authorized agent of the person who is the subject of the personal information, be prepared to explain your relationship with the person and the reason (with written proof) you have the egal ability to exercise the person’s rights. If you make a request, we will acknowledge your request within 10 business days, and will respond within forty-five (45) days. That period may be extended by notice when necessary.

Please visit CCPA for more information regarding your rights


Florida Residents


If you are a Florida resident who is using our website for the purpose of making a website purchase, the following information applies to you.

By using our website for the purpose of making a website purchase, you expressly agree that we may use personal identifying information for the purpose of effectuating website purchases. As used in this paragraph, the following definitions apply: “Website purchase” means the purchase of or making reservations or pre-reservations for the purchase of usable product or marijuana delivery devices by a qualified patient or caregiver through our website. “Personal identifying information” means data which includes, but is not limited to, the patient’s or caregiver’s name, social security number, email address, address, date of birth, photograph, and telephone number.

Miscellaneous:

Cookies

Cookies are small text files with a small amount of data, which may include an anonymous unique identifier. There are two types of Cookies: session and persistent. Session Cookies are sent to your browser from a web site and are deleted when the browser is closed. Persistent cookies retain information for later use until the cookie is set to expire. Persistent cookies are tools used to simplify the process of recording information on the site.  

Examples of cookies that we use are Google Analytics to learn about website users’ use of our website and marketing cookies to provide relevant content to users. You may opt out of cookies by changing your cookies preferences using the “Cookie Settings” link at the bottom of our webpage.

Internet Protocol (“IP”) Do Not Track Disclosure

We do support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Notice Regarding Medical Advice

THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.


Security

The security of your Personal Identifiable Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices commensurate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Identifiable Information we have collected from you. You use the Website at your own risk. When you provide the Website sensitive or confidential information, we will treat your information as our own and take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. We use industry standard security protocol to encrypt sensitive information.


Links To Other Websites

Our Service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s website. We strongly advise you to review the Privacy Policy of every Website you visit.

We do not endorse or sponsor any other third-party websites. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party websites or services.


Children’s Privacy

Only persons aged 18 or older have permission to access our Service. The Website is not aimed or intended for children under the age of 18. If you are under the age of 18, please do not use the Website. If we discover that a person under the age of 18 has provided us with any personal information, we will use commercially reasonable efforts to delete such persons personal information from its systems.

Our service does not address anyone under the age of 13 (“Children”). The Website supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Identifiable Information, please contact us. If we become aware that we have collected Personal Identifiable Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.


Revisions Privacy Policy

We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the “effective date” located at the top of this Privacy Policy. For changes to this Privacy Policy that we deem material, we will notify you through an email notice or by placing a prominent notice on our website. If you access or use the Site in any way after the Privacy Policy has been updated, you will be deemed to have read, understood and unconditionally consented to and agreed to any modifications to the Privacy Policy on this page  and will constitute your acknowledgement of the modifications and your consent to abide and be bound by the modified Privacy Policy.


Contact Us

If you have any questions about this Privacy Policy, please contact us by email at privacyoffice@crescolabs.com or by postal mail at:

Cresco Labs, LLC

Attn: Marketing Department

600 W Fulton Street, Suite 800

Chicago, IL 60661


Enforceability

In the event any part of this Privacy Policy is declared by any court or other judicial or administrative body to be null, void, or unenforceable, said provision shall survive to the extent it is not so declared, and all other provisions of this Text Policy shall remain in full force and effect.


Governing Law: Dispute Resolution

This Privacy Policy will be governed by and construed under the substantive laws of the State of Illinois, as if they were a contract wholly entered into and wholly performed within Illinois and without reference to conflict-of-laws considerations.

ANY DISPUTE RELATING IN ANY WAY TO THIS PRIVACY POLICY OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN COOK COUNTY, ILLINOIS AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. IT IS FURTHER AGREED THAT ANY DISPUTE OVER THE SCOPE OF THIS ARBITRATION PROVISION AND ANY DISPUTE AS TO WHETHER A CLAIM IS ARBITRAL SHALL BE SUBMITTED TO THE ARBITRATOR FOR DECISION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR SUCH PURPOSES. ARBITRATION IN CONNECTION TO THIS PRIVACY POLICY SHALL BE CONDUCTED UNDER THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY RULES THEN PREVAILING WITH THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.  

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.