Tilray, Inc. and our subsidiaries (collectively, “Tilray,” the “Tilray Group,” “we” or “us”) are committed to privacy and transparency. A list of Tilray Group entities is available here. This Privacy Policy describes how Tilray collects, uses, discloses and otherwise manages personal information. “Personal information” means any information about an identified or identifiable individual.
This Privacy Policy applies to the personal information we collect related to our:
Additional Notices. Different privacy policies or notices (“Additional Notices”) may be provided by us and apply to certain Websites and services operated by Tilray Group companies; in such cases, these Additional Notices will control in the event of a conflict with this Privacy Policy.
A. Sources of Personal Information
We may collect personal information directly, indirectly (or automatically), and from third parties. For example, Tilray collects and uses personal information when individuals register for our services, purchase our products, visit our Website or other channels, communicate with us, submit inquiries to us, and or otherwise interact with us. In addition, in order to purchase cannabis from one of our medical use Websites, we may also collect and receive information from authorized third parties such as health care practitioners, medical clinics and caregivers. We also may automatically collect information about individuals, including visitors to our Websites (via cookies, pixels, and similar technologies).
In general, the personal information we collect includes: (i) name, address, email address and other contact information; (ii) date of birth, gender and other demographic details; (iii) prescription and medical records, including daily dosage, primary symptoms/conditions, and other information set out on an Individual’s medical document and registration materials, as well as the name, practice and other information about your prescribing health care practitioner; (iv) payment information, order and shipping information; (vi) account and profile data; your preferences and feedback on our products, services and Websites; and (vii) other information you choose to or consent to provide us.
Most of the personal information we collect from you is necessary for us to comply with our legal obligations, provide our services to you or to fulfil your request or orders. For example, in order to fulfil your cannabis order from one of our medical use Websites, we are required to collect certain documentation, including your prescription, prescribing health care provider, and other medical records; if you do not provide us with the required information, we will be unable to process your order. When we collect your personal information, we will highlight whether information is required to proceed or submit a request or order, and whether it is voluntary.
Tilray may collect personal information directly from individuals as follows:
As noted, we may receive information about you from third parties:
When you interact with us and use our Websites, we may automatically collect certain information about you and your devices and interactions, including:
Generally, we collect, use, disclose and process the personal information that we collect for the following purposes:
Anonymous and De-identified information. We create and use anonymous and de-identified information to assess, improve and develop our business, products and services, and for similar research and analytics purposes.
The EU General Data Protection Regulation (“GDPR”) and similar laws, including the UK Data Protection Act and Brazil’s General Law for the Protection of Personal Data, require that we inform you of the legal bases for our processing of your personal information. Pursuant to the GDPR and these other similar laws, we rely, generally, on the following legal bases for processing your personal data:
In addition, we may process your personal information where necessary to protect the vital interests of any individual.
Tilray does not, sell or rent your personal information, or share it with third parties for their own marketing purposes, without your consent. We may disclose personal information described below or as required or permitted by applicable law:
We and our service providers use cookies, pixels, log files and other technologies to gather information about your use of our Websites.
We may partner with third party advertising services including AdRoll to present you with advertising on third party Web sites based on your previous interaction with the Site. The techniques our partners employ do not directly collect personal information, but could be used to collect identifiable information about your online activities over time and across different Web sites, including when you use the Site. You can learn about AdRoll’s Privacy Policy here. You can visit this page to opt out of AdRoll’s and their partners’ targeted advertising.
We also implement Google Analytics Demographics and Interest Reporting, a display advertising feature from Google Analytics that allows us to review anonymous data regarding the gender, age and interests of visitors to the Site and adapt our content to better reflect the needs of our visitors. You can learn about Google Analytics’ Privacy Policy and use of cookies here. You can opt out of having your data used by Google Analytics by installing the Google Analytics opt-out browser add-on.
Our Websites may contain links to other websites that Tilray does not own or operate such as links to provincial cannabis stores to purchase cannabis for recreational use. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat personal information. We encourage you to read the privacy policy of every website you visit.
Tilray makes use of third-party service providers to store and process data, including personal information, on its behalf. Any of Tilray, its service providers, and/or either’s agents may use servers or other facilities located outside of the jurisdiction in which you provided the information, including the United States of America and other foreign jurisdictions for this purpose. The government, courts, law enforcement, security, or regulatory agencies of the United States of America or other foreign jurisdictions may be able to obtain access to or disclosure of personal information as permitted by the laws of that country. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms and/or data transfer agreements with our service providers.
Users in the European Economic Area (EEA) and United Kingdom. Your personal information may be transferred to and processed in the United States and other jurisdictions that do not provide equivalent levels of data protection according to the European Commission. In such cases, Tilray will take steps to ensure that appropriate safeguards are in place to protect your personal information, including by putting in place standard contractual clauses as approved by the European Commission (the form for the standard contractual clauses can be found at http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm).
Tilray has implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfil their job requirements.
You have certain rights regarding your personal information which we hold, as well as choices regarding marketing communications.
You are entitled, with certain legal restrictions, to access, update, correct and review your personal information in our custody and control. Such legal restrictions include, without limitation, where the information contains personal information of third parties or is subject to solicitor-client privilege. We will respond within a reasonable timeframe to all such requests for access and revision and either provide access to the personal information or, if permissible, explain why access is denied.
Accurate personal information is required for efficient and effective delivery of products and services. You may contact the Privacy Officer using the contact information provided above to modify or correct any personal information. Corrections will be made within a reasonable timeframe.
Requests for access to personal information should be made to our Privacy Officer by email at privacy@tilray.com.
As indicated above, if you have signed-up to receive our marketing communications, you can unsubscribe any time by clicking the “unsubscribe” link included at the bottom of the newsletter. Alternatively, you can opt-out of receiving our marketing communications by contacting us at the contact information under “Contact Us” below.
Individuals in the EEA and the UK have the below rights with respect to their personal information:
Submitting a GDPR Request. Please contact us as set out in the Contact Us section below to exercise one of these rights. If we receive any requests from individuals related to the Platform Data, we will forward the request to the relevant clients.
If you have any questions or comments regarding this Privacy Policy or the manner in which Tilray or its service providers treat your personal information, or to request access to your personal information in Tilray’s records, please contact Tilray’s Privacy Officer using the contact information provided below.
Tilray Inc.
Attention: Privacy Officer
P.O. Box 20009
269 Erie St. South
Leamington, Ontario N8H 3C4
Email: privacy@tilray.com
Any complaints received regarding Tilray’s or its service providers’ use or handling of personal information will be investigated within a reasonable timeframe. Upon concluding the investigation, the Privacy Officer will respond to the complaint and, if necessary, Tilray will take appropriate measures to rectify the situation and maintain compliance with applicable law.
The controller and responsible entity for your personal information is Tilray, Inc., and where you interact directly with another Tilray group entity, they will also be a controller of your personal information, together with Tilray, Inc. Tilray, Inc. As noted above, this Policy applies to Tilray, Inc. and its subsidiaries; data subjects may exercise their rights regarding their personal information that we process pursuant to this Policy by contacting Tilray, Inc. online, by email or by postal mail, as set forth above.
If you are in the EEA or UK, our representative is:
Ronja Baeker
Tilray Deutschland GmbH
Friedrichstraße 153A
10117 Berlin
Telephone: +49 (0) 30 629 33 050
Email: dataprivacy@tilray.com
We have appointed an external data protection officer for our company. You can reach him at:
Name: Arne Platzbecker
Address: HABEWI GmbH & Co. KG, Palmaille 96, 22767 Hamburg
Telephone: 040/18189800
Fax: 040/181898099
E-Mail: datenschutz@habewi.de
These Terms of Use (“Terms”) have been prepared by Tilray Inc., on behalf of itself and its subsidiaries and related companies (collectively, “Tilray” “we” or “us”). These Terms govern your access and use of Tilray’s websites, which include our: (i) corporate website located at https://tilray.com/, (ii) medical use websites located at https://aphria.ca/ and https://www.brokencoastrx.com/ (“Medical Use Websites”) and (iii) adult/recreational use websites located at https://www.brokencoast.com/, https://solei.ca/en/, https://goodsupplycannabis.com/, and https://whatisriff.ca/en/ (“Recreational Use Websites”). Medical Use Websites and Recreational Use Websites are collectively referred to as the “Websites”.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING AND USING OUR WEBSITES. By accessing and using the Websites, you agree to be bound by all the Terms set forth herein. A copy of these Terms may be downloaded, saved and printed for your reference.
To use our Websites, you must be the age of majority in your jurisdiction of residence.
The Websites are owned and operated by Tilray Inc. or its affiliates and related companies. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, trade names and other information including, without limitation, the “look and feel” of the Websites (collectively, the “Content”) are proprietary to Tilray or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content, in whole or in part, without the express prior written consent of Tilray Inc. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Tilray Inc. To request written consent for such reproduction, please contact us at privacy@tilray.com.
To access and use certain portions of our Websites, such as purchasing a product on our Medical Use Websites, you will be required to register for an online account as a patient or caregiver. In consideration for your use of our Medical Use Websites, you agree to provide current, complete and accurate information as requested during account registration, and to update that information as soon as possible after any information changes.
Upon account registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on the Websites using such password or username. You agree to immediately notify Tilray of any unauthorized use of your password or username or any other breach of security.
We provide you with access to certain products through our Medical Use Websites. When you make a purchase through these websites, the following terms apply:
Our Websites may permit the submission of content, such as photographs, comments, and reviews generated by you (“User Content”).
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information, feedback, suggestions or other ideas that you submit to or post or publish on the Websites is non-confidential and non-proprietary and we may adopt, adapt or otherwise use any User Content (in whole or in part) without any compensation or notice to you.
By submitting User Content, you represent and warrant to Tilray that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Tilray to use and reproduce your User Content as contemplated in these Terms, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate the User Code of Conduct set forth below.
As between you and Tilray, you will retain all of your ownership rights in and to your User Content. By submitting User Content to our Websites, you hereby grant to Tilray a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Tilray (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also waive your moral rights to the User Content, and hereby grant each user of the Websites a non-exclusive license to access your User Content through the Websites.
Tilray does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Tilray reserves the right but is not obligated to monitor User Content or other content sent to or through the Websites. Tilray has the right to refuse, remove or delete any User Content and/or to terminate any user’s account and access to the Websites if Tilray determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms. Tilray takes no responsibility for and expressly disclaims any and all liability in connection with any User Content.
Tilray recognizes the value and power of social media channels for communication with patients, health care professionals, and the community. Social media channels include, but are not limited to, posts on social networking or affinity sites (such as Facebook, Instagram, Google+, LinkedIn, and Tumblr); blogs and other on-line journals and diaries; bulletin boards and chat rooms; microblogging, such as Twitter; posts of video or audio on media-sharing sites, such as YouTube or Flickr, and other online forums, message boards, discussion groups, blogs and wikis (“Social Media”).
Tilray is active on Social Media and recognizes that these are public forums and it cannot protect information posted by users to its Social Media pages, including personal information. Tilray welcomes open discussion, but we request that users remain respectful and constructive in their comments and posts (“Social Media Content”). This relates not only to Social Media Content directed to Tilray, but to other users on our Social Media pages as well.
In addition to these Terms, which include the User Code of Conduct set forth below, Tilray requires users to comply with guidelines currently in place on Social Media channels that are being used to communicate Social Media Content.
Tilray reserves the right but is not obligated to monitor Social Media Content posted on its Social Media pages. Tilray has the right to refuse, remove or delete any Social Media Content if Tilray determines, in its sole and absolute discretion, that such Social Media Content violates or has violated these Terms or those of the Social Media channel. Tilray takes no responsibility for and expressly disclaims any and all liability in connection with Social Media Content posted on its Social Media pages.
Content in Canadian communications may relate to cannabis produced in accordance with Health Canada Licences by Aphria Inc.
By submitting User Content, posting Social Media Content on our Social Media pages, and as a condition of your continued access to and use of our Websites, you agree to abide by all applicable federal, provincial, territorial, local and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:
1) submit any User Content or post any Social Media Content that is violates third-party intellectual property or proprietary rights (including any privacy and publicity rights);
2) upload, post, comment, e-mail or otherwise transmit any statements, material, Social Media Content or User Content that:
a) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
b) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
c) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
d) otherwise encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
3) harvest or otherwise collect, use or store any information (including personal information) about other users of the Websites or Social Media pages, including e-mail addresses, or use any User Content or Social Media Content without the express consent of such users;
4) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Websites or posted on our Social Media pages;
5) attempt to gain unauthorized access to the Websites, other computer systems or networks connected to the Websites, through password mining or any other means;
6) interfere with or disrupt networks or servers connected to the Websites or violate the regulations, policies or procedures of such networks; or
7) use, download or otherwise copy, or provide to any person or entity any Website user directory or other user or usage information or any portion thereof other than in the context of your use of the Websites.
Tilray retains the right, at its sole discretion, to deny access and use of the Websites to anyone, at any time and for any reason, including, but not limited to, for violation of these Terms. You will cease and desist from using the Websites immediately upon request by Tilray to do so.
Our Websites might offer you links to other sites on the Internet such as applicable provincial cannabis stores that are owned and operated by third parties and that are not affiliated with Tilray. Please understand that Tilray has no control over the content of such websites. Consequently, Tilray cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
The links which we might place on our Websites do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
ACCORDINGLY, THE WEBSITES, INCLUDING THE CONTENT, ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TILRAY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TILRAY DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL TILRAY, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR ANY CONTENT, EVEN IF TILRAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT, INCLUDING USER CONTENT.
You agree to indemnify and hold harmless Tilray, its affiliates and their respective officers, directors, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (1) your (or anyone acting under your password or username) use of the Websites, (2) any alleged violation by you of these Terms or (3) any actual or alleged infringement of third-party intellectual property or other proprietary rights in connection with the User Content or Social Media Content.
Please review our current Privacy Policy for information about the manner in which we collect, use, disclose or otherwise manage personal information.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), Tilray reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites (or any part thereof) with or without notice. Further, Tilray reserves the right to change these Terms at any time and to notify you by posting an updated version of the Terms on its Websites. You are responsible for regularly reviewing the Terms, including, without limitation, by checking the date of “Last Updated” at the top of this document. Continued use of the Websites after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Websites constituting consideration from Tilray to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms (2) any policy or practice of ours in operating the Websites or (3) any Content available through the Websites, is to stop purchasing our products or visiting and using the Websites.
“Tilray” is a trademark of Tilray Inc. Other marks, graphics, typefaces, trademarks and logos appearing on the Websites are trademarks or trade dress of Tilray. All other trademarks appearing on the Websites are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express prior written consent.
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), these Terms shall be governed by and construed in accordance with the laws of the State of Delaware and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Delaware.
If any provision of the present Terms shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms, by posting notices or links to such notices on the Websites themselves.
These Terms, along with our Privacy Policy, any other legal notices or statements posted on the Websites, constitute the entire agreement between you and Tilray and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Tilray as set forth above.
If you have any questions or comments regarding these Terms, please contact us at privacy@tilray.com.