Privacy

CONTENTS

OVERVIEW

SECTION 1 – CHANGES TO THIS PRIVACY POLICY

SECTION 2 – WHAT INFORMATION WE COLLECT AND HOW IT IS COLLECTED AND PROCESSED

SECTION 3 – CONSENT

SECTION 4 – USAGE AND DISCLOSURE

SECTION 5 – SHARING AND DISCLOSURE OF PERSONAL INFORMATION

SECTION 6 – COOKIES AND OTHER TRACKING TECHNOLOGIES

SECTION 7 – YOUR RIGHTS IN CONNECTION WITH YOUR PERSONAL DATA

SECTION 8 – RETENTION

SECTION 9 – THIRD-PARTY SERVICES

SECTION 10 – SECURITY

SECTION 11 – CHILDREN’S PRIVACY

SECTION 12 – CALIFORNIA PRIVACY RIGHTS

SECTION 13 – CONTACT US

 

OVERVIEW

Balanced Health Botanicals, LLC, (together with our U.S. subsidiaries CBDistillery, LLC and Bota Holdings LLC, “we”, “us”, and “our”) respect your privacy and are committed to protecting it through our compliance with this Privacy Policy (the “Policy”). This Policy describes the types of personal information we may collect from you or that you may provide when you visit our websites ( www.balancedhealthbotanicals.com , www.thecbdistillery.com, and www.botaskin.com, each a “Website” and collectively the “Websites”) and any other pages, features, applications and content owned and operated by us that direct to this Policy (collectively with the Websites, the “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that personal information.

This Policy applies to information we collect:

• On our Services.
• In email and other electronic messages between you and our Services.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising direct you to this Policy.

This Policy does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by any third party or by us (including our affiliates, parent, and subsidiaries) if it does not direct to this Policy.
• Any third party that may link to or be accessible from or on our Websites.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.

By using our Websites and Services, you understand and agree that collection and use of your personal information will be made in accordance with this Policy and our Terms of Service, available here . If you do not feel comfortable with any part of this Privacy Policy or our Terms, please discontinue use of the Services or engaging with Balanced Health Botanicals, LLC immediately.

SECTION 1 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. The date this Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Policy to check for changes.

SECTION 2 – WHAT INFORMATION WE COLLECT AND HOW IT IS COLLECTED AND PROCESSED

We collect personal information when you interact with our Websites and Services. Personal information is any information that identifies or makes an individual identifiable. The definition of personal information depends on the applicable law based on your physical location. Only the definition that applies to your physical location will apply to you under this Privacy policy.

The types of personal information that we may collect about you include information collected automatically about your use of the Websites, and information you provide to us through the registration and purchase processes.

a. Information Collected Automatically. If you are a visitor to our Websites, we automatically collect certain information about you, such as computer and software information and usage/visit information, including information obtained through cookies (see our Cookie Policy for details on the information collected through cookies and how it is used). This is anonymous information that does not directly personally identify you but is helpful for our marketing purposes, and also helps us to improve your experience on our Websites.

Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses a Website, along with the time of the visit and the page(s) that were visited, your browser type/language, referring and exit pages and URLs, platform type, pages viewed, and the amount of time you spent on particular pages. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Websites. We may also derive your approximate location from your IP address.

b. Information You Voluntarily Provide Us. While registration is not required for you to use our Websites, there may be circumstances in which you choose to register for our services, to attend our events or to receive ongoing updates from us, or to apply for employment with us.

Your personal information referenced in this Policy may also be obtained or received from sources such as (i) your inquiries by mail, telephone, email or face-to-face conversations; (ii) interviews with us with respect to employment opportunities; (iii) agreements, applications, forms, statements, and other documents received from you; and (v) any other information you submit voluntarily to us. The personal information we collect on our Websites or through our Services may include:

• Account Registration: information relating to the creation of a customer account, such as first and last name, email address, postal address, telephone number, and/or a unique individual password;
• Form Submissions: information that you provide by filling in forms that we make available. This includes when making purchases from our Websites or requesting information or assistance;
• Newsletter Sign-ups: information relating to our newsletter subscription page, including name and email address;
• Technical Support: information you provide when you report a problem with our Services or otherwise communicate with us by email, our Websites, by telephone, in writing or through other means;
• Customer Service: records and copies of your correspondence (including email addresses), if you contact us by telephone or in writing, including for customer support;
• Promotions and Feedback: information relating to your participation in a promotion, a loyalty program, or a survey that we may ask you to complete for research purposes, or if you opt-in to SMS marketing communications; and
• Job Applications: employment- and background-related information provided to us as a part of the job application process. If you have applied for employment with us, your information submitted with your job application will be added to our recruitment system and used for recruitment and other customary human resources purposes.

In addition, when you make purchases from our Websites, we collect certain information from you, including, without limitation: personal information such as your name, address, and date of birth; and financial information such as payment and financial institution information (see “SECTION 9 – THIRD PARTY SERVICES” below for additional information on the financial information our third party service providers may collect). This information may also be secured from the sources described below and is subject to the conditions stated below.

If you have registered on our Websites, your information, including any Personal data you provide, will be stored in our third-party customer relationship management (CRM) systems. Data of registrants who have been out of active use for 24-months will be deleted from our CRM systems. Other retention periods may vary depending upon the purpose for your registration. Please see “SECTION 9 – THIRD PARTY SERVICES” below for more information.

If you have opted out from receiving communications from us, your contact details will remain on our opt-out list to prevent you from receiving any further publications, invitations or communications from us. This does not apply to any communications we may be required to provide.

Please note: When communicating with us by email or through forms on our Websites, we ask that you please do not send us any sensitive information pertaining to yourself, medical conditions, prescriptions, or any other information relating to diagnosis or medical treatment of any health problems. Balanced Health Botanicals, LLC does not collect or store sensitive information. Instead, always consult with a licensed medical healthcare professional.

SECTION 3 – CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your express consent, or provide you with an opportunity to say no.

After you opt-in, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at customersupport@thecbdistillery.com or mailing us at: Balanced Health Botanicals LLC, 1720 S. Bellaire St., Denver, CO 80222.

SECTION 4 – USAGE AND DISCLOSURE

We use information that we collect about you or that you provide to us, including any personal information:

• To Provide You Our Services: providing any services or products that you request or purchase in connection with the Services, such as purchasing high-quality health and wellness products derived from hemp, among other products and services;
• To Provide You with Service-Related Communications: contacting you regarding the administration of any features or functions of the Websites you have registered to use, and notifying you about changes to our Services, our policies, terms, or any products or services we offer or provide though our Services;
• To Provide Customer Support or to Respond to You: providing you with notices about your account and responding to your questions or other requests;
• To Send You Marketing and Promotional Emails: contacting you with newsletters, marketing or promotional materials and other information that may be of interest to you based on the Services that you already use or the offerings that you have already purchased or inquired about, unless you have opted not to receive such information;
• For Internal Use and Services Improvement: accumulating and reporting information in connection with the Services and user activity, including determining which features and services users like best to help us operate, enhance, and improve our Services;
• To Enforce Compliance with Our Agreements or Policies: keeping you secure and safe while using our Services, which requires us to process your personal information in accordance with this Privacy Policy to combat spam, malware, malicious activities, fraud, or security risks as part of our ongoing maintenance and enforcement of our security measures, and carrying out our obligations and enforcing our rights arising from any contracts entered into between you and us, including for billing and collection;
• To Maintain Legal and Regulatory Compliance: processing personal information to pay our taxes, fulfill our business obligations, for compliance with employment and recruitment laws, or as necessary to manage risk under applicable law;
• For Customization: saving your user account, registration and profile data or other personal information (so you do not have to re-enter it each time you visit or use the Websites); tracking your return visits to and use of the services; tailoring your experience on the Services; and/or otherwise customizing what you see when you visit and use the Services;
• With Your Consent: for any other purpose disclosed to you prior to you providing us your personal information or which is reasonably necessary to provide the Services or other related products and/or services requested, with your permission or upon your direction; and
• For Employment Purposes: processing job applications, including to communicate with you and to conduct applicant and employment-related statistical evaluation and record-keeping.

SECTION 5 – SHARING AND DISCLOSURE OF PERSONAL INFORMATION

We may share or disclose your personal information in the following circumstances:

• Within Our Corporate Organization . We may share your personal information with any parent, subsidiaries and affiliates in order to provide you with the Services and take actions based on your request, as well as for the purpose of management and analysis.
• Service Providers . We may employ other companies and individuals to facilitate our Services, provide services on our behalf, perform service-related business activities, or assist us in analyzing how our Websites are used. These service providers provide us support services such as credit card processing, payment gateways, website hosting, online store platforms, customer relationship management, order fulfillment and shipping, postal delivery, analytics, surveys, marketing and advertising services, videoconferencing, SMS and email marketing, customer service, and employee benefits administration. The service providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
• Corporate Transactions . We may disclose personal information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Services users is among the assets transferred. You agree to and do hereby consent to our assignment or transfer of rights to your personal information.
• As Required by Law and to Protect Lawful Interests . We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies (including our Terms of Service), in response to valid requests by public authorities (e.g., a court or a government agency), or if we believe that the disclosure will help us protect the rights, property, or safety of Balanced Health Botanicals, LLC or our customers.
• With Your Consent . We may disclose your personal information for any purpose with your consent.

Please note that we may disclose, without restriction, aggregated or anonymized information about the users of our Services, which is information that does not identify any specific individual.

SECTION 6 – COOKIES AND OTHER TRACKING TECHNOLOGIES

a. Cookies. As described in our Cookie Policy , we may use cookies, embedded scripts, and other similar technology to collect additional personal information automatically as you interact with our Websites and to personalize your experience with our Services. We may also use these cookies and other technologies to collect information about your online activities over time and across third party websites or other online services.

b. Your Choices. Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Websites by taking the steps outlined below.

First-Party Cookies . You can use the browser with which you are viewing this Website to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the site. Also, if you disable cookies other parts of the Website may not work properly. More information may be found for the following browsers here:

• Google Chrome
• Internet Explorer
• Mozilla Firefox
• Safari (Desktop)
• Safari (Mobile)
• Android Browser
• Opera
• Opera Mobile

Third-Party Cookies. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt out of interest-based advertising from their members. To opt-out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal available at http://optout.aboutads.info/, or visit the NAI’s opt-out portal available at http://optout.networkadvertising.org/?c=1 .

c. Analytics. We may use third-party service providers to monitor and analyze the use of our Websites. Presently, we use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports website traffic. If you are a registered user of our Websites and/or offerings, we may use this information, in combination with other information that you provide, to improve the services and other offerings of the program or website. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en . Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout . For additional information please see “How Google uses data when you use our partners’ sites or apps,” locatedhere.

d. Do Not Track. Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Websites does not currently process or respond to “DNT” signals

SECTION 7 – YOUR RIGHTS IN CONNECTION WITH YOUR PERSONAL DATA

a. Access, Correction and Deletion of Personal Information. You have the right to access, correct, and delete your personal information that you shared with us on our Services or through other written or oral means. We are committed so that your personal information is kept accurate and up to date. However, it is up to you to update it with any changes. In most cases, you can review and submit changes to your personal information by logging into your account and updating your profile page. You may also notify us via the information in the “Contact Us” section below to request access to, or to correct any personal information that you have provided to us. We may not accommodate a request to delete or change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you no longer wish to have your personal information processed, you may request to delete your account (username and password), subject to certain limitations, by contacting us as described below.

b. Communications Preferences. We will only send you marketing communications if you “opted in” to receiving such communications. You have the right to “opt out” of receiving marketing communications, whether by email or otherwise, at any time. You can do this by (i) clicking the unsubscribe link displayed in any of the marketing e-mails you receive, (ii) emailing usto indicate you no longer wish to receive marketing communications, or (iii) writing to us at the address set out in “HOW TO CONTACT US” below.

Please note that "opt-out" and "unsubscribe" requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings.

You may also engage with us through text messaging/SMS. For instance, if you choose to opt-in to SMS marketing to receive exclusive discounts and promotions, you will receive a text message asking you to confirm that you would like to receive such messages from us. Once confirmed, you may receive text messages with discounts, shopping cart reminders, or to learn that we are launching a new product or running a site promotion. You can opt-out from SMS marketing at any time.

SECTION 8 – RETENTION

We will retain your information for as long as needed or permitted in light of the purpose(s) for which it was obtained.

The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the Websites or offerings to you (for example, for as long as you have an account with us or keep using the Websites or offerings); (ii) whether there is a legal or business obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or (iii) whether retention is advisable in light of our legal position. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data or the information you provided to us to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

SECTION 9 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the USA PATRIOT Act. Once you leave our Websites or are redirected to a third-party website or application, you are no longer governed by this Policy or our Website Terms of Service. When you click on links on our Websites, they may direct you away from our Websites. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 10 – SECURITY

We and the third-party service providers we carefully select to assist our business have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third party payment processors, who will use appropriate security procedures.

The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. You should not share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. If you believe that any of your personal information held by us has possibly been compromised, please contact us immediately as described in the “CONTACT US” section below.

SECTION 11 – CHILDREN’S PRIVACY

The Websites are not intended for use by children or individuals not able to lawfully utilize our products or services. We believe in protecting the privacy of our children. With this belief, we do not knowingly collect or maintain personal information on our Website from persons under 16 years of age, and no part of our Website is directed to persons under 18 years of age. We will take appropriate steps to delete any personal information of persons less than 16 years of age that has been collected on our Website without verified parental consent upon learning of the existence of such personal information. For additional limitations on Website usage by individuals under the age of majority, please see our Website Terms of Use found here .

SECTION 12 – CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, please see our California Resident Privacy Notice .

SECTION 13 – CONTACT US

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact our Privacy Compliance Officer at PlantOfLifeCBD@gmail.com or by mail at 17952 Sky Park Circle, Suite L, Irvine, California  92614