Privacy Policy

PRIVACY POLICY

Last updated: September 18, 2024

This privacy policy (“Privacy Policy”) describes the privacy practices of Ascend Wellness Holdings, Inc. and its subsidiaries, affiliates, and related businesses (“Ascend,” “us,” “our,” or “we”) regarding the information we collect in your interactions with us when you use our websites (including www.awholdings.com and www.letsascend.com, our “Sites”); visit our dispensaries; contact us through phone, email, or messaging services; access our mobile sites and applications; or when you otherwise transact or interact with us (collectively referred to as the “Services”). By providing personal information to us or by using the Services, you acknowledge that you have read and understand this Privacy Policy.

This Privacy Policy is governed by our Terms of Use, which is available here. If there are any inconsistencies between our Privacy Policy and the Terms of Use, this Privacy Policy controls. The information provided in this Privacy Policy is solely intended for users within the United States of America.

USE BY MINORS PROHIBITED
This Site is intended for persons 21 years of age and older (or qualified patients 18 years of age or older in certain jurisdictions). We do not knowingly collect information from individuals under 18 years of age, children, or minors.

If you learn that your child has provided us with information without your consent, please alert us at info@awholdings.com. If we learn that we have collected any information from anyone under 18, we will promptly take steps to delete such information.

INFORMATION WE COLLECT
At Ascend, we value your privacy and aim for clarity regarding the use and storage of your information. Throughout this Privacy Policy, we use the term “personal information” to mean information that directly or indirectly identifies you or is reasonably capable of being associated with you or your household. Personal information does not include information that has been aggregated or de-identified.

We (and our third-party partners) may collect, process, or store information about you, depending on the nature of your interactions with us and what we are obligated to collect in each jurisdiction by law. We collect such information only if you voluntarily submit such information to us. You may always refuse to supply personal information, except that it may prevent you from engaging in Site-related activities, receiving responses to your inquiries or other information of interest such as our newsletter, or other Services.

The information we collect may include:

• Account information, such as your email address, password, real name, aliases, phone number, and contact preferences. You may provide this as part of signing up for an account or for our Ascender's Club loyalty program, or to receive our newsletter or other marketing materials.
• Payment information, including payment transaction history and limited payment account information. When using a credit, debit or other payment card to complete a transaction, the information related to that payment method is transmitted to a payment processor to complete the payment. We do not directly store payment method details.
• Commercial transaction information, such as your purchasing history, transaction amounts and details; your return/exchange activity and patterns, online shopping cart activity, reviews you submit, and other transactions and preferences with us. 
• Contact information and other identifiers, such as your real name, aliases, phone number, physical address, date of birth, age, and email address when you make a purchase with us or otherwise interact with us where such information is collected. We may additionally collect your government-issued ID, such as a driver’s license or passport, where required by law.
• Medical information, if you are a patient or qualified caregiver who purchases under a medical allowance as defined by your State. We may collect information as required by law regarding your medical conditions, physician details, prescription information, insurance information, or treatment plans defined by your doctor. Our collection, use, and disclosure of this information is governed by our HIPAA Privacy Notice below. If there is a conflict between this Privacy Policy and the HIPAA Privacy Notice, the HIPPA Privacy Notice will take precedence
• Location information based on IP address or mobile device location information, as well as general location based on a zip code or city and state that you provide.
• Internet activity, such as your browsing and search history, and information about your interactions with our Sites, applications, electronic communications, or advertisements. This may include use of technologies such as web beacons, tags, or pixels.
• Demographic information, such as age, race, ethnicity, and gender.
• Video and audio recordings where we provide advance notice, such as closed-circuit security camera footage in and around our dispensaries, parking lots, and facilities, and audio recordings of customer care calls. Such recordings are used for the purpose of security, service improvement, and performing investigations.
• Inferences we may make using the data we collect about you, including preferences, interests, and other characteristics related to consumer trends and shopping patterns.
• Other information you provide directly to us, which may not be mentioned above.
• Information that may be considered sensitive personal information under some privacy laws and is protected by additional rights and obligations may include account login credentials, race, ethnicity, government identification numbers, and precise geolocation. Where required by law, we will obtain your consent before collecting sensitive personal information, or we provide you with a right to limit the use and disclosure of such information. If you provide consent, you may withdraw it at any time. Do not send us any unsolicited sensitive personal information about yourself or others.

ANONYMOUS TRANSACTIONS
Our policy is to allow adult-use customers to complete a transaction anonymously. If you don't want to provide your information via our Sites, please visit an Ascend dispensary location for assistance with processing your transaction anonymously.

Please note anonymous transactions will not be eligible to accrue Ascender's Club points. We will not reprint receipts for transactions processed anonymously in the event of a product return or request for credit. Our Return Policy requires a receipt for all product returns and credits for damaged or defective products.

HOW WE COLLECT INFORMATION
We collect your personal information from various sources. For example, we collect and obtain personal information:

• Directly from you, such as when you visit our dispensaries; sign up for an account or for our loyalty program; choose to make a purchase, return, or exchange; respond to surveys or social media posts; sign up to receive our newsletter; request that you receive marketing messages via email or text messages; and submit information via our Sites, mobile, or other means.
• From your devices via digital tracking tools like browser cookies, flash cookies, pixel tags, and web beacons, which passively collect information when you use our Sites and applications or interact with our emails and text messages. We also use cameras and other technologies in our dispensaries, in parking lots and at other facilities to comply with legal regulations, for fraud prevention, security, and asset protection.
• From third-parties we hire to work on our behalf, including service providers that host our Sites and send promotional messaging for us, companies that help us process payments, marketing agencies, advertising technology vendors, and analytics or research providers.
• From other sources such as business and marketing partners, data brokers, companies that we acquire, and social media platforms.

HOW WE USE COLLECTED INFORMATION
We do not sell, trade, or rent your personal information to others, although we may use anonymized aggregated information as described below. The way we use your information depends, in part, on how you interact with us and what preferences you set. We may use your information for the following purposes:

• To fulfill transaction requests and fulfill orders, ensure proper delivery, process returns, or otherwise provide Services. For example, we may send you email and text messages or call you regarding a transaction or our Services.
• To respond to you if you reach out with a request through email, phone, through our Sites, questionnaires, surveys, social media, or other means.
• To improve our Services for you by improving the Sites or experiences at our dispensaries. For example, we may use your transaction history to provide customized product recommendations.
• To personalize the user experience by using information in the aggregate to understand how users interact with us or use our Sites.
• To communicate with you about your account or our relationship, including changes to this Privacy Policy and our Terms of Use, updates to our loyalty program, information on product recalls, and other transactional or relationship communications.
• For security and asset protection purposes, including detecting, investigating, and preventing fraud, threats and unlawful activities.
• To send newsletters and promotional materials on topics we think may be of interest to you, such as newsletters or educational topics, upon your request. We may also send promotional communications about new products, promotions, or offers, which you can unsubscribe from at any time.
• To conduct research and analytics by using information in the aggregate to better understand our Site users, customers, and patients.
• To comply with legal and regulatory obligations, including to respond to requests to exercise data protection rights, prevent or respond to fraud or abuse, enforce our Terms of Use, respond to a court order, subpoena, or government request, and otherwise fulfill legal obligations like conducting CCTV monitoring of our physical locations.
• To verify requests made pursuant to this Privacy Policy.

HOW WE SHARE INFORMATION
We do not sell, trade, or rent your personal information to others, although we may share anonymized aggregated information as described below. We do share your information with certain third parties as described below:

• Service providers and vendors who perform services on our behalf, such as hosting our Sites and providing Site-related services, may receive personal information to help us conduct our business and respond to your requests. These third parties are obligated not to disclose or use your personal information for any other purpose. For example, we use Dispense to power our online store. You can read more about how Dispense uses your personal information here: https://www.dispenseapp.com/privacy. We also use Alpine IQ to administer our loyalty program. You can read more about how Alpine IQ uses your personal information here: https://alpineiq.com/privacy-policy/.
• Affiliated and related entities may receive personal information for operational, promotional, marketing, and other business purposes consistent with this Privacy Policy and applicable law. In addition, if all or part of our business is sold or otherwise acquired, we may sell or disclose our customer lists and other personal information we collect in preparation for or as part of that transaction.
• Business partners running a joint promotion with us or who provide a product or service in partnership with us, as well as joint marketing partners may receive certain information. Information received by our partners may also be subject to their respective privacy policies.
• Advertising, marketing, and analytics partners who help us manage and deliver advertising and understand how users use our Site and access our Services. For example, we use Google Analytics to help us understand how visitors use the Sites. You can read more about how Google uses your information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• Public forums through some of our Sites, which provide the opportunity to post content, such as product reviews or ratings, in a public forum. If you choose to post information in these public areas, that information will become publicly available.
• Aggregated or de-identified data may be created, analyzed, and shared, including with marketing agencies, media agencies, and analytics providers. For example, we may share information that shows the top products for a particular geographic area.
• In order to comply with the law, such as to respond to a court order or subpoena. We may also disclose information if a government agency or investigatory body requests it, in order to enforce our agreements, and to protect our rights and/or the rights of others.
• For security and fraud prevention to detect, prevent, and investigate fraud or other unlawful activities.
• At your direction, for example, if you ask us to provide your information to a third party to facilitate the delivery of services or resolution of a dispute.
• For other reasons we describe or in accordance with law.

YOUR CHOICES; HOW TO UPDATE YOUR INFORMATION & COMMUNICATION PREFERENCES
We strive to provide you with choices regarding the personal information you provide to us. These choices may be separate from the rights you may be granted by the State where you reside, and where we operate. We have created mechanisms to provide you with the following control over your information:

• Request a personal data report. You can submit a request for your data by submitting a request via email to info@awholdings.com with the subject line “Privacy Request.”
• Correct or update your data. If you are looking to update your name, email address, or contact information we have on file, you can do so via your account. If there is other data you are looking to correct or update, or otherwise have a problem updating your information, you can submit a request via email to info@awholdings.com with the subject line “Privacy Request.” We will take reasonable steps to update or correct Personal Information in our possession that you have previously submitted.
• Stop receiving marketing communications. You can ask us to stop using your personal information for marketing emails by clicking the “unsubscribe” button on the emails you receive. You will still receive transaction, security, privacy, and administrative notices via email. If you have consented to receive marketing text messages, you can stop those messages by following the included instructions.
• Delete your data. You can request the deletion of your personal information by submitting a request via email to info@awholdings.com with the subject line “Privacy Request.” Some data may remain for the purpose of maintaining a record of any deletion request, or where permitted or required by law.
• You can control certain cookies and tracking tools. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies or limit the blocking of cookies to specific websites, which can be done through the settings of the web browser(s) you use. Please note that disabling cookies may limit the functionality of our Sites.
• You can opt-out of Google Analytics. We use Google Analytics to help us understand how visitors use the Sites. You can read more about how Google uses your information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

YOUR STATE PRIVACY RIGHTS
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for targeted advertising (excluding Iowa), sales, or profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah)
• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights, email us at info@awholdings.com, subject “Privacy Request.” Only you or an authorized agent may make a request related to your Information.

We do not sell personal information for monetary consideration under Nevada law. Nevada residents who wish to exercise their limited right to opt-out of certain personal information sales may submit a request via email to info@awholdings.com with the subject line “Privacy Request.”

If you are a medical cannabis patient in Illinois, personal information about you that constitutes protected health information pursuant to the Health Insurance Portability and Accountability Act is governed by the HIPAA Privacy Notice below.

HIPAA PRIVACY NOTICE
Protecting the privacy of your medical information is important. This notice of our HIPAA privacy policy (“HIPAA Privacy Notice”) describes how we collect, store, and use medical information, and your rights as required by the State of Illinois, consistent with the requirements of the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule. This HIPAA Privacy Notice is specifically applicable to Ascend dispensary locations serving medical patients in the State of Illinois.

If you have any questions about this HIPAA Privacy Notice, please email us at info@awholdings.com, subject “HIPAA Request.” If you wish to receive a paper copy of this notice at any time, contact info@awholdings.com, subject “HIPAA Request.”

ASCEND'S RESPONSIBILITIES
We respect the privacy of your health information. Each time you visit us or order online from one of our Illinois dispensaries, we may record your personal information, Protected Health Information (as defined under HIPAA), and payment information (collectively, the “Information”). These records may be kept on paper, electronically, or stored by other media. Ascend is required by law to:

• Maintain the privacy and security of your Information.
• Notify you following a breach of your unsecured Information.
• Provide this HIPAA Privacy Notice to you and describe the ways we may use and share your Information.
• Notify you of your rights regarding your Information.
• Follow the terms of this HIPAA Privacy Notice. We reserve the right to make changes to this HIPAA Privacy Notice and our Privacy Policy at any time and to apply new privacy or security practices to Information we maintain. Our website will contain the most current version of our ‘s.

USES AND DISCLOSURES
This HIPAA Privacy Notice explains how we may use and share your Information to provide services, obtain payment for these services, and operate our business. We do not need your authorization to use or disclose your Information in the following circumstances:

• To provide Information related to treatment, payment, and health care operations.
• Use and share your Information to run our business, improve your care, and contact you when necessary.
• Use and share your Information to bill and get payment for our services and dispensed therapies, unless you pay directly and tell us not to share your Information for payment purposes.
• To provide limited Information for the purposes of research, public health, product recalls, and other safety issues; including reporting to the Department of Health adverse events, product defects, or to participate in product recalls.
• As permitted or required by law, including disclosures to courts and other government agencies.
• To a government oversight agency conducting audits, investigations, civil or criminal proceedings.

You have the right to revoke such authorization in writing, with such revocation being effective once we actually receive the writing; however, such revocation shall not be effective to the extent that we have taken any action in reliance on the authorization

YOUR RIGHTS
We will not use or share your Information for any reason other than those described in this HIPAA Privacy Notice without a written authorization signed by you or a person legally authorized to act on your behalf (an “Authorized Agent”). An authorization is a document that you sign that directs us to use or disclose specific information for a specific purpose.

• Access to your Information: You may access and receive a copy of the Information that we retain on your behalf. For Information that we maintain electronically, you may request a copy in a reasonable electronic format, if readily producible. Requests for access must be made in writing and signed by you or an Authorized Agent.
• Amend Certain Records: You can ask us to correct or amend Information that you think is incorrect or incomplete. To make this request you should, contact us with the request as described below. We may say “no” to your request, but we will tell you why in writing within 60 days.
• Requests to Limit Disclosures: You may ask us not to use or share certain Information. We are not required to agree to your request, and we may say “no” if it would affect your care. If you pay for our service or product out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations. We will say “yes” unless a law requires us to share that Information.
• Receive Confidential Communications: You may ask us to contact you in a special way. You will need to ask us in writing. We will try to grant reasonable requests.
• Receive an Accounting of Disclosures: You may request an accounting of the people or organizations, outside of Ascend., with whom we have disclosed your Information.

To submit a request to receive, verify, or correct your Information, email us at info@awholdings.com, subject “HIPAA Request.” Only you or an Authorized Agent may make a request related to your Information.

BREACH NOTIFICATION
A breach is an impermissible use or disclosure under HIPAA that compromises the security or privacy of your Information.  Ascend will notify you in the event a breach occurs involving or potentially involving your Information and will provide you with information on what steps to take to protect your Information.

FURTHER INFORMATION AND COMPLAINTS
If you would like more information about your privacy rights, file a complaint, are concerned that we have violated your privacy rights, disagree with a decision that we made about access to your protected health information, or would like further information about Ascend’s privacy policies, please email us at info@awholdings.com. We will not take action against you for filing a complaint with us or with a state agency.

THIRD-PARTY LINKS
Our Sites and physical locations may display links to third-party websites. We do not control the content or links that appear on these sites and are not responsible for these sites. This Privacy Policy does not apply to the information practices of those websites. You should read the privacy policies, terms and conditions of other websites carefully.

HOW WE USE TRACKING TECHNOLOGIES
The Sites may use “cookies” to enhance User experience. Users’ web browsers place cookies on their hard drives for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browsers to refuse cookies, or to alert them when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

RETENTION PRACTICES
We store personal information for as long as reasonably necessary to carry out the purposes for which we originally collected it, and for other legitimate business purposes, including meeting our legal, regulatory, and other compliance obligations. We are under no obligation to retain information we have collected via this Site under this Policy.

SECURITY
We seek to use commercially reasonable data collection, storage and processing practices and security measures designed to protect against unauthorized access, alteration, disclosure or destruction of your personal information under our control.

However, please be aware that despite these measures, no data transmission over the Internet, platform, website, application, or system is 100% secure. We cannot guarantee that your use of our Site will be completely safe. We strongly encourage you to use caution when using the Internet or sharing your personal information and take reasonable steps to protect your personal information against unauthorized access by, for example, signing off after using shared devices; choosing a unique password for each account that no one else knows or can easily guess; and keeping all log-in credentials private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

CHANGES TO THIS PRIVACY POLICY
We may revise and update this Privacy Policy from time to time. Any changes will become effective when the revised Privacy Policy is posted on the Site.  You will be deemed to have accepted any updates or modifications to this Policy by, among other things, continuing to access or use the Services and the Sites. We recommend that you regularly review this Privacy Policy. If we upgrade, supplement, or replace the Services with additional offerings or features, this Privacy Policy will apply to such upgrades.

CONTACT US
If you have any questions about this Privacy Policy, please contact us via the contact form on our Contact Us page, call us at (646) 661-7600, email us at info@awholdings.com; or write to us at Ascend Wellness Holdings, Inc., 44 Whippany Road, Suite 101, Morristown, NJ 07960, Attn: Legal Department.