Tilray Brands, 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 explains how we collect, use, disclose and protect personal information. It applies to all personal information collected by us:
(collectively, the “Services”).
We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. If we make any material changes to the way we process your personal information, we will notify you before such changes are effective. If you object to any changes, you must cease using our Services. We recommend you review this Privacy Policy periodically. This Privacy Policy became effective on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Statement indicates your agreement to the terms of the revised Statement.
Where applicable, we may modify this Privacy Policy or provide additional notices (“Additional Notices”) for certain Websites, brands, and/or Services operated by the Tilray Group of companies. In such cases, these modifications to the Privacy Policy and/or Additional Notices will control in the event of a conflict with this Privacy Policy.
When you use our Services, we may collect or receive personal information about you to provide our Services and operate our business. The types of personal information that we may collect about you are:
Tilray may collect personal information directly from individuals as follows:
Visit our Websites: In order to access our Websites, we may require you to enter your date of birth and jurisdiction of residence to verify that you are the age of majority in your jurisdiction of residence in order to meet regulatory requirements.
Register to Purchase Cannabis for Medical Use: To purchase medical cannabis from our medical use Websites, you will be required to register as a patient or caregiver by creating an account and completing a patient or caregiver registration form. When you register, Tilray will collect personal information such as your username and password, as well as the information you provide on the patient or caregiver registration form.
Tilray will use the information provided in the registration form to confirm your registration status, issue a username and password and/or to maintain your registered account. It is your responsibility to keep your username and password secure and not share it with anyone else, including persons within your organization. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages). We may also collect other information where necessary for our business operations, in accordance with requirements under applicable law.
Purchase Products or Services: If you purchase a product or service through our Websites, we collect information related to that purchase. This may include information such as items purchased, special instructions, date and time of purchase, and subtotal.
Marketing Communications: You may sign-up to receive email marketing communications such as newsletters and special offers on products and Services by providing us with your name and email address. You can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email. Alternatively, you can opt-out of receiving email marketing communications by contacting us at the contact information provided in the “Contact Us” section below. Please note that you may continue to receive transactional or account-related communications from us.
Feedback: We may collect and use customer feedback about our products and Services to better understand our customers and enhance our product and service offerings.
Interactive Services: We collect information when you post a review or share information with other users on our Websites or through social media. We may also collect a username under which your review or comments will be posted. Your review may also be made publicly available on the Websites. Please exercise caution before sharing any personal information.
Surveys and Customer Research: In order to improve our processes, products, and service offerings, Tilray may from time to time offer you the opportunity to participate in one of our surveys or other customer research. Unless otherwise noted, the information obtained through the surveys and customer research is used in an aggregated and non-personally identifiable form (“Aggregated Data”). The purposes for which we use this data include, without limitation, better understanding the needs and wants of our customers and users.
Careers: If you apply for a job with Tilray, you may provide us with certain personal information about yourself, such as information contained in a resume, cover letter, or similar employment-related materials. We use this information for the purpose of processing and responding to your application for current and future career opportunities.
Contact Us: When you contact us with a comment, question or complaint through live chat, email, telephone, or the contact us form on our Websites, you may be asked for information that identifies you, such as your name, email address and a telephone number, along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service and service offerings.
We may collect or receive personal information about you from third parties. This may include:
Information Provided by your Health Care Practitioner: To purchase cannabis for medical use, Tilray will also require that you submit: (i) a document known as a “Medical Document” completed by your health care practitioner, which includes information such as your health care practitioners’ name and contact information, their jurisdiction of registration and registration number, your first and last name, date of birth, location of consultation, and dosage information (including daily quantity and period of use) as well as additional comments regarding your diagnosis, if provided by your health care practitioner, and (ii) a signed and completed consent form which requires you to verify the information provided in the Medical Document. Tilray collects this information to confirm your registration status and fulfill the purchase of your medical cannabis.
Other Third Parties: We may collect or receive certain information about individuals from service providers, and other third parties, such as social media sites (for example when you interact with us or our content on these sites), as well as other public sources and records.
When you interact with us and use our Websites, we may automatically collect certain information about you and your devices and interactions, including:
Call Recording: We may monitor and record our telephone conversations with you for training and quality assurance purposes. You will be provided with a notice at the beginning of any call that is being recorded. If you do not wish to have your call recorded, please let us know.
Technical Information: We collect technical information associated with your activity on our Websites and may include information related to your browser and operating system, IP address (the Internet address of your mobile device) unique device identifiers, and other information such as your device type. We use such information for diagnostic and statistical purposes and to administer our Services.
Website Usage Information: We collect information to better understand customer traffic patterns and website usage. This may include the webpage that you were visiting before accessing our website or mobile application, the pages or features of our website or mobile application you browsed to inform us which part of our website, app and Services you visit and how much time you spend there. This information is used to analyze and improve our website and to provide our users with a better user experience.
Site Preferences: We collect information about your preferences to make your use of the website more productive through the use of cookies.
We may use the information we collect or receive about you for various purposes, including:
To Provide Support and Services: To operate our Websites, provide our Services, communicate with you about your use of the Websites or Services, provide troubleshooting and technical support, respond to your inquiries, fulfill your orders and requests, process your payments, communicate with you, and for similar service and support purposes.
To Respond to Your Requests: To respond to your inquiries, fulfill your orders and requests, and otherwise consider or process your request.
To Personalize: To tailor content we may send or display to you, including to offer location customization and personalized help and instructions on our Websites and Apps, and to otherwise personalize your experiences.
To Send You Newsletters and Marketing Material: For direct marketing purposes, including to send you newsletters, client alerts and information we think may interest you. We may send such messages through SMS, email, or other direct electronic messaging mediums. If you are located in a jurisdiction that requires opt-in consent to receive electronic marketing messages, we will only send you such messages if you opt-in to receive them.
To Protect Legal Rights and To Prevent Fraud and Misuse: To protect the Websites, Services and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of us or any person or third party, or violations of our Terms of Use or other agreements; and to respond to actual or potential legal claims against us.
To Comply with Legal and Regulatory Obligations: In order to comply with our legal, regulatory and compliance obligation. For example, to verify an individual’s eligibility for registration under the Canadian Cannabis Act or to respond to legal process (e.g., court orders, subpoenas or warrants) or regulator investigations and inquiries, or where otherwise required by law or our legal or regulatory obligations.
To Improve Our Services: To better understand how users access and use our Websites, products and Services, and for other research and analytical purposes, such as to evaluate and improve our products and Services and business operations, and to verify that orders are being fulfilled and tracked in compliance with the Cannabis Act or any other applicable local legislation.
To Operate Our Business: Where necessary, for the administration of our general business, accounting, recordkeeping, audit, compliance and legal functions.
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:
Service Providers: Your personal information may be transferred (or otherwise made available) to third parties that provide services on our behalf. We use service providers to provide services such as hosting the Websites, processing payments and orders, providing advertising and marketing services, and providing professional advice. Our service providers are only provided with the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes.
Legal and Compliance: We and our Canadian, US and other foreign service providers may disclose your personal information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by US or foreign courts, law enforcement or other government authorities. Your personal information may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
Sale of Business: We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or any part of Tilray or any subsidiary of Tilray, or as part of a corporate reorganization or other change in corporate control.
Protect and Defend Rights: Where we believe it necessary to respond to claims asserted against us, enforce or administer our agreements and terms, or for fraud prevention, risk assessment and investigation, and to protect and defend the rights, property or safety of Tilray, our clients and customers, or others.
Researchers: From time to time, Tilray may request your consent to use or disclose personal information for research purposes, such as (without limitation) information relating to that your use of medical cannabis. This may include, without limitation, invitations to complete surveys or participate in studies to be conducted by Tilray or a third party. Tilray will not use or disclose personal information for such research purposes without your express consent, which may be withheld or denied without consequence to you.
Medical Cannabis: If you purchase medical cannabis from one of our medical use Websites, we share your personal information with your health care practitioner and if applicable, your caregiver in order to meet our regulatory requirements and to fulfill your request. If you are a caregiver, the information we collect about you will also be shared with the patient.
We and our service providers use cookies, pixels, log files and other technologies to gather information about your use of our Websites.
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Websites, while others are used to enable a faster log-in process or to allow us to track your activities while using our Websites. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
How We Use Cookies: We use first-party and third-party cookies for the following purposes:
How to Manage Cookies: You may disable the use of cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on cookies and how to disable cookies visit www.ftc.gov/ftc/cookies.shtm or https://www.usa.gov/optout_instructions.shtml.
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track the activities of users of our Services, help us manage content, and compile statistics about usage of our Services. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, to identify when our emails are viewed, and to track whether our emails are forwarded.
Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version, and internet browser type and version. This information is gathered automatically and stored in log files.
We also use automated devices and applications, such as Google Analytics to evaluate the use of our Websites and Services. We use these tools to gather non-personal data about users to help us improve our Services and user experiences. These analytics providers may use cookies and other technologies to perform their Services and may combine the information they collect about you on our Websites with other information they have collected for their own purposes. For more information or to opt-out using the Google Analytics opt-out browser add-on, see “How Google uses data when you use our partners’ sites or apps” and “Google Analytics and Privacy”.
Our Websites do not respond to do-not-track signals. For more information about do-not-track signals, please click here. You may, however, disable certain tracking as discussed above (e.g., by disabling cookies).
Depending on your permissions, we may receive your Personal Information from your Internet service and mobile device providers. Users of mobile devices who do not want to receive interest-based advertising may opt-out in several ways. Learn more about your choices for mobile devices by visiting http://www.aboutads.info/appchoices. Each operating system, (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should view your device or system “Settings” to determine how you can opt out of use of your device ID for “cross-app” personalized advertising.
Third Party Advertising Services
We may partner with third party advertising services to present you with advertising on third party websites based on your previous interaction with the website. 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 websites, including when you use the website.
Google Analytics
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.
Interest-Based Advertising
We (or our service providers) may use the information we collect, for instance, IP addresses and unique mobile device identifiers, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of cross device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device targeting to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.
You can learn more about interest-based advertising and how to opt-out of receiving tailored advertising by visiting (i) the Network Advertising Initiative’s Consumer Opt-Out link or (ii) the Digital Advertising Alliance’s Consumer Opt-Out link. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page.
Please note that even if you opt-out, you may still receive advertisements from us. However, in that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs.
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.
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.
We will retain your personal information for as long as your account is active or as needed to provide you Services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
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.
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.
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 Brands, Inc.
Attention: Privacy Officer
495 Wellington Street West, Unti 211,
Toronto, ON M5V 1G1
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.
EU and UK Addendum
This Addendum applies if you are based in the European Economic Area (the EEA) or the United Kingdom (UK) during your interactions with us.
The EU General Data Protection Regulation (“GDPR”) and similar laws, including the UK Data Protection Act, require that we inform you of the legal grounds 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 to the legal basis that we have already set out in the body of the Privacy Policy):
In addition, we may process your personal information where necessary to protect the vital interests of any individual.
If you are located in EEA and/or the UK, in addition to the rights set out in Section 12 of the Privacy Policy, you may be entitled to the following rights:
Right of access: You can ask us to confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details).
Right to rectify and complete personal information: You can ask us to rectify inaccurate information. We may seek to verify the accuracy of the data before rectifying it.
Right of erasure: You can ask us to erase your personal information, but only where: it is no longer needed for the purposes for which it was collected; you have withdrawn your consent (where the data processing was based on consent); following a successful right to object (see ‘Objection’ below); it has been processed unlawfully; or to comply with a legal obligation to which we are subject. We are not required to comply with your request to erase your personal information if the processing of your personal information is necessary: for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims. There are certain other circumstances in which we are not required to comply with your erasure request, although these two are the most likely circumstances in which we would deny that request.
Right of restriction: You can ask us to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to our use or stated legal basis.
Right to object to our use of your personal information for direct marketing purposes: You can request that we change the manner in which we contact you for marketing purposes. You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.
Right to object for other purposes: You have the right to object at any time to any processing of your personal information which has our legitimate interests as its legal basis. You may exercise this right without incurring any costs. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms. The right to object does not exist, in particular, if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.
Right to (data) portability: You can ask us to provide your personal information to you in a structured, commonly used, machine-readable format, or you can ask to have it ‘ported’ directly to another Data Controller, but only where our processing is based on your consent and the processing is carried out by automated means.
Right to withdraw consent: You can withdraw your consent in respect of any processing of personal information which is based upon a consent which you have previously provided.
Right not to be subject to automated decision-making: You have the right not to be subject to a decision when it is based on automatic processing if it produces a legal effect or similarly significantly affects you, unless it is necessary for entering into or performing a contract between us.
Right to obtain a copy of safeguards: you can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside the EU/EEA. We may redact data transfer agreements to protect commercial terms.
Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information. We ask that you please attempt to resolve any issue with us first, although you have a right to contact your supervisory authority at any time.
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.
For users in the EEA and/or UK, 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 or amended by the European Commission from time to time.
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
The controller and responsible entity for your personal information is Tilray Brands, Inc., and where you interact directly with another Tilray group entity, they will also be a controller of your personal information, together with Tilray Brands, Inc. As noted above, this Policy applies to Tilray Brands Inc. and its subsidiaries. Data subjects may exercise their rights regarding their personal information that we process pursuant to this Privacy Policy by contacting us as set forth above.
These Terms of Use (“Terms”) have been prepared by Tilray Brands 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.