Privacy Policy

99 HIGH TIDE PRIVACY POLICY

This Privacy Policy was last updated on September 1, 2020.

 Section I.                99 HIGH TIDE Privacy Policy Overview 

This privacy policy (“Privacy Policy” or “Policy”) describes how 99 High Tide, Inc. (“Company” or “99 High Tide” or “us” or “we” or “our”) collects, stores, and uses personal information about you when you visit our website https://malibu99hightide.com/ (the “Site”), purchase our products, or use services supplied by or on behalf of us (collectively, “Services”).  In this Privacy Policy, “you” means any person who visits our Site, uses our Services, calls us on the phone, or visits our U.S. stores.  This Privacy Policy is provided to explain how information, including personal information, is collected, stored, used, and disclosed. 

All updates to this Privacy Policy are published at the top of this page, with a time-date reference for your convenience.  99 High Tide reserves the right in its sole discretion to amend this Privacy Policy at any time.  Your continued use of the Services and the Site after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.  This Privacy Policy applies to all our other websites that post this Privacy Policy.  This Policy does not address the privacy or information collection, use, disclosure and/or retention practices of any third-party entities. Please review any applicable third-party entity’s privacy policy for more information regarding such third-party entity’s own privacy or information practices.  Company has no liability with respect to the use or misuse of personal information by such third-party entities or any failure to comply with such third-party entities’ privacy policies. If you choose to use our Site or Services, your use and any dispute over privacy is subject to this Privacy Policy and our Terms of Service[A4] , including limitations on damages, resolution of disputes and application of the law of the state of California.  By accessing our Site or using our Services, you confirm that you have read and accepted the terms of this Privacy Policy.


 Section II.              Consent

By accessing, browsing, or otherwise using the Site or our Services, you expressly consent to our collection, storage, use, and disclosure of your information, including personal information, as described in this Privacy Policy and the Terms of Service.  Please read this Privacy Policy and the Terms of Service carefully to understand our practices and your options.  If you do not agree to the terms of this Privacy Policy, you must not use our Site or our Services.


 Section III.           Privacy of Children

Our Site and Services are not intended for children.  You must be at least twenty-one (21) years of age to use the Site and/or Services related to the Site.  If we learn or have reason to suspect that a user is under age twenty-one (21), we will promptly delete any personal information in that user’s account.


 Section IV.           What is Personal Information?

For the purposes of this Privacy Policy and compliance with California law, personal information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could be linked, directly, or indirectly, with a particular individual or household.  Personal information does not include publicly available information.


 Section V.              Categories of Information We Collect 

99 High Tide collects the information you give us when you contact us, access the Site, opt-in to receive alerts or other information from us via email, text, or instant message, or use our Services. We collect your personal information for the purposes described in this Privacy Policy.  The information we collect includes:

  • Identifiers and contact information, such as your name, address, phone number, email address, or social media IDs;
  • Purchase or other commercial information, such as the items you purchase, shipping address, and contact information (such as for receipts or order updates);
  • Payment information, such as your payment method and payment information (such as debit or credit card number and information), and billing address;
  • Preference information, such as your contact and marketing preferences, and brand and merchandise interests;
  • Profile and account information, which may include contact, purchase, and preference information as well as your account password, items in your online shopping cart or saved for future purchase, product review information, gift card information, address book entries[A6]  and other information about your profile or account;
  • Communications and interactions, which may include email messages, chat sessions, text messages, and phone calls that we exchange with you;
  • Demographic information, which may include age or birthdate, gender, ZIP code, and other information about you;
  • Call recordings, including information about your call and that you share when you call us on the phone;
  • Location or geolocation information of your device that you use to access our Site, if your device settings allow us to collect location information;
  • Device and browsing information and other Internet activity information, including information about your phone, tablet, computer, or device, and online browsing activity (collectively, “automatically collected information”). Automatically collected information may include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and Internet service provider information.  Automatically collected information also may include information about when and how you access and use our Site, such as the date and time of your visit or use, the websites you visit before coming and after leaving our Site, how you navigate and what you search for using our Site, the Site pages and items you view using our Site, and the items you purchase; and
  • Inferences about any of the information above that may relate to your preferences, or other matters. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends and to learn more about the demographics of our users.

 Section VI.           How We Collect Information (Sources)

We collect information on our Site and during calls with you.  We also obtain information from you and from third parties. For example, we collect and obtain information:

  • You provide, such as when you make a purchase, interact with a salesperson, visit or contact us, register for an online account, participate in a contest or sweepstakes, respond to a survey, engage in a promotional activity, apply for employment, or sign up for emails or marketing;
  • From Wi-Fi and mobile devices, such as information about your device when you use our Site or Services;
  • From third parties, such as service providers that we use, analytics companies, advertising networks and cooperatives, demographic companies, third parties that provide us with information about you and the different devices you use online, and other third parties that we choose to collaborate or work with;
  • From social media platforms and networks that you use in connection with our Site or mobile application, or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, and Instagram.  For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our Site (e.g., to log into an account, or to share inspiration, finds, purchases, and other content with your friends and followers on social media), we will collect the information that you share with us, or that those social media platforms or networks share with us.  For more information about social media platform and network privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use;
  • Using cookies and automatic collection methods.  For example, we and third parties we work with may collect information from the computer, tablet, phone, or other device that you use to access our Site or use our Services, or that you use to open an email or click on an advertisement from us.  Methods we use include:      
    • Cookies (which may be session-based or persistent, and are typically small data files that are stored on your hard drive or in connection with your Internet browser);

Cookies are used to help us understand your preferences for future visits based on previous or current Site activity.  We also use cookies to compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences, tools and Services in the future.  You may choose to have your computer warn you each time a cookie is being sent.  Your browser can also be set to block cookies, but some features of the Site or our Services may not properly work.  You can make these changes in your browser settings, however, since each browser is a little different, look at your browser’s “Help Menu” to learn the correct way to modify your cookies settings.


 Section VII.         How We Use Information

We use the information that we collect to conduct our business and to provide you with the best possible products, services and experiences.  We also may combine any or all of the information that we collect or obtain.  Examples of how we use information include:

  • To provide you with products and services, such as to: fulfill your orders and process your payments; process, maintain and service your account(s); and to provide you with products and services that we think you will like;
  • To respond to you, such as when you: place an order; call us; make a request or inquiry; enter a contest or sweepstakes; complete a survey; or share a comment or concern;
  • For personalization of your experiences with us, including to: remember your interests and preferences; customize the products and services we share with you; facilitate your interactions with our salespeople; track and categorize your activity and interests on our Site, including by identifying the different devices you use; and to enrich your experience on our Site;
  • For marketing and advertising, such as to: send you marketing and advertising communications, and to customize the marketing and advertising that we show you (we offer choices about marketing and advertising as noted in the Your Choices section below);
  • For analytics, such as to: understand how you use our Site and our Services; understand how you shop with us; determine the methods and devices used to access our Site; troubleshoot technical difficulties and errors; and improve Site functionality;
  • For our business purposes, such as: to operate and improve upon our business and lawful business activities; to maintain our programs, accounts, and records; for research; to determine your satisfaction with our products and Services; to detect and prevent fraud or misuse of our Services; and for any other business purpose that is permitted by law;
  • For legal and safety purposes, such as to: defend or protect us, our customers, you, or third parties, from harm or in legal proceedings; protect our rights; protect our security and the security of our customers, employees, and property; respond to court orders, lawsuits, subpoenas, and government requests; address legal and regulatory compliance; respond to an emergency; and notify you of product recalls or safety

 Section VIII.       Who We Share Information [A9] With

Except as disclosed in this Privacy Policy, we do not share your personal information with any companies not part of 99 High Tide or its parent, subsidiaries or related entities, and in no event will we ever sell or rent your personal information.  We may share personal information with third parties for other purposes.  For example, we may share personal information with] :

  • Our family of brands and companies, owned or controlled by us, including our affiliates, parents, and subsidiaries;
  • Third parties and service providers that provide products or services to us, that help us market or advertise to you (including co-branded marketing and advertising), or that provide services to you on our behalf.  We may use third parties or service providers to help with managing our relationship with you, auditing interactions and transactions with you, processing your payments, to us or on our behalf, addressing security, fixing errors, helping us with advertising or marketing, maintaining accounts and providing customer service, helping with our internal research, verifying service quality or safety, and performing any of the other actions or activities allowed under this Privacy Policy;
  • Social media platforms and networks such as Facebook, Twitter, Pinterest, and Instagram that offer functionalities, plugins, widgets, or tools in connection with our Site (e.g., to log into an account, or to share inspiration, finds, purchases, and other content with your friends and followers on social media).  If you choose to use these functionalities, plugins, widgets, or tools, certain information may be shared with or collected by those social media companies—for more information about what information is shared or collected, and how it is used, see the applicable social media company’s privacy policy;
  • Parties to business transactions such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions.  In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party; and
  • Additional third parties such as law enforcement, government entities, courts, or other third parties as required or allowed by applicable law, such as for the legal, protection, and safety purposes described under the “How We Use Information” section above, or otherwise to help prevent harm or fraud to us, you, our customers, or other third parties.  We also may share personal information with third parties upon your request or with your approval, though we may not be able to accommodate all requests.  Finally, we may also share aggregated and/or anonymized data with others for their own uses. 

We do not sell, trade, or otherwise transfer to outside parties your personal information, outside of the situations detailed above, unless you consent otherwise .


 Section IX.           Security and Protection of Your Personal Data

We take the security of your personal information seriously and use reasonable electronic, personnel and physical measures to protect information from loss, theft, alteration, or misuse.  However, in general, information transmitted through the Internet may not be perfectly secure, and we are unable to guarantee the security of your personal information.  Please be advised that even the best security measures cannot fully eliminate all risks.  We cannot guarantee that only authorized persons will access your information. We are not responsible for third-party circumvention of any privacy settings or security measures.

Wherever we or a trusted third-party service collects sensitive information (such as credit card data), that information is encrypted and transmitted in a secure way.  You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for “https” at the beginning of the website address, also known as a URL, of the web page.  When you make a purchase at our store with a credit card, our payment processor stores your credit card data, ensuring that it is encrypted through PCI-DSS, then deletes the transaction information as soon as it is no longer necessary.  We will never transmit sensitive financial information by email.

We encourage you to take steps to help protect the confidentiality and security of your account and personal information, including by doing the following: 

  • Reviewing your account periodically and immediately reporting any unexpected activity or unrecognized information;
  • Installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses;
  • Using complex passwords (a minimum of 7 alpha/numeric cAsE sEnsitive characters);
  • Not using the same password on more than one website;
  • Not sharing your password with others;
  • Password protecting your computer and mobile device; and
  • Signing out/logging off of website sessions so that your session is closed, especially when using a public computer.

We are dedicated to protecting all personal information as is necessary.  However, you are responsible for maintaining the confidentiality of your personal information by keeping your password confidential.  You should change your password immediately if you believe someone has gained unauthorized access to it or your account.  If you learn of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody, you should notify us immediately.


 Section X.              Your Choices and Access Requests

You have the right to request we disclose what personal information we collect, use, or disclosed, and we strive to offer you choices about how personal information is used and shared.  Your choices include:

  • Social Media Platforms and Networks.  We encourage you to review your privacy options and settings with the social media platforms and networks you use to understand what choices you have about sharing information from those platforms and networks with us.
  • Email Choices.  You can opt-out of marketing or advertising emails by using the “unsubscribe” link or mechanism noted in marketing or advertising emails you receive from us .  You may also request to opt-out of marketing or advertising emails by contacting us through one of the methods specified in the “Contact Us” section below and sharing the email address at which you are receiving marketing or advertising emails.
  •   You may opt-out of receiving marketing or advertising by direct mail by contacting us through one of the methods specified in the “Contact Us” section below and sharing the name and mailing address that you would like to opt-out.  Please note that these requests may take up to 8–10 weeks to become effective.
  • We will not place a call or send a text message for informational or marketing purposes without obtaining your consent.  If you have opted-in, 99 High Tide provides alerts, information, promotions, specials, and other marketing offers via text messages through your wireless provider to the mobile number you provided.  By opting-in, you agree to receive recurring messages each month. You may need to confirm your consent, such as by following the instructions contained in an initial text message we send. Messages may be sent using an automatic telephone dialing system or artificial or pre-recorded messages. You understand that consent to receive such text messages is not required as a condition of purchasing any goods or services.  Message and data rates may apply.  You will have the ability to opt-out of receiving text messages, at any time, by texting “STOP” in response to a text message that you receive.  You can also opt-out of receiving marketing or advertising calls or text messages by contacting us through one of the methods specified in the “Contact Us” section below and sharing the phone number that you would like to opt-out.  You agree to provide us with a valid mobile number. If you change your mobile number, you agree to opt out of the Services prior to changing your mobile number.
  • Access Requests. If you have registered for an online account, we allow you to access and update certain personal information that you have provided to us by logging into your online account and using the features and functionalities available there.  Unless alternate procedures are noted for your state in the “Notices, Disclosures, and Jurisdiction-Specific Rights” section below, you may also make a request for access to your personal information by sending an email or writing to us at the address specified in the “Contact Us” section below. Only you, or a person legally authorized to act on your behalf (an “Authorized Agent”), may make a verifiable consumer request related to your personal information.  We are not able to grant all access requests, and we may request additional information from you in order to verify your identity before accommodating an access request.
  • Deletion of Personal Information. You have the right to request deletion of your personal information.  You can request the deletion of your personal information[A16]  by Toll Free Number 1(844) 234-4579 or Email:  [email protected]  Only you, or an Authorized Agent may make a verifiable consumer request related to your personal information.

You may have additional rights in the state in which you reside.  Please see the “Notices, Disclosures, and Jurisdiction-Specific Rights” section below for additional information.


 Section XI.           Updating your Personal Information

It is important that the information contained in our records is both accurate and current.  If your personal information happens to change during the course of our relationship, please keep us informed of such changes.


 Section XII.         Notices, Disclosures, and Jurisdiction – Specific Rights

  • Links to Other Websites and Services.  Our Site may provide links to other Internet sites, content, or videos (embedded or direct links) maintained by third parties.  We are not responsible for the sites, content, or videos accessed via the links and we have not reviewed the privacy practices of those third parties.  We encourage you to review the privacy practices of those third parties.
  •   While we strive to offer you choices when you use our Site and Services, we do not promise that we will be able to receive or honor web browser Do Not Track signals.
  • California Privacy Rights.  Please see the “Your California Privacy Rights” section, below.
  • International Customers.  If you provide personal information through our Site separate from a purchase, you agree that the personal information will be transferred to and processed in the United States of America and any other country or jurisdiction at our sole discretion.  The laws that apply to the use and protection of personal information in the United States or other countries or jurisdictions in which we transfer or process personal information may be different than the laws and protections in your country.
  • European Privacy Rights.  If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Site or Services. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Site or Services.  In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you.  You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.  If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.

To exercise any of these rights, contact us at the address set forth in the section entitled “Contact Us” below and specify which right you intend to exercise.  We will respond to your request within thirty (30) days.  In addition, we may require additional information from you to allow us to confirm your identity.  Please note that we store information, as necessary, to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including, as necessary, to comply with our legal obligations, resolve disputes, prevent fraud and enforce our agreements.


Section XIII.         Your California Privacy Rights

 Notice of California Privacy Rights

Pursuant to California Civil Code Section 1798.88, California residents who use our Site may request certain information regarding any disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. To make this request, please email us at [email protected] or use the contact information provided below at the end of this policy. Should you choose to email us, please include in the subject line or body of your email the phrase “California Customer Choice Privacy Notice” and specify the personal information you do not wish to be shared with third parties for their direct marketing purposes. Please allow up to thirty (30) days for a response.

The California Consumer Privacy Act also grants California residents the following rights with respect to your personal information.  The right: (1) to update or amend personal information that we have collected about you if it is inaccurate or incomplete; (2) to request that we disclose the personal information that we hold about you ; (3) to request the categories of sources from which your personal information is collected; (4) to request the categories of third parties with whom we share personal information; (5) to request the commercial purpose for collecting your personal information; (6) to request the categories of personal information sold and the categories of third parties to whom the personal information was sold; (7) to request that we erase or restrict personal information; (8) to object to the processing of your personal information with respect to direct marketing purposes; and (9) not to receive discriminatory treatment for the exercise of your privacy rights.  You have the right to request this information up to two (2) times in a twelve (12) month period.  You also have the right to designate an Authorized Agent to make a request on your behalf.

To exercise your California privacy rights, submit a request Toll Free Number 1(844) 234-4579 or Email:  [email protected], and provide the information required.  Once we receive your request, we will validate the information that you provide with the information we have collected and send a message to the email address you provide in the request, requesting you to verify that it is your email address.  Please follow the instructions in that email to verify your email address.  We will begin processing your request once you verify your email address.  If you maintain a password-protected account with our Site, we may verify your identity through our existing authentication practices for your consumer account.

We do not sell, trade, otherwise transfer your personal information outside of the situations detailed above, so we do not have an opt-out. If you have questions about these practices, please contact us at [email protected]


Section XIV.         Authorized Agents

 If you would like an Authorized Agent to submit a request on your behalf, please send us an email at [email protected] for instructions and details on proof required for use of an Authorized Agent.


Section XV.           Right Non-Discrimination

We will not discriminate against you for exercising any of your rights under the California Consumer Privacy Act.  Unless permitted by the Act, we will not:

  • Deny you products or Services.
  • Charge you different prices or rates for products or Services, including through the use of discounts or other benefits or imposing penalties.
  • Provide you with a different level or quality of products or Services.
  • Suggest that you will receive a different price or rate for products or Services or a different level or quality of products or Services.

 Section XVI.       Updates to this Privacy Policy

We may make changes to this Privacy Policy, and may apply any changes to information previously collected, as permitted by law.  When we make changes to this Privacy Policy, we will notify you by posting the updated Privacy Policy on our Site, and we will update the effective date at the top of this Privacy Policy.  We may also send e-mails to our users who have created an account containing a link to the revised Privacy Policy.


 Section XVII.     Terms of Service

This Privacy Policy is subject to the Terms of Service, a copy of which is available here; https://Malibu99HighTide.com/terms  It is important that you read the Terms of Service, as where there is a conflict between this Privacy Policy and the Terms of Service, the Terms of Service shall prevail.


 Section XVIII.  Accessibility

We recognize the need to develop electronic and information technology (“E&IT”) products and services that are accessible and usable by all people, including those with disabilities and special needs.  We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of 99 HIGH TIDE’s Site and Services.

These services include:

  • Customer Technical Support to answer general and/or technical questions

1-844-234-4579

Available Monday-Friday from 10:00 a.m. to 7:00 p.m. PST, excluding holidays

  • General Product Information
  • 1-844-234-4579
  • Privacy Policy
  • 1-844-234-4579

 Section XIX.       Contact Us

If you have any questions regarding this Privacy Policy or our practices, please contact us at: 

99 High Tide, Inc.

Address: 22775 PCH Malibu, CA 90265

Phone:

1-844-234-4579

E-mail: [email protected]

 Disclaimers


ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS INDENDED FOR INDIVIDUALS OVER THE AGE OF 21 (TWENTY-ONE).

ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY.

CONTENT POSTED BY 99 HIGH TIDE ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY.

99 HIGH TIDE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT, INDEPENDENT TESTING RESULTS AND THIRD-PARTY INFORMATION OR MATERIALS.

99 HIGH TIDE DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF 99 HIGH TIDE’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND 99 HIGH TIDE-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, INDEPENDENT TESTING RESULTS AND OTHER DATA).

THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA 99 HIGH TIDE’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON 99 HIGH TIDE’S SOCIAL MEDIA PAGES AND CHANNELS.

99 HIGH TIDE DOES NOT OFFER LEGAL ADVICE. NOTHING CONTAINED HEREIN OR ACCESESSED THROUGH THIS SITE AND ITS SERVICES SHALL BE CONSTRUED AS PROVIDING LEGAL ADVICE OR SERVICES TO THE SITE’S USERS OR ANY OTHER PARTY.

USERS WITH QUESTIONS REGARDING THE LEGALITY OF CANNABIS OR ANY OTHER LEGAL MATTER AGREE THAT THEY HAVE CONTACTED INDEPENDENT LEGAL COUNSEL OF THEIR CHOOSING OR HAVE KNOWINGLY CHOSEN TO WAIVE THAT RIGHT BEFORE USING THIS SITE OR SERVICES PROVIDED BY 99 HIGH TIDE.