This Privacy Policy was last updated on December 10, 2024. 

S49 Express LLC, and their respective subsidiaries, parents and affiliates  (collectively, “Houseplant,” “we,” “us,” or “our”) provides this Privacy Policy, including, without limitation, any policies, rules and other terms that are expressly incorporated herein by reference (collectively, this “Privacy Policy”) to describe how we collect, use, and share the information of individuals who (a) visit any of our websites that link to this Privacy Policy and/or the Terms of Service of which this Privacy Policy is a part (the “Terms of Service”), including our website located at www.houseplant.com (collectively, the “Sites”), (b) content, information, functionality, products or services made available on or through the Sites, and (c) our SMS based service, TextBuds and the other Mobile Services (as defined in the Terms of Service ((a), (b) and (c) are referred to collectively as the “Services”).  This Privacy Policy has been compiled to explain how information, including personal information, is collected or used. By accessing, browsing, or otherwise using the Site, you agree to our collection, storage, use and disclosure of your information, as described in this Privacy Policy and the Terms of Service. Please read this Privacy Policy carefully before using our Services.

 All updates to this Privacy Policy are noted at the top of this page, with time-date reference for your convenience. Houseplant reserves the right in its sole discretion to amend this Privacy Policy at any time. Your continued use of the Site after we make changes is deemed to be acceptance of those changes so please check the policy periodically for updates.  This Privacy Policy applies to information we collect through the Site as well as any of our other websites that post this Privacy Policy.  This Privacy Policy does not apply to websites that post different privacy policies or statements.

PRIVACY OF CHILDREN  

Our Sites and Services are not intended for children or persons under the age of 21. Children or persons under the age of 21 are not allowed to use our Site and Services. If we learn or have reason to suspect that a user is under age 21, we will promptly deactivate that user’s account (“User Account”) and delete any personal information collected in connection therewith. If you believe we might have any information from or about a child or person under the age of 21, please contact us at hello@housplant.com. 

What is Personal Information? 

For the purposes of this Privacy Policy, personal information means information that identifies, relates to, describes, is 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. 

What Information is Collected? 

Information You Give Us. When using the Sites or the other Services, you may voluntarily provide information about yourself, including your name, e-mail address, zip code, and any other information you choose to provide.  We collect this information that you give us when you subscribe to a newsletter that we offer, send an e-mail to us requesting information, or otherwise contact us or interact with us for any other purpose.  We may also collect your address and payment information when you order products from us. 

When you use the Mobile Services we may also collect information about you. For example, we may collect information you provide during registration, including your name, date of birth, mobile phone number, and zip code.  We also may collect information related to your interactions with the Mobile Services, including information you share about yourself—such as your product preferences. 

Information Automatically Collected. In addition, we collect information relating to your interactions with us and the Services, including browser type, IP address, pages visited and other activities on the Sites and the other Services, device type, time and date of visit, and other information we collect through the use of cookies, mobile identifiers, and similar technology.  We may use your IP address to derive your general location, and we may collect information about the precise location of your mobile device if you enable location services and grant permission.  See the “Digital Advertising & Analytics” section of this Privacy Policy to learn more about the use of this information and the choices available to you. 

Cookies.  

We may use cookies from time to time.  Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information.  They are also used to help us understand your preferences based on previous or current site activity.  We also use cookies to help us compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future. 

We may use cookies to: 

• Understand and save users’ preferences for future visits; and 

• Compile aggregate data about Site traffic and Site interactions in order to offer better Site experiences and tools in the future.  

 

We may also use trusted third-party services that track this information on our behalf. 

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies.  You can do this through your browser settings. Because each browser is a little different, look at your browser’s “Help Menu” to learn the correct way to modify your cookies. 

If you turn cookies off, some of the features that make your Site experience more efficient may not function properly or otherwise be available to you. 

Pixel Tags and other similar technologies.  Pixel tags (which also may be referred to as “web beacons” or “clear GIFs”) are small images that we (or our licensees or other third party service providers) may use in connection with the Services so we may provide you with access to the Services, track our Services users’ actions and other similar purposes including to evaluate marketing campaigns.  The type of information collected by Pixel tags may include the pages and links accessed by you as well as your IP address and other information about the device you used to access the Services. 

How Do We Use Your Information? We may use your information for any lawful purpose, including the following:

1. To respond to your inquiries and fulfill your orders;
2. To send you personalized recommendations, such as what cannabis you might like;
3. To operate, personalize, and improve the Services, including for analytics purposes and to provide better services, products, and opportunities to visitors to the Sites and users of the Mobile Services or the other Services;
4. To send periodic emails, notifications, and text messages regarding our Services, including surveys, promotions, and marketing materials that may be of interest to you;    
5. To communicate about our partners’ products and services;  
6. To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; 
7. To troubleshoot technical difficulties and errors; 
8. To link or combine user information with other personal information;
9. For our legal compliance and to maintain the security of the Services; or
10. With your consent or as otherwise disclosed at the time information is collected.

 

Who Do We Provide Your Information to?   Except as disclosed in this Privacy Policy, we do not disclose your personal information to any companies not part of Houseplant or its parent, subsidiaries, affiliates, or related entities.  In no event will we ever sell or rent any identifying personal information, except in the form of aggregate consumer information, as described below.  We may, however, share your personal information as follows::

1. We may share personal information for legal, protection, and safety purposes. 
2. We may share information to comply with laws or as permitted by laws. 
3. We may share information to respond to lawful requests and legal processes. 
4. We may share information with other companies and brands owned or controlled by Houseplant, including our subsidiaries. 
5. We may share information to protect the rights and property of Houseplant, our agents, customers, and others.  This includes enforcing our agreements, policies, and Terms of Service. 
6. We may share information in an emergency.  This includes protecting the safety of our employees and agents, our customers, or any other person. 
7. We may share your personal information with vendors, service providers, contractors and agents in connection with the performance of services on our behalf.  These service providers are prohibited from using your information except as needed to perform our work or as required by law. 
8. We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets.  These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding. 
9. Social media platforms and networks such as Facebook, Twitter, TikTok, Pinterest, and Instagram that offer functionalities, plugins, widgets, or tools in connection with our Services (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. 
10. We may share personal information for any other purpose disclosed by us when you provide the personal information.

We may also share your personal information with our employees, contractors, consultants, affiliates and other parties who require such information to assist us with managing our relationship with you, including trusted third parties that provide services to us or on our behalf.  For example, we may share your personal information from time to time with third-party information technology, data processing, and call center service providers so that we may operate our business.  

Finally, we may also sell, rent, or share aggregate consumer information (i.e., anonymized summary data) with others for their own uses.  Specifically, if you create a User Account, we may sell, rent or share certain aggregate consumer information that we compile using personal information collected about you and other users.  This aggregate consumer information will never include your name, phone number, email address, or mailing address.  We may sell, rent or share this aggregate consumer information with our partners and other companies for their own marketing, product development, research, or other 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. 

 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 it from loss, theft, alteration or misuse.  However, please be advised that even the best security measures cannot fully eliminate all risks.  We cannot guarantee that only authorized persons will view your information.  We are not responsible for circumvention of any privacy settings or security measures. 

 Whenever we collect personal information, that information is encrypted and transmitted in a secure way. We will not ask you to provide payment card information (such as credit card number, expiration date, CVV, and billing address) through the Site.  However, if a third-party service you have found through the Site collects such payment card information or any information from you, you should ensure that information is encrypted and transmitted in a secure way.   

We are dedicated to protecting all personal information to the greatest extent possible.  However, if you create a User Account, 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 User 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.  

Digital Advertising & Analytics

 We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms.  Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Sites and the other Services and other sites or apps over time, including information about relationships among different browsers and devices.  This type of advertising is known as interest-based advertising.

 Houseplant adheres to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles in connection with this interest-based advertising activity.  You may visit the DAA Webchoices tool at www.aboutads.info to learn more about this type of advertising and how to opt out of this advertising on websites by companies participating in the DAA self-regulatory program.  If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choices exercised through the DAA Webchoices tool.  Note that electing to opt out will not stop advertising from appearing in your browser or applications.  It may make the ads you see less relevant to your interests.  Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, the Sites and the other Services may not function as intended.

 We may also work with third parties that collect data about your use of the Sites and the other Services and other sites or apps over time for non-advertising purposes.  Houseplant uses Google Analytics and other third-party services to improve the performance of the Sites and the other Services and for analytics and marketing purposes.  For more information about how Google Analytics collects and uses data when you use the Sites, visit www.google.com/policies/privacy/partners, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout.

 Third-Party Links and Tools

 The Sites and the other Services may include embedded web applications. These web applications are operated by third parties and may collect personal information about you on our behalf; however, we do not control the privacy practices of such applications and they are not covered by our Privacy Policy.  In addition, the Services may provide links to third-party websites or apps.  Such websites or apps are not covered by this Privacy Policy.  You should review the privacy policies of other websites or apps that you use to learn about their information practices.

 The Sites and the other Services may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties.  If you use these tools to share personal information or you otherwise interact with these features on the Sites and the other Services, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public.  Your interactions with third-party companies and your use of their features are governed by the privacy policies of the companies that provide those features.  We encourage you to carefully read the privacy policies of any accounts you create and use.

 HIPAA

Houseplant is not an entity that is covered by the Health Insurance Portability and Accountability Act (“HIPAA”).  The HIPAA privacy rules apply generally to health plans, health care clearinghouses, and to health care providers. This means that the information that you provide to Houseplant is not protected by the HIPAA privacy rules and regulations.

California Privacy Rights  

This section contains disclosures required by the California Consumer Privacy Act (“CCPA”) and applies only to “personal information” that is subject to the CCPA.

Categories of Sources. We collect personal information from the following categories of sources:

1. Consumers;
2. Advertising networks;
3. Data analytics providers;
4. Operating systems and platforms;
5. Social networks;
6. Service providers; and
7. Affiliated entities irrespective of whatever marks they may use.

Personal Information We Collect.  We collect the following categories of personal information about California consumers.

1. Personal and online identifiers (such as first and last name, email address, or unique online identifiers);
2. Categories of information described in Section 1798.80(e) of the California Civil Code (such as physical characteristics or description, credit card number, debit card number, or any other financial information, medical information, or health insurance information);
3. Characteristics of protected classifications under California or federal law (such as race or gender);
4. Commercial or transactions information (such as records of personal property or products or services purchased, obtained or considered);
5. Internet or other electronic network activity information (such as browsing history, search history, interactions with a website, email, application, or advertisement);
6. Biometric information (such as call recordings);
7. Geolocation information;
8. Sensory information (such as audio, electronic, visual, thermal, olfactory, or similar information);
9. Professional or employment-related information;
10. Education information;
11. Inferences drawn from the above information about your predicted characteristics and preferences; and
12. Other information about you that is linked to the personal information above.

 Why We Collect, Use, and Share California Information. We use and disclose the personal information we collect for our commercial and business purposes, as further described in this Privacy Policy.  These commercial and business purposes include, without limitation:

• Our commercial purposes, including:

• To provide you with products and services;

• To advertise our products and services;

• To provide you with news and information;

•  
  Our business purposes as identified in the CCPA, which include:

• Auditing related to our interactions with you;

• Legal compliance;

• Detecting and protecting against security incidents, fraud, and illegal activity;

• Debugging;

• Performing services (for us or our service provider) such as account servicing, processing orders and payments, and analytics;

• Internal research for technological improvement;

• Internal operations;

• Activities to maintain and improve the Services; and

• Other one-time uses.

 Recipients of California Personal Information. We sell each category of personal information we collect to the following categories of third parties:

• Advertising/marketing companies;

• Advertising networks;

• Social networks; and

• Affiliated entities irrespective of whatever marks they may use.

In addition, we disclose each category of personal information we collect to the following categories of third parties for business purposes:

1. Service providers who process data on our behalf, such as e-mail service providers, texting platforms, and e-commerce providers (such as Shopify);
2. Our partners, including distributors and dispensaries that we provide products and services to;
3. Affiliated entities irrespective of whatever marks they may use;
4. Advertising networks;
5. Advertising/marketing companies;
6. Social networks;
7. Third party recipients who receive personal information as part of a corporate sale, merger, or acquisition, or other transfer of all or part of our assets; and
8. Government entities.

Your Rights Regarding Personal Information. California residents have certain rights with respect to the personal information collected by businesses.  If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:

1. The right to know the categories and specific pieces of personal information we collect, use, disclose, and sell about you; the categories of sources from which we collected personal information about you; our purposes for collecting or selling personal information about you; the categories of personal information about you that we have either sold or disclosed for a business purpose; and the categories of third parties with which we have shared personal information.

2. The right to request that we delete the personal information we have collected from you.

3. The right to opt out of our sale(s) of your personal information. Please note that if you opt out of certain types of sales, we will be unable to provide you with the services that rely on such sales.

4. The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. 

5. To exercise any of the above rights, please contact us using the following information and submit the required verifying information, as further described below:

6. By email at hello@houseplant.com

7. Online at drinkhouseplant.com/pages/privacy-policy; or

8. If you have an online account with us, through the settings page in your account.

 Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled.  We will require you to provide, at minimum, your full name and an email address or a mobile phone number.

Authorized Agent. You may designate an authorized agent to make a CCPA request on your behalf by providing the authorized agent written permission to do so.  We may require you to verify your own identity directly with us for requests to access or delete personal information. 

Minors’ Right to Opt In. We do not have actual knowledge that we sell the personal information of minors under 16 years of age.

Your 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 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 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. 

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 30 days. 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. 

If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority. 

Consent 

By using our Services, we assume that you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.  You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us using the contact information set out below.  All communications with respect to such withdrawal or variation of consent should be addressed to our team.  Please note that in some circumstances, withdrawing or changing your consent to certain uses of your personal information may affect: (i) our ability to provide you with the Services you request; and (ii) your ability to access to the Site.    

Your Choices About Data We Collect and How to Opt Out You have a choice about how we use your personal information.  Although you cannot opt out of all data collection when you visit our Site and use our Services, you can limit the collection, use, and sharing of your personally identifiable information.  Please note that this may affect your ability to access certain Services.  To opt out of our e-mail marketing, you can use the link provided at the bottom of each marketing message.  To opt out of receiving text messages from us, please reply to a text message from us and respond “STOP.” 

For choices with respect to third-party interest-based advertising activities, please see the “Digital Advertising & Analytics” section above.

Access to Your Personal Information 

Subject to applicable laws, you can review, verify or correct your personal information.  Please review the information in the “Your Rights” section below regarding your rights with respect to the collection of your personal data or contact us at the email below for further details.   

In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions. 

 Updating Your 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. 

You may request to review, change, or update your contact information by e-mailing us at privacy@houseplant.com.  In some circumstances we may not agree with your request to change your personal information such as when we cannot verify your request, when we need to complete a transaction, for certain business security practices, to comply with legal obligations, exercise legal claims or rights, or if the information is not considered personal information under state privacy laws. In such cases, we will instead append an alternative text to the record in question. 

 Do Not Track Signals 

We honor do not track signals and do not track, plant cookies or use advertising when a Do Not Track (DNT) browser mechanism is in place. 

 Accessibility 

Individuals who need assistance accessing this Privacy Policy or need technical or customer support in an alternative format can do so by contacting us at the email address below. 

Changes to Our Privacy Policy

We may revise this Privacy Policy from time to time. We will text you, e-mail you and/or post a notification on the Sites and/or in the other Services in the event of any material changes to this Privacy Policy.  Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification and will apply to information we collect after the changes are effective.  If the change is not material, the change shall be effective immediately upon appearing on the Sites and the other Services regardless of the date of notice.  Please check this Privacy Policy periodically for changes.  

Terms of Service

This Privacy Policy and its terms and provisions are incorporated into, and a part of, our Terms of Service.   

Contact

If you have questions, comments, or concerns about this Privacy Policy, please contact us at hello@houseplant.com.