Apex Arboretum Inc., a Vermont corporation (“Apex” or “we” or “our” or “us”), values its customers (“you”) and your privacy. This Privacy Policy sets forth our practices in connection with: (a) the information we collect through our websites, mobile software applications and other digital services operated by Apex or on our behalf and which contain a link to this Privacy Policy including, but not limited to the website (collectively, the “Online Services”); (b) your information collected through off-line means including information you submit to us through electronic mail, SMS/MMS text message, by telephone or other offline mediums (collectively, “Offline Services” and together with the “Online Services”, the “Services”); (c) how we use and process the information that we receive; (d) how and why we may disclose your Personal Information (as defined herein) to third parties; and (e) your choices regarding our collection, processing and use of your Personal Information.

However, this Privacy Policy does not apply to information collected through third party websites or services that you may access through the Services or to which the Services may link or to information provided to, or collected by, third parties through third party cookies, web beacons, or other third party services related thereto.

BEFORE ACCESSING OR USING THE SERVICES OR OTHERWISE PROVIDING INFORMATION TO APEX, PLEASE REVIEW THIS PRIVACY POLICY AND OUR TERMS OF SERVICE (WHICH ARE INCORPORATED BY REFERENCE HEREIN AND AVAILABLE AT: CAREFULLY. By accessing or using the Services or otherwise providing information to Apex, you consent to our collection, processing, use, retention and disclosure of your information in accordance with the terms set forth in this Privacy Policy and our Terms of Service.

Please note: Section 11 of this Privacy Policy contains an arbitration clause and jury trial waiver that requires you and Apex to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.


• Updates to this Privacy Policy and our Terms of Service. We reserve the right to change or modify the terms of this Privacy Policy and our Terms of Service at any time, with or without notice to you. The effective date of this Privacy Policy is set forth at the top of this Privacy Policy. Any changes made to this Privacy Policy are effective as of the date set forth above. Your continued access or use of the Services or provision of information to Apex after said date shall constitute your acceptance of the terms of the Privacy Policy as of said date and the amended Privacy Policy shall replace and supersede all prior versions thereof. We encourage you to check this Privacy Policy periodically as its terms may change from time to time without notice to you.

• Types of Information We Collect. We may collect the following types of information from you and through your use of the Services:

• Personal Information. “Personal Information” means information which is associated with or may be used to identify or contact you specifically and includes your:

• Name;

• Postal address (including billing and shipping addresses);

• Telephone number;

• Email address, social media accounts and other similar online identifiers;

• Your image and other of your biometric information including audio, electronic, visual film or still images, physical and behavioral characteristics or patterns, or other sensory information including, recorded phone calls (when permitted by law); and

• Credit and debit card number.

• Other Information. “Other Information” means any other information that, by itself, does not generally identify you as a specific individual and includes:

• Information about the location of your mobile device or computer, including:

• The location of the mobile device or computer used to access the Services derived from GPS or WiFi use; and

• The internet protocol (“IP”) address of the mobile device or computer or internet service used to access the Services;

• Other information made available by you or others that indicates your current or prior location;

• Your purchase history;

• Technical information including your browser type, service provider, operating system, and webpages visited and search history while using or accessing the Services;

• Metadata; and

• Demographic information and other non-personally identifiable information provided by you such as your age, gender or race.

Notwithstanding anything to the contrary contained herein, in the event “Other Information” is actually able to identify you as a specific individual, such “Other Information” will be treated as “Personal Information”.

You specifically represent and warrant that you will not provide Apex with any Personal Information relating to anyone other than yourself without first obtaining all necessary consents from said individual.

• How We Collect Information. How we collect and process certain types of your information depends on your use of and access to the Services.

• Personal Information. We may collect Personal Information about you in the following ways:

• From you directly:

• We may collect Personal information from you when you create an account to use one of the Services, contact us for information or assistance relating to the Services, or otherwise voluntarily provide your Personal Information;

• We may collect information and content you submit to Apex;

• When you participate in sweepstakes, contests or other promotions conducted by (or on behalf of) Apex;

• When you complete a customer satisfaction, market research or similar survey;

• When you make a purchase; and

• Closed circuit television cameras and similar security devices when you visit our store locations;

• From third party sources. We may collect your Personal Information from third party sources in furtherance of the purposes set forth in this Privacy Policy and the Terms of Service. Such third party sources may include:

• The Services may offer you the ability to use your social media profiles (collectively, “Social Media”) in connection with certain Services. When you access the Services through your Social Media account(s), the Services may, depending on your privacy settings, have access to information that you have provided to the applicable Social Media platform. We may use this information, including Personal Information, for the purposes set forth in this Privacy Policy. When you connect your Social Media account with your Apex Account (as defined in the Terms of Service) and authorize Apex to have access to this information, including Personal Information, you agree we may collect, use and store the information (including Personal Information) provided by Social Media platforms as described in this Privacy Policy;

• Financial institutions including your credit card company or your bank;

• Third party service providers;

• Marketing partners;

• Marketing and advertising agencies and networks; and

• Previous employers and background screening companies (in the event you are applying for a job with Apex).

While we may collect your Personal Information from any or all of these sources, we will only use and disclose Personal Information in accordance with the terms of this Privacy Policy.

• Other Information. We and our licensees and third party service providers collect Other Information about you in different ways including:

• From our business partners and service providers. We have licensees and third parties who assist us with our business operations and who collect information (which may include Personal Information) about you through your use of the Services or otherwise share with us or said third parties. We may combine the information we collect from you with information we receive from licensees and other third parties and use such combined information as described herein.

• Through your browser and server log files. Certain information is automatically collected through the devices you use to access the Services including, your IP address, the device manufacturer and model, the type and version of your operating system, your browser, the location of your device, and the date and time of your use of the Services as well as the webpages of the Services you access.

• Cookies and other data collection tools. We, along with our third party service providers, may use small text files called “cookies”, which are small computer files sent to or accessed from your web browser or your computer’s or tablet’s hard drive that contain information about your computer, such as a user identification (“User ID”), user settings, browsing history and activities conducted while using the Services. Cookies are not themselves personally identifiable, but may be linked to Personal Information that you provide to us (or our third party service providers) through your interaction with the Services. A cookie typically contains the name of the domain (internet location) from which the cookie originated, when the cookie expires and a randomly generated unique number or similar identifier. Cookies help us improve the Services by tracking our customers’ navigation habits and storing our customers’ username and password, customizing users’ experiences with the Services, enabling us to analyze technical and navigational information about the Services, and helping to detect and prevent fraud. We also use other cookies and data collection tools (such as web beacons and server logs), which are collectively referred to herein as “data collection tools,” to help improve your experience with the Services. These data collection tools help us provide more relevant Services to you including, but not limited to, personalized location-based services and content, including for marketing purposes.

Web browsers allow you some control of most cookies through your browsers’ settings. If you are unfamiliar with cookies and would like more information about cookies, including how to manage and delete them, we encourage you to visit Some web browsers (including mobile web browsers) provide settings that may allow you to reject cookies or alert you when a cookie is being placed on your computer, tablet or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. Although you are not required to accept cookies or mobile device identifiers to access or use the Services, blocking or rejecting them may prevent access to some features available through the Services.

• Analytics. We may use third party service providers like Google Analytics and IBM Coremetrics to obtain analytical information regarding the Services and our customers use thereof. Such third party service providers may use data collection tools to compile reports and provide us with other services in connection with the Services.

• 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.

• From You. Through your use of the Services, you may voluntarily provide us with Other Information about you including your city, state or zip code of residence, your preferred means of communication, your gender and your birthday. We will also maintain a record of your purchases and exchanges and returns of our products.

• Purposes for collecting, and how we use, your information. We may use the information we collect for any of the following purposes:

• To provide you with the Services;

• To operate, improve and personalize the products and Services we offer and to give you a more consistent and personalized experience when interacting with the Services;

• To respond to your inquiries and fulfilling your requests, including proactively contacting you, if we believe the circumstances require;

• For customer service, security, to detect fraud or illegal activities, or for archival and backup purposes in connection with the provision of the Services;

• To communicate with you by: (i) telephone, (ii) electronic mail, (iii) text or SMS message, (iv) fax, (v) Social Media, and (vi) mail regarding our products, Services or promotions;

• To process or fulfill your purchase or order including to confirm your billing or shipping information, process your payment and delivering the products or services you purchase or order from Apex;

• To help us develop new products and services and improve our existing products and services;

• To provide you with advertising and direct marketing that is more relevant to you including promotions (which may include additional rules or policies specific thereto);

• To enforce the terms of this Privacy Policy, the Terms of Service and all other applicable polices;

• To analyze trends and statistics related to our business, products and the Services;

• To assess the effectiveness of and improve our advertising and other marketing and promotional activities in connection with our products or the Services;

• To notify you of changes to this Privacy Policy, the Terms of Service and all other applicable policies and conditions should we deem it necessary; and

• As we, in our sole and absolute discretion, believe it to be necessary or appropriate, and subject to applicable laws, (1) to comply with legal processes and respond to inquiries from public and governmental authorities and (2) so we may pursue remedies available to us or limit our damages we may incur based on your acts or omissions including, but not limited to, your use of the Services.

It is important to note that, in order to provide you with a better experience and to improve the Services, the information collected, regardless of the source, may be aggregated or used in an individualized manner. As such, information collected through your use of a particular Service may be used in connection with your use of a different Service.

• How we share and disclose your information. We may share and disclose your Personal Information and Other Information as follows:

• To licensees and third parties in connection with the performance or provision of Services or delivery or production of goods or other functions or requests initiated by you or on your behalf;

• To third party sponsors of promotions;

• To identify you when you send communications through the Services;

• To our third party service providers who we engage to perform functions such as website hosting, data storage, data analysis, payment and credit card processing, order fulfillment and delivery, information technology services and other similar infrastructure-related services, customer support and service, email delivery and administration, auditing, marketing and other similar services;

• We may transfer your information, including your Personal Information, in connection with a merger, sale, acquisition or other change of ownership or control by or of us or of an affiliated company (in each case in whole or in part). Subject to the terms of the agreements governing such a transaction, we will use reasonably efforts to notify you before your information is transferred or becomes subject to a new or different privacy policy;

• With our subsidiaries and affiliated entities for marketing and other purposes;

• As we, in our sole and absolute discretion, believe it to be necessary or appropriate to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We may also share your Personal Information to pursue available remedies or limit damages we may sustain;

• We will disclose your Personal Information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process;

• We may use and disclose Other Information for any purpose and may combine Other Information with Personal Information;

• We may share Personal Information about you in an aggregated form, more specifically, in a statistical or summary format that does not include your personal identifiers, with third parties so we may learn more about how users like you interact with our Services; and

• We may share information that is not confidential information with other third parties not mentioned in this Policy. We may also share your identity, likeness, or testimonials with the public or third parties for advertising or any other lawful purpose. You agree to allow us to share information about your identity and your testimonials without first examining or approving how such information is used.

• Links to Third Party Services. The Services may contain links to our licensees and to other third party websites and services (“Third Party Services”). A link to a Third Party Service does not mean that we endorse it or the quality or accuracy of information presented on it or by it. If you decide to visit Third Party Services, you are subject to its privacy policy and practices and not this Privacy Policy. We are not responsible for the information collection, usage, disclosure or other privacy practices of our licensees or any other third party including, but not limited to, the Third Party Services, Social Media platforms or any third party which makes the devices or operating systems you use to access the Services.

• Information Storage and Security. We may retain information as long as it is necessary and relevant for our operations. We also may retain Personal Information to comply with applicable laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service, collect any fees owed Apex and other actions permitted by law. After it is no longer necessary for us to retain information as determined by us in our sole discretion and subject to applicable laws, we may dispose of such information according to our data retention and deletion policies.

We seek to use reasonable organizational, technical and administrative security measures designed to protect the security of all information submitted through the Services. However, the security of information transmitted through the internet can never be guaranteed. Please note, we may use third party cloud-based service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. We encourage you to exercise caution in submitting Personal Information to us. Users of the Services are responsible for maintaining the security of any password, User ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our Services. To protect you and your data, we may suspend your use of any of the Services, without notice, pending an investigation, if any breach of security is suspected.

• Rights to your Personal Information. You have the right to “opt in” and/or “opt out” of certain uses of your Personal Information. Depending on your jurisdiction, you may have additional choices about how we collect, use and share your Personal Information. You may have rights to:

• Request that we erase or delete some (or all) of your Personal Information in our possession subject to limitations related to certain security measures, anti-fraud policies and procedures and other obligations set forth herein;

• Edit the Personal Information we have on file for you through your Apex Account or otherwise;

• Ask us to stop using or sharing your Personal Information (subject to our legal right to do so and in accordance with the terms of this Privacy Policy); and

• Request a copy of your Personal Information in our possession.

You have the ability to review, change and correct the Personal Information you provide us. If you are a registered user, you can access, correct or update your Apex Account. When you access our website, you may opt out of receiving future e-mail communications from us.

To excise your rights under this Section 8, you can contact us by email: We will consider your requests and our obligations to respond in accordance with applicable laws. Please note, there may be circumstances in which we are unable to fulfill your request if it violates applicable laws or our other policies and procedures.

We will retain copies of your Personal Information if we believe it is reasonably necessary for us to do so due to our legal obligations, meet regulatory requirements, maintain security, prevent fraud and abuse, enforce our rights hereunder or the Terms of Service, or fulfill your requests related to your Personal Information including your requests to unsubscribe from our Services.

We will try to comply with your requests made pursuant to this Section 8 as soon as is reasonably practicable. It is important to note, should you exercise your right to “opt out” as described herein, we may not be able to remove your Personal Information from the databases of the third parties or affiliates with whom we have already shared your Personal Information prior to the date of your request.

We encourage our customers who are California residents to review the terms of Section 12 below which sets forth certain privacy rights specifically available to them.

• Disclaimers.

• Cannabis Acknowledgment: You acknowledge that, to the extent it pertains to cannabis, our products are only available to residents of states and localities with laws authorizing and/or regulating the medical or recreational use of cannabis and only to the extent permitted by such laws. Cannabis is a Schedule I controlled substance under the federal Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK.

• Not-Child Directed. We intend for the Services to be used by persons who are 21 years or older. Any use of the Services by persons under the age of 21 is strictly prohibited. You are not to supply to us or disclose to us through the Services or otherwise, any Personal Information of any person under 21 years of age, as we do not intend to collect information from anyone under 21 years of age or invite them to utilize or access the Services. Moreover, while we do not direct any of our content to children and consistent with the requirements of the Children’s Online Privacy Protection Act (“COPPA”), if we learn that we have received information directly from a child under the age of 13, we will promptly delete that information. If you believe we might have any information from or about a child or person under the age of 21, please contact us at:

• Do Not Track Signals. Our Services may not support “Do Not Track” browser settings and our Services will continue to operate pursuant to the terms of this Privacy Policy and Terms of Service, whether or not you utilize a “Do Not Track” signal or similar tool.

• Third Party Advertisers. We may engage third party advertising companies who deliver advertisements to you when you utilize the Services. In doing so, these third party companies may utilize a cookie or cookies on your browser. To learn more about this practice and to learn about your options to not have this information used by such companies, you can visit

• Dispensary Location/Finder Disclaimer. Should you decide to patronize a dispensary operated by one of our licensees, please be aware that we are not responsible for the collection or use of any information, including Personal Information, collected by such licensee. We encourage you to familiarize yourself with such licensee’s privacy policy because such policy, and not this Privacy Policy, shall apply.

• Product Pickup and Delivery Disclaimer. Should you decide to patronize a product pickup or delivery service operated by a third party, please be aware that we are not responsible for the collection or use of any information, including Personal Information, collected by such third party delivery service. We encourage you to familiarize yourself with such licensee’s privacy policy because such policy, and not this Privacy Policy, shall apply.

• SMS/MMS Text Messages. Should you provide Apex with your phone number and agree to receive SMS/MMS text messages sent by or on behalf of Apex, including through the use of automatic dialing programs, you expressly consent to receiving such messages even in the event that your phone number is otherwise registered with a corporate, state, or national “Do Not Call” registry. Messaging and data rates may apply if you use this service.  Please consult your service agreement with your wireless carrier or contact your wireless carrier to review your phone’s pricing plan and any charges for sending or receiving text messages.  You acknowledge that you are responsible for messages, data or other charges that you incur by agreeing to receive text messages from Apex.  This service may not be available on all wireless carriers.  Apex may add or remove any wireless carrier from this service at any time without notice to you. Apex is not responsible for any delays, failure of delivery, or errors in text messages. You also understand that you do not have to agree to receive SMS/MMS text messages from Apex in order to purchase any goods from Apex or its licensees or utilize the Services and that your consent to being contacted is entirely voluntary. To unsubscribe from SMS text messages, reply to said SMS text messages with the word “STOP”.

• International Transfers. Apex is based in and operates exclusively in the United States. If you are located in a jurisdiction outside the US, the data protection laws in the US may not be considered to provide an adequate level of protection under your local data protection laws. If you are a visitor to this Services and prefer not to have your Personal Information transferred to the United States, do not access or use the Services. For transfers of Personal Information, we may base the transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission or by a supervisory authority, approved code of conducts together with binding and enforceable commitments of the recipient, or approved certification mechanisms together with binding and enforceable commitments of the recipient. You can request a copy of the appropriate safeguards by contacting us as set out below.

• Contacting Us. Should you have any questions about this Privacy Policy, please contact us at: Please note, we do not recommend you include your credit card information or other sensitive Personal Information in any email messages to us. In the event that your credit card information is lost or stolen, or someone may have used your password without permission, you must notify us immediately.

• Miscellaneous.

• Venue/Jurisdiction. Our Services are owned and operated by Apex from within the United States of America and are not meant to subject Apex to the laws of any jurisdiction of any country other than the United States of America. You understand we reserve the right to limit, in whole or in part, our Services to any person in any jurisdiction, subject to applicable laws. This Privacy Policy and all other agreements referenced herein or elsewhere on our Services including, but not limited to the Terms of Service, are subject to the laws of the state of Florida without regard to its conflicts of laws principles. By using or accessing our Services, you consent to the exclusive jurisdiction of the federal and state courts located in Burlington, Vermont, in connection with any action or proceeding brought to enforce our rights relating to our intellectual property and/or Content (as defined in the Terms of Service) or a judgment awarded pursuant to Section 11(b) below, and waive any objection to the bringing of any such action or proceeding in such court based upon lack of personal or subject jurisdiction or improper venue. All other actions or proceedings related to this Privacy Policy, our Terms of Service or our Services shall be resolved exclusively in accordance with the terms of Section 11(b) below.

• Arbitration. Except as otherwise set herein, any dispute arising out of or relating to this Privacy Policy, or the breach thereof, shall be finally resolved by private, confidential arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction.  The arbitration shall be conducted in the English language in Burlington, Vermont.  There shall be a single arbitrator.  The arbitrators shall decide the dispute in accordance with the substantive law of the state of Florida.  The parties will share equally the cost of the arbitration, but will separately pay their respective attorneys and other costs of the arbitration. Any arbitral award may be enforced in any jurisdiction. The parties hereby undertake to voluntarily comply with the arbitral award issued, as soon as it becomes final.

• Amendment. We may, in our sole in absolute discretion, modify this Privacy Policy, the Terms of Service or any other agreement referred to herein.

• Termination. We may, in our sole discretion, terminate or suspend your use or access to the Services or your Apex Account, for any reason.

• Indemnification. You agree to indemnify and hold harmless Apex, its parents, subsidiaries, officers, employees, contractors and each of their respective officers, employees and agents from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of this Privacy Policy, or any violations hereof by your employees or agents, or which arises from the use of the Services.

• Entire Agreement. This Privacy Policy, the Terms of Service and the other agreements referenced herein constitute the entire agreement between you and Apex and will govern your use of the Services and shall supersede any prior agreements between you and Apex relating thereto.

• Severability. If any provision of these Privacy Policy, the Terms of Service or other agreements referenced herein is held to be invalid by any applicable law, rule, order or regulation of any government or by the final nonappealable determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Privacy Policy or the applicable agreement.

• Waiver. The failure of Apex to exercise or enforce any right or provision of this Privacy Policy, the Terms of Service or other agreement referenced herein shall not constitute a waiver of such right or provision.

• Section Headings. The section headings set forth in this Privacy Policy are for convenience only and have no legal or contractual effect.

Apex is committed to improving the accessibility of its website to all users, including those with disabilities. Our efforts to improve access are ongoing and we welcome your help. If you are having difficulty accessing, using or navigating this site, please contact us at Please specify the URL of the page on which you experienced such difficulty, a brief description of the same, and the type of assistive technology you were utilizing at that time.

Effective Date: January 1, 2023