PLEASE READ THESE WEEDMAPS DEVELOPER TERMS OF USE (“DEVELOPER TERMS”) CAREFULLY. BY CLICKING TO AGREE TO THESE DEVELOPER TERMS OR OTHERWISE USING THE WEEDMAPS MATERIALS (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE DEVELOPER TERMS, WHICH FORM A BINDING CONTRACT BETWEEN YOU OR ANY COMPANY OR OTHER LEGAL ENTITY FOR WHICH YOU ARE ENTERING INTO THESE DEVELOPER TERMS (“DEVELOPER”, “YOU”, OR “YOUR”) AND GHOST MANAGEMENT GROUP, LLC D/B/A WEEDMAPS AND ITS AFFILIATES (“WEEDMAPS”, “WE”, “US”, OR “OUR”). IF YOU ARE ENTERING INTO THESE DEVELOPER TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR LEGAL ENTITY TO THESE DEVELOPER TERMS, AND THE TERMS “DEVELOPER”, "YOU", OR "YOUR" WILL REFER TO SUCH COMPANY OR LEGAL ENTITY. IF YOU DO NOT HAVE AUTHORITY TO ENTER INTO THESE DEVELOPER TERMS OR DO NOT AGREE WITH ANY OF THE DEVELOPER TERMS, YOU MAY NOT USE OR ACCESS THE WEEDMAPS MATERIALS.

SECTION 19 OF THESE DEVELOPER TERMS GOVERNS DISPUTES BETWEEN YOU AND WEEDMAPS (COLLECTIVELY, THE "PARTIES”) AND REQUIRES THAT DISPUTES BE SUBMITTED TO MEDIATION AND, IF NOT SUCCESSFUL, TO BINDING INDIVIDUAL ARBITRATION. SECTION 19 OF THESE DEVELOPER TERMS ALSO CONTAINS A CLASS ACTION WAIVER THAT REQUIRES YOU AND WEEDMAPS TO RESOLVE ALL DISPUTES WITH EACH OTHER THAT ARE NOT RESOLVED THROUGH MEDIATION ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

1. Introduction

Weedmaps operates an online platform at weedmaps.com and other websites, portals, applications, channels, and software (collectively, the “Site”) that: (a) connects cannabis consumers, patients, or caregivers (“Users”) with licensed operators (“Retailers”) of cannabis brick-and-mortar storefront locations or cannabis delivery services (the “Listing Services”); (b) provides a feature that permits (i) Users to place orders (“Orders”) for cannabis and/or cannabis-related products (“Products”) for delivery by Retailers (“Delivery”) or for on-premises pickup by Users (“Pickup”), (ii) Retailers to manage Orders and delivery logistics via a back-end software dashboard, and (iii) Retailers to track their delivery drivers in the course of Delivery (the “Orders Feature”); and (c) provides other services, features, media, functions, content, tools, and links (together with the Listing Services and Orders Feature, the “WM Services”).

Weedmaps also provides: (a) application programming interfaces, software, software development kits, webhooks, code, tools, and products, including without limitation through https://developer.weedmaps.com (the “Weedmaps APIs”); (b) information, policies, guidelines, documentation, additional terms, and specifications related to the Weedmaps APIs, including on https://developer.weedmaps.com or as otherwise provided by Weedmaps (the “Weedmaps Supplemental API Terms”), which are incorporated into these Developer Terms; and (c) keys, tokens, and credentials necessary to access the Weedmaps APIs (“Weedmaps API Credentials” and together with the Weedmaps APIs and Supplemental API Terms, the “Weedmaps API Services”).

These Developer Terms govern: (a) your access to and use of the Weedmaps API Services and the Weedmaps Data (as defined below) (together, the “Weedmaps Materials”) and (b) Weedmaps’ access to and use of the Developer API Services (as defined below) and the Developer Data (as defined below) (together, the “Developer Materials”).

2. Weedmaps Materials

a. License to Weedmaps API Services.

Subject to these Developer Terms and the Weedmaps Supplemental API Terms, Weedmaps grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to use and access the Weedmaps API Services during the Term (as defined below) solely as necessary to: (i) design, develop, test, operate, maintain, and support an integration (the “Integration”) of your applications, products, data, and/or services (the “Application”) with the WM Services to transmit content, data, and other information (collectively, “Data”) among you, Weedmaps, and/or Retailers that are mutual clients of you and Weedmaps (“Clients”) and (ii) access, use, reproduce, distribute, transmit, crawl, extract, pull, or push Data. If you use any Weedmaps API Services to provide POS Services to a Client, you will (1) display the most up-to-date, accurate, and correct Data on behalf of such Client; (2) at all times during the Term, maintain any and all applicable rights, consents, authorizations, and licenses to use the Weedmaps API Services on behalf of such Client, including a valid written agreement between you and such Client granting you the right to use the Weedmaps API Services on its behalf.

b. License to Weedmaps Data.

Weedmaps may make available to Developer, and/or Developer may obtain access to certain Data from Weedmaps related to or through the Weedmaps API Services (“Weedmaps Data” and together with the Weedmaps API Services, the “Weedmaps Materials”). During the Term, Weedmaps grants to Developer a limited, non-exclusive, revocable right and license to access and use the Weedmaps Data to (i) obtain access to the Weedmaps APIs in accordance with these Developer Terms; (ii) use, reproduce, modify, distribute, transmit, and display Weedmaps Data solely to (1) provide the POS Services to Clients, including as necessary to display Weedmaps Data in retail locations and fulfill and report Orders for Delivery or Pickup on behalf of any Client that designates Developer as its point-of-sale service provider and authorizes Weedmaps to share Client’s Data (“Client Data”) with Developer (the “POS Services”), or (2) to otherwise perform its obligations and exercise its rights under these Developer Terms.

c. User Data.

In connection with Orders placed with any Client through the Orders Feature, Weedmaps will collect Personal Data (as defined in the the Data Processing Addendum attached as Exhibit A hereto and incorporated herein by reference (the “DPA”)) from Users, which may include User names, dates of birth, addresses, email addresses, telephone numbers, identification cards, medical cannabis recommendations or cards, and other related information (“User Data”), and may share such Personal Data with Developer in connection with the POS Services provided by Developer to such Client. Any Personal Data shared by or on behalf of Weedmaps with Developer will be subject to, and Developer will comply with, the terms of the DPA. Developer will not provide or make available to Weedmaps any: (i) personally identifiable information or any information that could be identifiable to a specific individual, including Personal Data; (ii) data that could be in violation of any Applicable Law; or (iii) data to which the Developer does not have the necessary rights or consents to provide.

d. Weedmaps Supplemental API Terms.

You will comply with all applicable Weedmaps Supplemental API Terms. If these Developer Terms conflict with any Weedmaps Supplemental API Terms, these Developer Terms will govern.

e. Restrictions.

Except as otherwise set forth herein, you will not and will not permit anyone on your behalf to directly or indirectly: (i) use the Weedmaps Materials to compete with or replicate the Site or any WM Services; (ii) sell, rent, lease, license, syndicate, sublicense, transfer, lend, modify, reverse engineer, decompile, or otherwise alter the Weedmaps Materials; (iii) disclose, copy, scrape, translate, use, distribute, display, modify, or create derivative works from any Weedmaps Materials; (iv) share your Weedmaps API Credentials or otherwise provide access to the Weedmaps Materials to anyone outside of your organization, except for Subcontractors (as defined below) acting on your behalf who require access to the Weedmaps Materials to operate your application; (v) use the Weedmaps Materials in violation of any applicable federal, state, provincial, or local law, statute, ordinance, rule, regulation, or policy of any jurisdiction throughout the world (“Applicable Law”); (vi) use the Weedmaps Materials for any unauthorized purpose, in a manner that violates any mobile developer or app store terms, guidelines, or policies, or otherwise in a manner that exceeds reasonable request volumes, constitutes excessive or abusive usage, or otherwise fails to comply with or is inconsistent with any documentation related to the Weedmaps Materials provided by Weedmaps; (vii) imply affiliation, sponsorship, or endorsement of you or your Application by Weedmaps without prior written consent from Weedmaps or imply that Weedmaps created or owns your Application; (viii) make any statement or use the Weedmaps Materials in any advertisement or promotion, or to imply sponsorship by, endorsement from, or a false association with Weedmaps, any Weedmaps users, third party content providers, or business associates; (ix) indicate that the Weedmaps Materials are from another platform or medium other than from Weedmaps; (x) remove, obscure, or alter any legal, copyright, trademark, or other proprietary notice contained in the Weedmaps Materials, or falsify or delete any attributions, legal notices, or other labels of the origin or source of material; (xi) use or combine the Weedmaps Materials with any data, database, software, or other materials that are subject to the terms of any “copyleft” or other open source license if such combination would result in the Weedmaps Materials or any portion thereof being subject to the terms of such copyleft or open source license; (xii) transmit into any Weedmaps Materials any ‘back door,’ ‘time bomb,’ ‘Trojan Horse,’ ‘worm,’ ‘drop dead device,’ ‘virus,’ ‘spyware,’ or ‘malware,’ or any computer code or software routine, which permits unauthorized access to, disables, damages, erases, disrupts, or impairs the normal operation of, or use of any Weedmaps Materials; (xiii) use the Weedmaps Materials in conjunction with any hardware accessory, including an Application that facilitates access to a hardware accessory, unless otherwise agreed upon by Weedmaps in writing; (xiv) access, use, reproduce, distribute, transmit, crawl, extract, scrape, or pull any data from the Site; (xv) push or transmit any data to the Site; or (xvi) use the Weedmaps Materials to build, develop, train, or otherwise enhance any models, datasets, algorithms, or data products. Except as otherwise set forth herein, Developer is granted no licenses or rights in or to any Weedmaps Materials, and Weedmaps retains all right, title, and interest to the Weedmaps Materials.

f. Monitoring.

Weedmaps may monitor your use of the Weedmaps Materials and may immediately limit, suspend, or terminate your access to the Weedmaps Materials at any time if Weedmaps determines in its sole discretion that you, your Application, or the Integration is not in compliance with these Developer Terms, the applicable Weedmaps Supplemental API Terms, or is otherwise operating in a way that is detrimental or may cause harm to Weedmaps, the Weedmaps Materials, or any Weedmaps users. You will not interfere with any monitoring by Weedmaps of your use of or access to the Weedmaps Materials or otherwise attempt to circumvent any such monitoring.

g. Updates.

Weedmaps may discontinue offering all or part of the Weedmaps Materials or modify, upgrade, or update all or part of the Weedmaps Materials at any time, in its sole discretion, with or without notice (“Updates”). Any Updates will be governed by these Developer Terms and any applicable Weedmaps Supplemental API Terms provided by Weedmaps. You must implement all Updates required by Weedmaps into your Application and the Integration as soon as commercially practicable. Weedmaps is not obligated to provide any Updates or maintenance, technical, or other support for the Weedmaps Materials.

h. Access Credentials.

You are responsible for ensuring the confidentiality of your Weedmaps API Credentials and any username, account, and password necessary to access the Weedmaps Materials, and all acts or omissions that occur using your Weedmaps API Credentials, username, account, or password.

i. Subcontractors.

If you authorize or allow any subcontractor or other third party to access or use the Weedmaps Materials on your behalf or exercise your rights or perform your obligations under these Developer Terms (“Subcontractors"), you will ensure that your Subcontractors comply with these Developer Terms and agree to terms with respect to the Weedmaps Materials no less restrictive than those set forth herein. Any act or omission of your Subcontractors will be deemed to have been taken by you, and you will be solely responsible and liable to Weedmaps for any act or omission of your Subcontractors. You will supervise any Subcontractors acting on your behalf sufficiently to prevent breaches of these Developer Terms and violations of Applicable Law.

j. Feedback.

If you provide any comments, suggestions, ideas, improvements, or feedback about the Weedmaps Materials (collectively, “Feedback”), Weedmaps owns all right, title, and interest to such Feedback and may use such Feedback for any purpose, including incorporating such Feedback into the Weedmaps Materials or any other Weedmaps product or service, without restriction or obligation to you.

k. No Warranties.

THE WEEDMAPS MATERIALS ARE PROVIDED “AS IS.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, WEEDMAPS DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) WITH RESPECT TO ITS PERFORMANCE OR ANY MATERIALS OR SERVICES PROVIDED BY WEEDMAPS UNDER THESE DEVELOPER TERMS, INCLUDING THE WEEDMAPS MATERIALS. WITHOUT LIMITING THE FOREGOING, WEEDMAPS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THE WEEDMAPS MATERIALS WILL: (I) BE UNINTERRUPTED, (II) CONTINUE TO EXIST, (III) BE RELIABLE, ACCURATE, TIMELY, SECURE, OR ERROR FREE; OR (IV) MEET YOUR REQUIREMENTS. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR APPLICATION AND DATA, AND ANY DAMAGE TO YOU OR YOUR USERS, COMPUTER SYSTEMS, OR DEVICES, INCLUDING LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM ANY ASPECT OF THE WEEDMAPS MATERIALS.

3. Developer Materials

a. License to Developer API Services.

Developer may make available to Weedmaps, and/or Weedmaps may obtain access to certain Developer: (i) application programming interfaces, software, software development kits, webhooks, code, tools, functionality, features, products, and/or other services (the “Developer APIs”); (ii) information and documentation related to the Developer APIs (the “Developer API Documentation”); and (iii) keys, tokens, and credentials necessary to access the Developer APIs (“Developer API Credentials” and together with the Developer APIs and Developer API Documentation the “Developer API Services”). Developer grants Weedmaps a non-exclusive, worldwide, royalty-free, fully paid, transferable right and license to access and use the Developer API Services to: (1) design, develop, test, operate, maintain, support, modify, adapt, and distribute the Integration and (2) access, use, reproduce, distribute, transmit, crawl, extract, scrape, pull, or push Data.

b. License to Developer Data.

In connection with these Developer Terms, Developer may make available to Weedmaps, and/or Weedmaps may obtain access to certain Data from Developer related to or through the Developer API Services (“Developer Data” and together with the Developer API Services, the “Developer Materials”). Developer is solely responsible for all Developer Materials, including Developer Data. During the Term, Developer grants to Weedmaps a non-exclusive worldwide, royalty-free, fully paid, transferable right and license to access and use the Developer Data to: (i) obtain access to the Developer API; (ii) use, reproduce, modify, distribute, and transmit Developer Data for Weedmaps to perform the WM Services; and (iii) otherwise perform its obligations and exercise its rights under these Developer Terms.

c. Client Data.

Notwithstanding anything to the contrary set forth herein, if Developer transmits any Client Data to Weedmaps, Weedmaps’ rights to such Client Data will be governed by its agreement with such Client (the “WM Client Agreement”). If these Developer Terms conflict with the WM Client Agreement, the terms of the WM Client Agreement will govern with respect to the Client Data.

d. Restrictions.

Except as set forth in these Developer Terms, Weedmaps will not, and will not permit any third party to: (i) alter, modify, reproduce, or create derivative works of any Developer Materials; (ii) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Developer Materials; or (iii) alter, obscure or remove any copyright, trademark, or any other notices provided on or in connection with any Developer Materials. Except as set forth in these Developer Terms, Weedmaps is granted no licenses or rights in or to any Developer Materials, and Developer retains all right, title, and interest to the Developer Materials.

e. Data Formatting Criteria and Delivery Procedures.

Developer will provide the Developer Data in accordance with the: (i) formatting criteria specified by Weedmaps from time to time (the “Formatting Criteria”); and (ii) the method and procedures for the delivery of Developer Data specified by Weedmaps from time to time (the “Delivery Procedures”). Developer acknowledges that in the event Developer fails to comply with any applicable Formatting Criteria or the Delivery Procedures, Weedmaps may immediately terminate these Developer Terms in its sole discretion. Developer grants all necessary rights and consents for Weedmaps to obtain Developer Data through: (1) the Weedmaps APIs in accordance with these Developer Terms; or (2) the Developer APIs in accordance with these Developer Terms; (3) any data feed; (4) accessing, extracting, scraping, crawling, or pulling the data from any medium made available or accessible in the public domain; of (5) through any other method mutually agreed upon by the Parties in writing.

f. Availability.

Developer will provide and maintain the Developer Materials in accordance with highest industry standards, including any and all applicable information security and data privacy standards.

g. Support.

Weedmaps is not obligated to use any Developer Materials and any such use will be in Weedmaps’ sole discretion. Developer will make the Developer Materials available to Weedmaps at all times during the Term (as defined below) without interruption. Developer will provide support reasonably requested by Weedmaps to ensure the Developer APIs are operating as needed by Weedmaps.

h. No Other Terms.

Except for these Developer Terms, no terms and conditions related to the Developer Materials, including but not limited to any provided or made available by Developer or which Weedmaps is otherwise required to accept to access the Developer Materials, will apply to Weedmaps. This Developer Terms supersedes and controls in all respects with respect to the Developer Materials and any additional terms and conditions that may be associated with any Developer Materials.

4. Developer Application

You will provide and adhere to a published privacy policy for your Application that clearly and accurately describes to users of your Application what user information you and your Application accesses, collects, and stores, and how and why you and your Application uses, processes, and shares any such information with Weedmaps and other third parties. If you or your Application provide Weedmaps or the Weedmaps API Services with any Data that is subject to your privacy policy, your privacy policy will incorporate by reference and link to the Weedmaps Privacy Policy. You agree that the DPA will govern any Weedmaps Personal Data (as defined in the DPA) that you receive, process, or otherwise have access to under these Developer Terms.

You will implement and maintain technical, physical, and administrative safeguards in accordance with these Developer Terms and current industry standards to protect your credentials, username, account, and password necessary to access the Weedmaps Materials, all Weedmaps Data, and any user information collected by your Applications, including Weedmaps Personal Data, from unauthorized access or use.

If the Weedmaps API Services allow you to submit, or create functionality that enables others to submit, text, graphics (including trademarks, service marks, logos, and/or trade names), photos, video, audio, music, or other content (“Content”) to the Site, you grant Weedmaps a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, transmit, synchronize, display, create derivative works from, and publicly perform the Content. Before you submit the Content to the Weedmaps API Services, you must ensure that you have the necessary rights (including the necessary rights from your users or other third-party licensors) to grant Weedmaps this license.

From time to time, Weedmaps may require you to submit your Application for review and approval by Weedmaps prior to distribution thereof to your users. You will cooperate with Weedmaps in this submission process, including by promptly: (a) answering any questions which Weedmaps may have regarding your Application, and (b) providing any information and materials reasonably requested by Weedmaps regarding your Application, including information or materials regarding the operation of your business and your obligations under these Developer Terms. If you make any changes to your Application after submission to Weedmaps, you must resubmit the Application to Weedmaps for review and approval.

Weedmaps may independently create applications, content, and other products and services that may be similar to or competitive with your Application, and nothing in these Developer Terms will be construed to restrict or prevent Weedmaps from creating and fully exploiting such applications, content, or other products.

5. Term; Termination

The term of this Agreement will begin on the date you click to agree to these Developer Terms and will continue until terminated by either Party in accordance with this Section (the “Term”). Either Party may terminate these Developer Terms upon written notice to the other Party. Upon termination of these Developer Terms by you or Weedmaps, you will immediately stop accessing and using and delete and destroy all Weedmaps Materials in your possession or reasonable control in accordance with the DPA. Upon Weedmaps’s request, you will certify your deletion and destruction of all Weedmaps Materials in writing. Sections 4(b), 7, 8, 9, 12, 13, 14, and the DPA, and any other provision of these Developer Terms that contemplates a continuing obligation will survive any expiration or termination of these Developer Terms. Weedmaps’ license to the Developer Materials will survive any termination or expiration of these Developer Terms.

6. Representations, Warranties, and Covenants

Developer represents, warrants, and covenants that (a) it has the authority, power, and right to enter into and agree to these Developer Terms and perform its obligations hereunder; (b) the Developer Terms constitute a valid and binding obligation enforceable against Developer in accordance with its terms, and the performance by Developer of its obligations under the Developer Terms will not violate any other agreement to which Developer is a party; (c) it will not enter into any agreement with any third party that conflicts with these Developer Terms, and is not subject to any such agreement; (d) if Developer is a legal entity, such legal entity is duly organized, validly existing, and in good standing under the Applicable Laws of the jurisdiction in which it was organized; (e) it is the sole owner of the Developer Materials or otherwise has the full right, power, and authority to grant the rights and licenses to Weedmaps in these Developer Terms; (f) Developer has secured and will at all times, maintain any and all applicable consents, authorizations, licenses, including a valid written agreement between any third party and Developer to which such third party grants to Developer the right to provide Weedmaps with access to and use of the Developer Materials as contemplated under these Developer Terms; (g) the Developer Materials do not infringe upon, misappropriate, or otherwise violate any third party right, including any intellectual property rights; (h) the Developer Materials are and will remain at all times during the Term current, accurate, correct, and complete; (i) all information provided by Developer to Weedmaps is and will remain at all times during the Term true, accurate, complete and up to date, provided that if any such information becomes, or if Developer later learns that any such information is or was false, misleading, incomplete, or outdated, Developer will immediately take all actions necessary to correct such information; (j) Developer has and will implement and maintain administrative, technical, and physical safeguards to protect the security and confidentiality of the Site, WM Services, WM Materials, and Application; (k) Developer is not in violation of any Applicable Law and will comply with Applicable Laws at all times during the Term; and (l) Developer shall not use the Weedmaps Materials to develop, build, train, or otherwise enhance any models, algorithms, datasets, or data products. Developer shall promptly notify Weedmaps of any breach of these Developer Terms, including but not limited to any representation, warranty, or covenant set forth herein or if it reasonably believes such a breach has occurred. The Parties acknowledge that a breach of any of the foregoing representations, warranties, or covenants in this section is a material breach of these Developer Terms and could cause irreparable harm to Weedmaps.

7. Confidentiality

In connection with these Developer Terms, Developer may access confidential information of Weedmaps, including the Weedmaps Materials and any other materials, documentation, communication, or information concerning Weedmaps identified or marked as confidential or proprietary, or which should reasonably be understood to be confidential due to the circumstances of the disclosure of or the nature of such materials, documentation, communication, or information ("Weedmaps Confidential Information"). You may not disclose Weedmaps Confidential Information to any third party without Weedmaps’s prior written consent. Weedmaps Confidential Information does not include any information that: (a) Developer learns from a third party without breach of any obligation to Weedmaps; (b) becomes public through no fault of Developer; or (c) was independently developed by Developer without reference or as a result of access to the Weedmaps Confidential Information. You may disclose Weedmaps Confidential Information when compelled to do so by law if you provide Weedmaps with reasonable prior written notice thereof and reasonably cooperate with Weedmaps to obtain a protective order and/or limit disclosure of the Weedmaps Confidential Information.

At the expiration or termination of these Developer Terms, you will delete all Weedmaps Confidential Information in accordance with the DPA.

8. Publicity

You grant Weedmaps a worldwide, non-exclusive, royalty-free, transferable and sub-licensable right and license to use and display your trademarks, service marks, logos, and/or trade names during the Term to promote or advertise the Integration. You may not make any public statement regarding your access to, or use of, the Weedmaps Materials without Weedmaps’ prior written approval in its sole discretion. You may not use the trademarks, service marks, logos, and/or trade names or any other Intellectual Property rights of Weedmaps, including in any public releases, promotion, advertising, or otherwise without Weedmaps’ prior written approval in its sole discretion, except that you will display any attributions required by and in accordance with the Weedmaps Supplemental API Terms or as otherwise requested by Weedmaps in writing.

9. Indemnification

You will indemnify, defend, and hold harmless Weedmaps, its directors, officers, employees, agents, representatives, and users against all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including attorneys’ fees and court costs) arising out of or otherwise related to any actual or alleged: (a) any actual or alleged breach of these Developer Terms by you or any Subcontractors; (b) any actual or alleged infringement, violation, or misappropriation of any third party right, including any Intellectual Property Right (as defined below) by you or any Subcontractors; (c) any actual or alleged violations of Applicable Law by you or any Subcontractors; (d) any actual or alleged negligence or willful misconduct by you or any Subcontractors; and (e) the Developer Materials and Application.

10. Limitation of Liability

You agree that Weedmaps is not responsible for the actions, services, content, or data of third parties, and you hereby release Weedmaps, its directors, officers, employees and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEEDMAPS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR (I) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, DATA, REVENUE, OR BUSINESS), EVEN IF WEEDMAPS WAS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING; (II) TORT DAMAGES UNLESS RESULTING FROM OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE; OR (III) EQUITABLE REMEDIES OR INJUNCTIVE RELIEF UNLESS CONTRARY TO PUBLIC POLICY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE AMOUNT OF WEEDMAPS’ LIABILITY TO YOU FOR ANY CLAIM UNDER THESE DEVELOPER TERMS WILL BE LIMITED TO US $1,000.00 (ONE THOUSAND US DOLLARS).

11. Notices

Weedmaps may give notices to you by email. You must ensure that your contact and account information is current and correct and promptly notify Weedmaps in writing of any changes to such information. All notices to Weedmaps must be sent to: Weedmaps, 41 Discovery, Irvine, CA 92618, Attn: General Counsel with a copy, which shall not constitute notice, to: legal@weedmaps.com.

12. Dispute Resolution and Arbitration Agreement

THIS SECTION GOVERNS HOW DISPUTES BETWEEN YOU AND WEEDMAPS ARE RESOLVED, AND REQUIRES THAT DISPUTES BE SUBMITTED TO MEDIATION FOLLOWED BY BINDING INDIVIDUAL ARBITRATION. PLEASE REVIEW THIS SECTION CAREFULLY AS IT LIMITS CERTAIN RIGHTS INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS OR OTHER COLLECTIVE ACTIONS.

a. Overview of Dispute Resolution Process.

Weedmaps is committed to participating in a mutually beneficial dispute resolution process. In the unlikely event of a dispute, these Developer Terms are designed to provide for expedited and efficient resolution through mediation and if necessary followed by binding arbitration, both administered by the American Arbitration Association (“AAA”).

b. Agreement to Arbitrate.

You and Weedmaps mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to these Terms, including the applicability, breach, termination, validity, enforcement, or interpretation thereof, or the use of the Weedmaps Materials or the Developer Materials (collectively, “Disputes”) will be subject to preliminary mediation and if that is not successful, settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree that the arbitrator will decide the issue.

c. Exceptions to Arbitration Agreement.

The Parties mutually agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a Party’s copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (“Intellectual Property Rights”); and (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims subject to these exceptions will not be deemed a waiver of either Party’s right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.

d. Arbitration and Mediation Rules.

The Arbitration Agreement will be governed by the Federal Arbitration Act. Arbitration and mediation proceedings will be administered by the AAA in accordance with the AAA Commercial Arbitration Rules and Mediation Procedures and/or other AAA rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

e. Jury Trial Waiver.

THE PARTIES ACKNOWLEDGE AND AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AS TO ALL ARBITRABLE DISPUTES.

f. Seat of Arbitration; Language.

The seat or place of any arbitration and mediation proceedings will be in Orange County, California. Arbitration and mediation proceedings will be conducted and any award will be rendered in the English language.

g. No Class Actions, Representative Proceedings, or Mass Arbitrations.

THE PARTIES ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. THE PARTIES FURTHER ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO PARTICIPATE IN ANY MASS.

h. Arbitrations.

Unless the Parties otherwise agree in writing, the arbitrator/mediator may not consolidate or join the claims of other persons or parties, or otherwise preside over any form of class, collective, or representative proceeding. If this “class action lawsuit” waiver, the “class-wide arbitration” waiver, or the “mass arbitration” waiver is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “collective action” or “private attorney general action” waiver in this paragraph is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and the Parties agree that any collective claims and private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration. As a condition precedent to the filing of an arbitration claim, the Parties agree to first mediate any claims between them with AAA. Any Party refusing to mediate will not prevent the other Party from pursuing their claims in arbitration. The Parties will share the cost of mediation equally. Nothing herein will be construed to prevent any Party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy will not waive the moving Party’s right to compel arbitration of any dispute. The Parties also agree to meet and negotiate in good faith in order to resolve any disputes which may arise between them.

i. Survival Past Termination.

Unless superseded by a later arbitration agreement between the Parties, this Arbitration Agreement will survive the termination of these Terms.

13. Other

a. Entire Agreement.

These Developer Terms, and any other applicable Weedmaps Supplemental API Terms, set forth the entire understanding and agreement of the Parties regarding Developer’s access to and use of the Weedmaps Materials, and Weedmaps’ access to and use of the Developer Materials and supersede any other agreements with respect thereto. You acknowledge and agree that no statements or promises from Weedmaps or any other party, other than as contained in these Developer Terms and any applicable Weedmaps Supplemental API Terms, have been relied upon by you with respect to your agreement to be bound by these Developer Terms.

b. Severability.

If any portion of the applicable WM Collective Terms of Service is found to be unenforceable, then the unenforceable part will be given effect to the greatest extent possible (except as otherwise expressly provided in such term) and to the extent not possible, that portion will be severed and the remaining portion will remain in full force and effect.

c. Amendments.

Weedmaps may update these Developer Terms and the Weedmaps Supplemental API Terms at any time, and your continued use of the Weedmaps Materials, or continued provision of the Developer APIs, constitutes acceptance of such updates.

d. Waiver.

Any waiver of these Developer Terms must be made in writing and signed by Weedmaps. If Weedmaps fails to enforce any of these Developer Terms, it will not be considered a waiver. Any delay or omission on the part of Weedmaps in the exercise of its strict rights hereunder will not impair those rights nor will it constitute a renunciation or waiver of those rights. All rights, remedies, undertakings, obligations and agreements contained herein shall be cumulative, and none of them shall be a limitation of any other right, remedy, undertaking, obligation, or agreement of Weedmaps.

e. Assignment.

You are prohibited from transferring or assigning any of your rights or obligations under these Developer Terms without Weedmaps’ prior written consent (whether by operation of law or otherwise, and whether whole or in part), and any purported transfer or assignment in violation of this restriction shall be void ab initio. If you undergo any change in ownership (whether by sale or transfer of assets or equity, by merger, or otherwise), you must notify Weedmaps within 15 days and apply for assignment of your use of the Weedmaps Materials to the new owner. All of Weedmaps’ rights and obligations under these Developer Terms are freely assignable by Weedmaps to any third party. These Developer Terms will be binding upon and inure to the benefit of each Party’s permitted successors and assigns.

f. No Third Party Beneficiaries.

These Developer Terms do not confer any third-party beneficiary rights.

g. Compliance with Law Exception.

Nothing in these Developer Terms will prevent Weedmaps from complying with Applicable Law.

h. Reservation of Rights.

Weedmaps reserves all rights not expressly granted to you.

i. Governing Law.

These Developer Terms and any matters arising out of or related to these Developer Terms will be governed by California law without regard to its conflicts of law principles.

j. No Agency.

Nothing in these Developer Terms will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between Developer and Weedmaps.

k. Interpretation.

Unless the express context otherwise requires: (i) the words “hereof,” herein,” and “hereunder” and words of similar import, when used in these Developer Terms, will refer to these Developer Terms as a whole and not to any particular provision of these Developer Terms; (ii) terms defined in the singular will have a comparable meaning when used in the plural and vice versa; (iii) the terms “Dollars” and “$” mean United States Dollars; (iv) wherever the word “include,” “includes,” or “including” is used in these Developer Terms, it will be deemed to be followed by the words “without limitation”; and (v) references herein to any gender shall include each other gender.

ADDENDUM 1

DATA PROCESSING ADDENDUM

This DPA is governed by and hereby incorporated into, and forms part of the Developer Terms. Capitalized terms used but not defined in this DPA will have the meanings set forth in the Developer Terms. In the event of a conflict between this DPA, and the Developer Term, the terms of this DPA will govern with respect to the subject matter hereof.

1. General Data Protection Requirements.

1.1. Privacy and Security of Weedmaps Data. If you receive, Process (as defined below), or have any access to Weedmaps Personal Data (as defined below), you will, at all times, comply with your obligations under Applicable Law relating to the Processing of any Weedmaps Personal Data, and will implement and maintain all appropriate technical, administrative, physical, and organizational measures, including the requirements and obligations set forth in Exhibit A - Data Security Requirements below, sufficient to (a) ensure a level of confidentiality and security appropriate to the risks represented by the Processing and the nature of Weedmaps Data; and (b) prevent unauthorized or unlawful Processing of Weedmaps Data, and accidental loss, disclosure or destruction of, or damage to, Weedmaps Data.

1.2. Processing of Weedmaps Personal Data. You will only collect, use, retain, or disclose Weedmaps Personal Data in accordance with the Developer Terms and Business Purposes (as defined below) for which Weedmaps Personal Data is provided, and will limit Weedmaps Personal Data collection, use, retention, and disclosure to activities reasonably necessary and proportionate to achieve the Business Purposes or another compatible operational purpose. You will not collect, use, retain, disclose, sell, or otherwise make Weedmaps Personal Data available for a commercial purpose other than the Business Purpose or in a way that does not comply with Applicable Law.

1.2.1. California Law Certification. You represent and warrant that you understand the Developer Terms and the restrictions and prohibitions set forth in the CCPA on selling or sharing Personal Data and retaining, using, or disclosing Weedmaps Personal Data outside of your and Weedmaps’ direct business relationship and as specifically permitted by the Developer Terms, and that you will comply with such restrictions and prohibitions. You also warrant that you have no reason to believe any CCPA requirements or restrictions prevent you from performing under the Developer Terms. You must promptly notify Weedmaps of any changes to the CCPA requirements that may adversely affect your performance under the Developer Terms.

1.2.2. Subprocessing. You may use Subprocessors to perform the POS Services as contemplated in the Developer Terms only if: (a) each such Subprocessor qualifies as a Service Provider under CCPA; (b) each such Subprocessor agrees to comply with the terms set forth herein as applicable to you to the extent Subprocessor Processes Weedmaps Personal Data; and (c) you do not make any disclosures to the Subprocessor that Applicable Law would treat as a sale or disclosure.

1.3. Commingling or Aggregation of Weedmaps Personal Data. Where reasonably feasible, you agree not to commingle or aggregate Weedmaps Personal Data with other data that is not Weedmaps Data without Weedmaps’ prior written consent. In the event that it is not reasonably feasible to segregate Weedmaps Personal Data from other data or information that is not Weedmaps Personal Data, you acknowledge that the obligations with respect to Weedmaps Personal Data under the Developer Terms will still apply even though such data will be commingled with other data or information.

1.4. Compliance with Law. You agree to comply with your obligations under Applicable Law with respect to any Weedmaps Personal Data you Process under or in relation to the Developer Terms. Without prejudice to the foregoing, you will not Process Weedmaps Personal Data in a manner that will, or is likely to, result in Weedmaps breaching its obligations under Applicable Law.

1.5. Hashed or Encrypted Weedmaps Personal Data. If you Process or otherwise have access to Weedmaps Data in hashed, encrypted or otherwise obfuscated format, you will: (a) not attempt to reverse engineer or otherwise try to re-identify the hashed or obfuscated Weedmaps Data unless Weedmaps instructs you to do so; and (b) only share such Weedmaps Data with your Subprocessors in the format you received it from Weedmaps.

1.6. Equitable Relief. The right to seek and obtain emergency injunctive relief under the Developer Terms includes injunctive relief for any threatened or continued breach of the obligations under this DPA related to Weedmaps Personal Data.

1.7. Disposal. At the expiration or termination of the Developer Terms, you will delete all Weedmaps Confidential Information upon Weedmaps’ request, including by (a) returning all or subsets of such Confidential Information (and any Weedmaps Personal Data, subject to the exceptions set forth below) in your possession or reasonable control to Weedmaps, and (b) permanently deleting all copies of such Confidential Information (and any Weedmaps Personal Data, subject to the exceptions set forth below) in your possession or reasonable control; provided, that you will not be required to delete and may retain any such Confidential Information or Weedmaps Personal Data that you or the Client must retain in order to comply with a legal obligation for so long as such legal obligation applies, and to maintain records in the event of consumer disputes or complaints, or as evidence of compliance with age verification requirements) for a commercially reasonable period. To the extent deletion of such Confidential Information and Weedmaps Personal Data is required and not subject to an exception set forth above, it must be done in a manner that makes it non-readable and non-retrievable (i.e., pursuant to NIST 800-88, DoD 5220-22-M).

1.8. Data Inquiry Handling. You will, unless prohibited by Applicable Law, inform Weedmaps promptly, and in any event within two (2) business days, of any Data Inquiry and will not respond to such communication unless required by Applicable Law or expressly authorized by Weedmaps in writing. If Weedmaps is unable to or does not receive a protective order or other remedy for such Data Inquiry, you may disclose only that portion of Weedmaps Data that you are legally required to disclose and will use reasonable efforts to ensure the disclosed data is handled in accordance with the Developer Terms and this DPA and accorded confidential treatment.

1.9. Data Inquiry Cooperation. You will, at no additional cost to Weedmaps, provide reasonable cooperation and assistance to Weedmaps as Weedmaps may reasonably require to allow Weedmaps to respond to, object to, or challenge any Data Inquiry and to comply with its obligations under Applicable Law, including in relation to data security, Data Breach notifications, data protection impact assessments, prior consultation with supervisory authorities, the fulfillment of consumer rights, and any inquiry, notice or investigation by a supervisory authority. Without limitation of the foregoing, you will maintain records necessary to comply with Data Inquiries from Consumers and delete data to the extent such deletion is required under Applicable Law and not otherwise subject to an exception to such deletion requirement (e.g., you must retain such data to comply with a legal obligation, to maintain records in the event of Consumer disputes or complaints, or as evidence of compliance with age verification requirements).

1.10. Personal Data Breach.

1.10.1. Notification. In accordance with Applicable Law, you will notify Weedmaps without undue delay and, where feasible, no more than twenty-four (24) hours after becoming aware of a Data Breach. You will also provide Weedmaps with a description of the Data Breach, the type of data that was the subject of the Data Breach, and (to the extent known to you) the categories of Consumers affected, as soon as such information can be collected or otherwise becomes available, and you will cooperate with any reasonable request made by Weedmaps relating to the Data Breach.

1.10.2. Investigation. You agree to immediately take action to investigate the Data Breach, to identify, prevent, and mitigate the effects of any such Data Breach, and with Weedmaps’ prior agreement, to carry out any recovery or other action necessary to remedy the Data Breach. You shall cooperate in good faith with Weedmaps in Weedmaps’ handling of any Data Breach, including without limitation any investigation, reporting, the timing and manner of any notifications to any individuals, regulators or other third parties, and other obligations required by Applicable Law, or as otherwise required by Weedmaps to respond to and mitigate any damages caused by the Data Breach. You agree to defend, indemnify, and hold Weedmaps, its directors, officers, employees, agents, representatives, and users harmless against all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including attorneys’ fees and court costs) arising out of or otherwise related to a Data Breach including, without limitation, the cost of reconstructing data and data forensics (including any security audits or reviews of your systems reasonably requested by Weedmaps), and the cost of notifications and providing credit monitoring and identity theft protection and restoration services to affected parties.

1.10.2. Communication. You may not issue, publish, or make available to any third party any press release or other communication concerning a Data Breach without Weedmaps’ prior approval.

2. Definitions

2.1. “Aggregate Consumer Information” means information that relates to a group or category of Consumers, from which individual Consumer identities have been removed, that is not linked or reasonably linkable to any Consumer or household, including via a device. “Aggregate consumer information” does not mean one or more individual Consumer records that have been deidentified.

2.2. “Business Purpose” means the data processing purposes, services and scope described in SCHEDULE I, Description of Personal Data Processing, which is attached hereto by this reference.

2.3. “CCPA” means the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq., as amended by the California Privacy Rights Act of 2020, and its implementing regulations.

2.4. “Consumer” means either “consumer” as defined in the CCPA or a data subject as defined by Applicable Law.

2.5. “Data Breach” means the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Weedmaps Data on systems used, managed or controlled by you or your Subcontractors (including Subprocessors).

2.6. “Data Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.

2.7. “Data Inquiry” means any inquiry, legal process, or complaint received from a Consumer, or supervisory, judicial, legal, or government authority relating to Weedmaps Data.

2.8. “Deidentified Data” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular Consumer, provided that a business that uses deidentified information: (a) has implemented technical safeguards that prohibit reidentification of the Consumer to whom the information may pertain, (b) has implemented business processes that specifically prohibit reidentification of the information, (c) has implemented business processes to prevent inadvertent release of deidentified information, and (d) makes no attempt to reidentify the information.

2.9. “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

2.10. “Service Provider” means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Data Controller.

2.11. “Process” means any operation or set of operations performed upon Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, safeguarding, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, accessing, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

2.12. “Subprocessors” means third parties authorized under the Developer Terms to access and Process Weedmaps Personal Data.

2.13. “Weedmaps Data” means data and information (a) that is disclosed to you or to which you have access in connection with the Developer Terms, including the WM Orders Feature; and (b) that is Processed, prepared, accessed, used, aggregated, or generated in connection with the WM Orders Feature, including Weedmaps Personal Data, regardless of whether any such data or information is commingled or aggregated with other data or information.

2.14. “Weedmaps Personal Data” means any and all Personal Data controlled by Weedmaps or an Affiliate of Weedmaps processed by you during the Term.

EXHIBIT A

DATA SECURITY REQUIREMENTS

Minimum Security Requirements. You are responsible for and will ensure compliance with the following:

1.1. Implementation of and compliance with a written information security program consistent with established industry standards including administrative, technical, and physical safeguards appropriate to the nature of the Weedmaps Personal Data that are designed to protect such information from: (a) unauthorized access, destruction, use, modification, or disclosure; (b) unauthorized access to or use that could result in substantial harm or inconvenience to Weedmaps, Weedmaps’ customers, or Weedmaps’ employees; and (c) and any anticipated threats or hazards to the security or integrity of such information.

1.2. Adopting and implementing reasonable policies and standards related to security and privacy.

1.3. Assigning responsibility for information security management.

1.4. Devoting adequate personnel resources to information security.

1.5. Carrying out verification checks on permanent staff who will have access to the Weedmaps Personal Data (other than Deidentified Data or Aggregate Consumer Information).

1.6. Conducting appropriate background checks and requiring employees, vendors, and others with access to the Weedmaps Personal Data to enter into written confidentiality agreements.

1.7. Conducting training to make employees and others with access to the Weedmaps Personal Data aware of information security risks and to enhance compliance with your policies and standards related to data protection.

1.8. Preventing unauthorized access to the Weedmaps Personal Data (other than Deidentified Data or Aggregate Consumer Information) through the use, as appropriate, of physical and logical (passwords) entry controls, secure areas for data processing, procedures for monitoring the use of data processing facilities, built-in system audit trails, use of secure passwords, network intrusion detection technology, encryption and authentication technology, secure log-on procedures, and virus protection, monitoring compliance with your policies and standards related to data protection on an ongoing basis. In particular, you have implemented and comply with, as appropriate and without limitation:

1.8.1. Physical access control measures to prevent unauthorized access to data processing systems (e.g., access ID cards, card readers, desk officers, alarm systems, motion detectors, burglar alarms, video surveillance, and exterior security);

1.8.2. Denial-of-use control measures to prevent unauthorized use of data protection systems (e.g., automatically enforced password complexity and change requirements and firewalls);

1.8.3. Requirements-driven authorization scheme and access rights, and monitoring and logging of system access to ensure that persons entitled to use a data processing system have access only to the data to which they have a right of access, and that the Weedmaps Personal Data (other than Deidentified Data or Aggregate Consumer Information) cannot be read, copied, modified, or removed without authorization;

1.8.4. Data transmission control measures to ensure that the Weedmaps Personal Data (other than Deidentified Data or Aggregate Consumer Information) cannot be read, copied, modified, or removed without authorization during electronic transmission, transport, or storage on data media, and transfer and receipt of records. In particular, your information security program will be designed:

1.8.4.1. To encrypt in storage any data sets in your possession, including sensitive personal data; and

1.8.4.2. To ensure that any sensitive personal data transmitted electronically (other than by facsimile) to a person outside your information technology system or transmitted over a public network is encrypted to protect the security of the transmission.

1.8.5. Data entry control measures to ensure you can check and establish whether and by whom the Weedmaps Personal Data (other than Deidentified Data or Aggregate Consumer Information) has been input into data processing systems, modified, or removed; and

1.8.6. Subprocessor supervision measures to ensure that, if you are permitted to use Subprocessors, the Weedmaps Personal Data is Processed strictly in accordance with Weedmaps’ instructions including, as appropriate:

1.8.6.1. Measures to ensure that the Weedmaps Personal Data is protected from accidental destruction or loss including, as appropriate, data backup, retention and secure destruction policies; secure offsite storage of data sufficient for disaster recovery; uninterrupted power supply, and disaster recovery programs;

1.8.6.2. Measures to ensure that data collected for different purposes can be Processed separately including, as appropriate, physical or adequate logical separation of Weedmaps Personal Data; and

1.8.6.3. Measures to maintain an up-to-date list of: (a) all Subprocessors involved in Processing Weedmaps Personal Data; (b) the purposes for which the Subprocessors Process Weedmaps Personal Data; and (c) the location of each Subprocessor.

1.9. At least once per month, performing internal system, endpoint systems, and application vulnerability assessments and external web (and other, if applicable) application and infrastructure vulnerability assessments on all facilities, information systems (including mobile computing devices, servers, networking equipment, storage media, and host software systems) storing, Processing or transmitting Customer Data used to provide services under the Developer Terms and remediate any identified vulnerabilities promptly.

1.10. Taking such other steps as may be appropriate under the circumstances.

SCHEDULE I

DESCRIPTION OF PERSONAL DATA PROCESSING

The data processing activities carried out by you under the Developer Terms may be described as follows:

Subject Matter. You provide POS Services to Clients who receive Orders via the Orders Feature and will process Weedmaps Personal Data in connection with such POS Services.
Duration. The Processing of Weedmaps Personal Data is authorized during the Term of the Developer Terms and for such further period during which Clients are required to retain such Weedmaps Personal Data in order to comply with Applicable Law or is otherwise permitted to retain such Weedmaps Personal Data under Applicable Law.
Nature and Purpose. You will receive Weedmaps Personal Data related to Orders placed via the Orders Feature for fulfillment by Clients and will use such Weedmaps Personal Data (other than Deidentified Data and Aggregate Consumer Information) solely to provide Weedmaps with tax calculations and status updates for the benefit of Users, to facilitate logistics for Pickup or Delivery Orders, as applicable, and to report such Orders as required under Applicable Law.
Data Categories. First name, last name, date of birth, address (for Delivery Orders), email address, telephone number, copy of driver’s license or other identification card, medical cannabis recommendation or card (for medical cannabis Orders), any Personal Data contained in User notes to the Client Retailers, and other order-related information.
Data Subjects. Users.
Location of Data. United States or Canada, or another location mutually agreed upon by the Parties in a signed amendment to this Schedule 1.

Weedmaps Developer Terms of Use