PRIVACY POLICY

Effective Date: August 4, 2026

Ember Gardens Holdings LLC, doing business as Ember Gardens (“Ember Gardens,” “we,” “us,” or “our”), operates licensed adult-use cannabis retail establishments in Massachusetts and the website located at www.embergardens.com (the “Site”). This Privacy Policy explains what information we collect, how we use and share it, and the choices you have.

By using the Site, placing an online order, or signing up for our email or text communications, you agree to this Privacy Policy. If you do not agree, please do not use the Site.

1. YOU MUST BE 21 OR OLDER

The Site and our products are intended only for adults 21 years of age or older. We do not knowingly collect personal information from anyone under 21. If we learn that we have collected information from a person under 21, we will delete it. By using the Site, you represent that you are at least 21 years old.

2. INFORMATION WE COLLECT

Information you provide to us:

– Online orders. When you place a pickup order through our online menu (powered by Dutchie), you provide information such as your name, date of birth, email address, phone number, and the items you order.
– Email and text sign-ups. When you join our email list or text club, you provide your email address and/or mobile phone number, and confirm that you are 21 or older.
– Loyalty program. If you choose to enroll in our rewards program, you provide contact information and we keep a record of your purchases with us in order to award and redeem points.
– Contact and inquiries. If you contact us by email, phone, or a form on the Site, we collect the information you choose to share.

Information collected automatically:

– When you visit the Site, we and our service providers may automatically collect standard technical information such as your IP address, browser and device type, pages viewed, and the date and time of your visit, using cookies and similar technologies. See Section 7 (Cookies and Analytics).

In-store identification:

– Massachusetts law requires us to verify that every customer is 21 or older with a valid government-issued ID before any sale. We check your ID for verification purposes. We do not record or retain your personal information from your ID in connection with an adult-use purchase except as you have chosen to provide it (for example, through online ordering or loyalty enrollment) or as required by law.

3. HOW WE USE YOUR INFORMATION

We use the information described above to:

– Process, prepare, and confirm your online orders for in-store pickup;
– Operate the loyalty program you enrolled in, including awarding and redeeming rewards;
– Send you marketing emails and/or text messages you have opted in to receive, such as menu updates, promotions, and store news;
– Respond to your questions and requests;
– Operate, maintain, secure, and improve the Site;
– Comply with the laws and regulations that apply to a licensed Massachusetts cannabis retailer, including regulations of the Cannabis Control Commission; and
– Detect, prevent, and address fraud, security issues, and misuse of the Site.

4. HOW WE SHARE YOUR INFORMATION

We do not sell your personal information, and we do not share it with third parties for their own advertising purposes. We share personal information only in these circumstances:

– Service providers. We use trusted third-party vendors to operate our business, including Dutchie (our point-of-sale and online ordering platform), our marketing/communications platform, and our payment processing provider. These vendors receive only the information needed to perform their services for us.
– Legal and regulatory compliance. We may disclose information when required by law, regulation, subpoena, or court order, or as required by the Massachusetts Cannabis Control Commission or other government authorities with jurisdiction over our license.
– Protection and safety. We may disclose information where reasonably necessary to protect the rights, property, or safety of Ember Gardens, our customers, our staff, or others.
– Business transfers. If Ember Gardens is involved in a merger, acquisition, financing, or sale of assets, personal information may be transferred as part of that transaction, subject to this Privacy Policy.

5. EMAIL AND TEXT (SMS) MARKETING

We send marketing emails and text messages only to people who have opted in and confirmed they are 21 or older.

– Email. Every marketing email we send includes an unsubscribe link. You can opt out at any time.
– Text messages. Message frequency varies. Message and data rates may apply. Reply STOP at any time to cancel, or HELP for help. Consent to receive texts is not a condition of any purchase.

Opting out of marketing does not affect messages we need to send you about an order you placed (for example, an order confirmation or pickup notification).

6. THIRD-PARTY SERVICES

Our online menu and ordering experience is provided by Dutchie, and portions of the ordering process occur on pages operated by Dutchie. Information you submit through those pages is also subject to Dutchie’s own privacy policy. The Site may contain links to other third-party websites; we are not responsible for their privacy practices.

7. COOKIES AND ANALYTICS

We and our service providers may use cookies, pixels, and similar technologies to keep the Site working properly, remember your preferences (such as confirming you are 21 or older), and understand how visitors use the Site so we can improve it. Most browsers let you refuse or delete cookies through your browser settings. If you disable cookies, some features of the Site may not work correctly.

8. DATA SECURITY

We maintain administrative, technical, and physical safeguards designed to protect personal information, consistent with the Massachusetts data security regulations (201 CMR 17.00). No method of transmission or storage is completely secure, however, and we cannot guarantee absolute security. In the event of a data breach affecting Massachusetts residents, we will provide notice as required by Massachusetts law (M.G.L. c. 93H).

9. DATA RETENTION

We keep personal information only as long as reasonably needed for the purposes described in this Policy, to comply with our legal and regulatory record-keeping obligations as a licensed cannabis retailer, and to resolve disputes. When information is no longer needed, we delete it or de-identify it.

10. YOUR CHOICES AND RIGHTS

You may at any time:

– Unsubscribe from marketing emails (via the link in any email) or text messages (reply STOP);
– Ask us to access, correct, or delete the personal information we hold about you;
– Ask us what categories of personal information we have collected about you and how we use and share them; and
– Cancel your loyalty program enrollment.

To make any of these requests, contact us at info@embergardens.com. We will verify your identity before acting on a request and will respond within a reasonable time. We will not discriminate against you for exercising any of these choices. Please note that we may need to retain certain information where required by law or regulation.

11. CHILDREN AND PERSONS UNDER 21

The Site is not directed to anyone under 21, and we do not knowingly collect information from anyone under 21 (see Section 1).

12. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time. When we do, we will post the revised version on this page and update the Effective Date above. Material changes may also be announced by email or a notice on the Site. Your continued use of the Site after changes take effect means you accept the updated Policy.

13. CONTACT US

Ember Gardens Holdings LLC (d/b/a Ember Gardens)
Email: info@embergardens.com

Legal notices may be directed to our registered agent:
Drummond Woodsum, 84 Marginal Way, Suite 600, Portland, ME 04101