August 16, 2024
These terms of service (these “Terms of Service”) govern your access to and use of the website: www.binske.com (together with all such versions of this website optimized for mobile or other use, the “Site”), and your use of the Content (as defined herein) and Services (as defined in the Privacy Policy) contained on or linked to the Site are subject to these Terms of Service. The Site is owned by Praetorian Global, Inc., a Delaware corporation (“Praetorian,” “we,” “us” or “our”). We reserve the right to update these Terms of Service from time to time with or without notice to you.
BEFORE ACCESSING OR USING THIS SITE, THE CONTENT OR OUR SERVICES, YOU SHOULD CAREFULLY REVIEW THESE TERMS OF SERVICE AS WELL AS OUR PRIVACY POLICY (https://binske.com/privacy-policy-2/) (the “Privacy Policy”), WHICH IS INCORPORATED BY REFERENCE TO THESE TERMS OF SERVICE.
Please note: these Terms of Service contain an arbitration clause and jury trial waiver that requires you and Praetorian to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.
By accessing or using this Site, the Content, or our Services in any way, you are acknowledging that you understand, accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service and our Privacy Policy, including the agreements referred to herein and therein, you must not access or use the Site, the Content or any of our Services. This Site is offered and available only to users who are 21 years of age or older. By accessing or using this Site, the Content or any of our Services, you represent and warrant that you are 21 years of age or older.
• Changes to Terms of Service: We may update the Site and these Terms of Service at any time. Your continued access or use of the Site, the Content, or our Services after we update these Terms of Service constitutes your acceptance of and agreement to be bound by the terms of the amended Terms of Service. We encourage you to review these Terms of Service on a regular basis to ensure you are familiar with the current version. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages on this Site or the Services.
• Privacy: Your access or use of this Site, the Content or our Services is also subject to our Privacy Policy (https://binske.com/privacy-policy-2/). We ask that you review our Privacy Policy, which informs you of our data collection and use policies and practices as we collect personally identifiable information from the users of the Site and our Services.
• Use of Site: We authorize you to access and view the materials on this Site (including the Content) and to use our Services solely for your personal, non-commercial use. In doing so, you agree you will not: (i) use the Site or any feature of the Site or our Services for any purpose which we determine in our sole and absolute discretion to be unlawful, tortious, abusive, harassing, libelous, defamatory, obscene, misleading, threatening, hateful, racist, or embarrassing, or that violates proprietary or intellectual property rights of Praetorian or third parties, including patents, trademarks, or copyrights, or that compromises the privacy of another party’s communications; (ii) act in a manner that may damage the image or reputation of Praetorian or our products or services; (iii) use the Site or any feature of the Site or our Services to transmit any advertising, promotional materials or similar materials without our express written consent; (iv) collect, store, use or disseminate Personal Information (as defined in the Privacy Policy) about other users of this Site or our Services; (v) upload, post, email, or otherwise transmit or introduce any material that contains viruses, Trojan horses, ransomware, or any other computer code, files, or programs that might alter, interrupt, limit, or interfere with the functionality of the Site, any function of the Site, our Services or any computer software or hardware or telecommunications equipment, including servers; or (vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict improper access through the Site, or features that enforce limitations on the use of the Site or the Content.
Information provided on the Site or made available through our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representations that the products or Services made available through the Site will be available or appropriate in every jurisdiction in which the Site may be accessed or Services utilized. You access the Site and purchase our products or Services at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.
• Cannabis Acknowledgment: You acknowledge that, to the extent it pertains to cannabis, our products and Services 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.
• Safety Acknowledgment: Please consult your healthcare professional about potential interactions or other possible complications before using any product or Services. If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing our products or Services. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. Praetorian shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our products or Services.
Our products and Services are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness. These products and Services and any statements made regarding these products and Services have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy. By accessing the Site and using our Services, you acknowledge the information provided on the Site, the Content, our Services, within any of our social media pages or channels, and all of the documentation and literature included with any product or Services identified on the Site, is provided for informational and educational purposes only. In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site. You and any other user of any product or Service described or displayed on the Site are solely responsible for the use of such product or Service, as the case may be, and the consequences of such use. Any illegal use or resale of any products or Services listed on the Site could subject you to fines, penalties and/or imprisonment under local, state, and federal law.
• Consumption of Hemp-Derived Cannabinoids and Drug Testing: The consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (“THC”) or certain cannabinoid metabolites. Praetorian cannot guarantee that hemp-derived products available for sale on this Site or through its licensees or other third parties do not contain traceable amounts of THC, nor can we guarantee that use of our hemp-derived products will not result in failed drug screening for THC, other cannabinoids, or their metabolites. Your use of our products or Services is at your own risk. Praetorian is not responsible for any personal adverse employment or professional action related to your use of the products or Services.
• Content: The Site and all of our Services and all of their content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text design, graphics, logos, icons, images, video, audio, downloads, interfaces, code and software, and all other intellectual property exhibited or made available on the Site or through the provision of our Services (collectively referred to as the “Content”), are all proprietary and are owned or controlled by us, our licensors and certain other third parties. All right, title and interest in and to the Content available on the Site or through any of our Services is the exclusive property of and owned by us, our licensors or certain other third parties, and is protected to the fullest extent by applicable intellectual property laws. We do not grant you any license or right to use the Content by providing you with access to and use of the Site or any of our Services other than as explicitly set forth herein. You are strictly prohibited from reselling, decompiling, reverse engineering, disassembling, storing, reproducing, communicating, using, displaying, distributing, exploiting, exhibiting, creating derivate works from, or transmitting the Content without our prior written permission. Any unauthorized use of any of the Content in violation of these Terms of Service or the Privacy Policy is prohibited and may violate applicable intellectual property laws.
• Promotions: If we conduct any sweepstakes, contests or other promotions (“Promotions”), the terms of each such Promotion shall be governed by terms and conditions set forth on a landing page designated for the corresponding Promotion, in addition to these Terms of Service and the Privacy Policy, as the case may be.
• Praetorian Account Security: Certain Content, products or services available on this Site or through our Services may require you to register with us or provide us with certain information (including Personal Information) before you are able to gain access to same (a “Praetorian Account”). Should you elect not to provide us with such information, you may not be able to access said Content, products or services or participate in certain features of the Site or our Services.
Should you create a Praetorian Account, it is your responsibility to maintain the completeness and accuracy of your Praetorian Account information and make all necessary updates thereto to ensure the currency thereof. Moreover, you may be required to provide an email account and create a password to your Praetorian Account, and it is your sole responsibility to maintain the confidentiality of your password. We shall not be liable for any unauthorized access to your Praetorian Account. You will be solely responsible for any and all conduct that occurs through the use of your Praetorian Account and you shall immediately inform us of any unauthorized access to or use thereof. We shall not be liable for any loss that you may incur as a result of someone else using your password or Praetorian Account, either with or without your knowledge. We reserve the right to suspend or deactivate your Praetorian Account at any time in our sole and absolute discretion, with or without notice to you, and we shall not be liable to you for any damages or losses you incur in connection with such suspension or deactivation.
• Disclaimers: THE CONTENT ON THIS SITE OR OUR SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on this Site or the Services should be construed to alter such agreements. We further do not warrant the accuracy and completeness of the Content on this Site or the Services. We may make changes to the Content on this Site or the Services, or to the products and services described therein, including the prices therefor, at any time without notice. The Content on this Site or our Services may be out of date, and we make no commitment to update the Content on this Site or our Services. Information published on this Site or our Services may refer to products, programs or services that are not available in your jurisdiction.
• Use of Credit Card: If you wish to purchase any product or service made available through the Site or our Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your security code, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party service providers collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
• Product Availability: In many cases, our products and our Services are provided by our licensees or other third parties in various jurisdictions and not by us directly. We will use commercially reasonable efforts to fulfill or have such third parties fulfill all customer orders; however, we cannot guarantee availability of any particular product displayed on the Site or the availability of the Services. We also are not responsible for the quality, quantity or fulfillment on a timely basis or at all of products or Services provided by our licensees or other third parties. Not all products or Services are available in all jurisdictions. We do not warrant that the product descriptions or the prices set forth on this Site or the sites of such third parties are accurate, complete, reliable, current, or free of error.
• Links to Third Party Websites: Links on this Site or other Services to third party websites (including those of our licensees) are provided solely as a convenience to you and we do not endorse or make any representations or warranties about the content, completeness or accuracy of the information provided on those third party websites. Should you decide to use such links, you agree that you are doing so at your own risk as you will leave this Site or the applicable Service. We do not control and are not responsible for any of these third party websites or their content. We encourage you to be aware when you leave our Site or other Services and to read the terms of use and privacy statements of each website that you visit. The Privacy Policy referenced in these Terms of Service applies only to information collected by this Site or our other Services.
• Limitation of Liability: IN NO EVENT WILL WE, OUR LICENSEES, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE OR IN OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, OUR SERVICES, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT, MATERIALS, INFORMATION OR SERVICES FROM THIS SITE OR OUR OTHER SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE OR OUR OTHER SERVICES ARE ONLY OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION AND CONTENT ON THE SITE OR OUR OTHER SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE AN OFFER OR SOLICITATION.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE OR SERVICES. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS.
• Accessibility: We are committed to making our Site accessible and usable by all people, including those with disabilities and special needs. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of the Site and Services. If you have difficulty using or accessing any element of the Site or the Services or if you have any feedback regarding accessibility of the Site or the other Services, please feel free to contact us at legal@praetorianglobal.com.
• Miscellaneous Provisions:
• Venue/Jurisdiction. This Site and our other Services are owned and operated by Praetorian from within the United States of America and are not meant to subject Praetorian 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. These Terms of Service and all other agreements referenced herein or elsewhere on our Services including but not limited to the Privacy Policy, are subject to the laws of the state of Florida without regard to its conflicts of laws principles. By using or accessing the Site or our Services, you consent to the exclusive jurisdiction of the federal and state courts located in Miami, Florida, in connection with any action or proceeding brought to enforce our rights relating to our intellectual property and/or Content or a judgment awarded pursuant to the section titled “Arbitration,” 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 the Site, these Terms of Service, the Privacy Policy or our Services shall be resolved exclusively in accordance with the terms of the section titled “Arbitration,” below.
• Arbitration. Except as otherwise set forth herein, any dispute arising out of or relating to the Site, your use of the Services, these Terms of Service, our 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 Miami, Florida. 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.
• Waiver of Jury Trial. THE PARTIES HERETO HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS OF SERVICE OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT HEREOF. THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THESE TERMS OF SERVICE AND WOULD NOT AGREE TO THESE TERMS OF SERVICE IF THIS SECTION WERE NOT PART OF THESE TERMS OF SERVICE.
• Amendment. We may, in our sole in absolute discretion, modify these Terms of Service, the Content, the Services, or the Privacy Policy or any other agreement referred to herein
.
• Termination. We may, in our sole discretion, terminate or suspend your use or access to the Site, the Content, our Services or your Praetorian Account for any reason.
• Indemnification. You agree to indemnify and hold harmless Praetorian, 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 these Terms of Service or the Privacy Policy, or any violations hereof or thereof by your employees or agents, or which arises from the use of the Site, the Services, or any Content contained herein.
• Entire Agreement. These Terms of Service, the Privacy Policy and the other agreements referred to herein constitute the entire agreement between you and Praetorian and will govern your use of the Site, our Services and the Content contained therein and shall supersede any prior agreements between you and Praetorian relating thereto.
• Severability. If any provision of these Terms of Service, the Privacy Policy or other agreements referenced herein are held to be invalid by any applicable law, rule, order or regulation of any government or by the final non-appealable determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Service, the Privacy Policy or the applicable agreement.
• Waiver. The failure of Praetorian to exercise or enforce any right or provision of these Terms of Service, the Privacy Policy of other agreement referenced herein shall not constitute a waiver of such right or provision.
• Section Headings. The Section headings set forth in these Terms of Service are for convenience only and have no legal or contractual effect.
• Contacting Us. If you have any questions about these Terms of Service, this Site or the Content contained herein you may contact us: by email: legal@praetorianglobal.com
We do not guarantee that we will receive all such communications and shall not, subject to applicable laws, be required to read, act or respond to any such email or other form of contact. Please note, your email communications to us may not be secure and shall not be treated as confidential.
March 02, 2022
This Privacy Policy was last updated on: March 02, 2022.
Praetorian Global, Inc., a Delaware corporation (“Praetorian” 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 Praetorian or on our behalf and which contain a link to this Privacy Policy including, but not limited to the website www.binske.com (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 PRAETORIAN, PLEASE REVIEW THIS PRIVACY POLICY AND OUR TERMS OF SERVICE (WHICH ARE INCORPORATED BY REFERENCE HEREIN AND AVAILABLE AT: www.binske.com/terms-of-service/) CAREFULLY. By accessing or using the Services or otherwise providing information to Praetorian, 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 Praetorian to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.
IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA IN THE UNITED STATES, PLEASE SEE SECTION 12 FOR ADDITIONAL CALIFORNIA-SPECIFIC PRIVACY DISCLOSURES.
IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE REFRAIN FROM ACCESSING OR USING THE SERVICES OR OTHERWISE PROVIDING PRAETORIAN WITH ANY OF YOUR INFORMATION.
• 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 Praetorian 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 Praetorian 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 Praetorian;
• When you participate in sweepstakes, contests or other promotions conducted by (or on behalf of) Praetorian;
• 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 Praetorian Account (as defined in the Terms of Service) and authorize Praetorian 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 Praetorian).
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’ expeirences with the Services, enabling us to analyze techinical 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 www.allaboutocokies.org. 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 Praetorian;
• 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 Praetorian 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 Praetorian 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 Praetorian 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: legal@binske.com. 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: legal@binske.com.
• 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 networkadvertising.org
• 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 Praetorian with your phone number and agree to receive SMS/MMS text messages sent by or on behalf of Praetorian, 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 Praetorian. This service may not be available on all wireless carriers. Praetorian may add or remove any wireless carrier from this service at any time without notice to you. Praetorian 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 Praetorian in order to purchase any goods from Praetorian 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. Praetorian 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: Legal@binske.com. 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 Praetorian from within the United States of America and are not meant to subject Praetorian 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 Miami, Florida, 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 Miami, Florida. 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 Praetorian Account, for any reason.
• Indemnification. You agree to indemnify and hold harmless Praetorian, 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 Praetorian and will govern your use of the Services and shall supersede any prior agreements between you and Praetorian 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 Praetorian 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.
• CALIFORNIA PRIVACY DISCLOSURES
LAST UPDATED: March 02, 2022
• Overview. The disclosures set forth in this Section 12 (the “California Privacy Disclosures”) are intended to supplement the information set forth elsewhere in this Privacy Policy about how we collect, use, disclose and otherwise process Personal Information of our customers who are individual residents of the State of California, either through their provision of their Personal Information to us or their use of the Services, and within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). This Section 12 only applies to individual residents of the State of California. All capitalized terms used but not defined in this Section 12 shall have the same meaning ascribed to them elsewhere in the Privacy Policy or in the CCPA, as the case may be.
• Updates to these California Privacy Disclosures. We reserve the right to update these California Privacy Disclosures in our sole and absolute discretion, with or without notice to you. The effective date of these California Privacy Disclosures is set forth at the beginning of this Section 12 next to the phrase: “Last Updated”. Any changes made to these California Privacy Disclosures are effective as of the “Last Updated” date. Your continued use of the Services or provision of information to Praetorian after said effective date shall constitute your acknowledgment and acceptance of the terms of these California Privacy Disclosures and said amended California Privacy Disclosures shall replace and supersede all prior versions thereof. We encourage you to check these California Privacy Disclosures periodically as their terms may change from time to time without notice to you.
• Personal Information. When we use the term “Personal Information” in these California Privacy Disclosures, it shall have the meaning ascribed to it in Section 2(a) of the Privacy Policy together with the categories of Personal Information listed in the chart in subsection (d) of this Section 12. However, the term “Personal Information”, specifically excludes:
• Information that is publicly available from government records;
• Deidentified (as defined in the CCPA), aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to an individual;
• Information you provide during the job application process;
• Information about employees, contractors and other personnel; and
• Information that is excluded from the scope of the CCPA.
• Collection of Personal Information. We collect a variety of Personal Information in connection with our provision of the Services as well as from the Personal Information you provide to us. We encourage you to review Section 3 of the Privacy Policy to learn more about how we collect your Personal Information.
Specifically, in the last twelve (12) months, using the methods described in Section 3 of the Privacy Policy, we have collected the following categories of Personal Information:
• Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social media name/handles, driver’s license number, or other similar identifiers.
• Personal information set forth in Cal. Civ. Code Section 1798.80(e) including, your signature, physical characteristics or description, address, telephone number, state identification card number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
• Characteristics of protected classifications under California or federal law including your age and/or gender.
• Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Biometric information.
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
• Geolocation data, including, information about your physical location collected from geolocation features on your device, including your IP address.
• 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).
• Professional or employment-related information.
• Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act.
• Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Please note: In addition to the categories of sources identified in Section 3 of the Privacy Policy and elsewhere herein, we may collect information about you from publicly available resources and other third party providers.
• Purposes for Collecting Personal Information. We encourage you to review Section 4 of the Privacy Policy to learn more about the purposes for our collection of Personal Information.
• Disclosure of Personal Information. We encourage you to review Section 5 of the Privacy Policy to learn more about how we disclose and share your personal information with a variety of third parties for business purposes (subject to your rights set forth herein including subsection g(4) below).
In the last twelve (12) months, we have disclosed all of the categories of Personal Information we collect and explained in the Privacy Policy as well as in subsection (d) above, to third parties for a business purpose. Notwithstanding anything to the contrary contained in this subsection (f) of these California Privacy Disclosures, we do work with certain third party advertising networks, Social Media companies and other third party service providers to collect and disclose your Personal Information which may be obtained through the methods set forth in Section 3 of the Privacy Policy. We encourage you to review those provisions of the Privacy Policy for more information on how third parties may collect and use certain information about you and your options related to such collection and use.
In the last twelve (12) months, we have not sold Personal Information to third parties as most people would typically understand the term “sold”.
• Your California Privacy Rights. As a California resident, you may be able exercise the following rights relating to your Personal Information that we have collected (subject to certain exceptions and other limitations set forth by applicable law):
• “Shine the Light”. California Civil Code Section 1798.83 permits customers of Praetorian who are California residents to request certain information regarding, and/or to opt-out of, our disclosure of their Personal Information to third parties for their direct marketing purposes.
• The Right to Know. Upon verification of your identity, you have the right to request any or all of the following information related to your Personal Information collected by us during the previous twelve (12) months:
• Specific pieces of Personal Information that we have collected about you;
• Categories of Personal Information we has collected about you;
• Categories of sources from which the Personal Information is collected;
• Categories of Personal Information that we sold or disclosed for a business purpose about you;
• Categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and
• The business or commercial purpose for collecting or selling Personal Information.
• The Right to Request to Delete. Upon verification of your identity, you have the right to request we delete your Personal Information that we have collected from you.
• The Right to Request to Opt-Out. You have the right to opt out of the sale of your Personal Information by clicking on the following link [DO NOT SELL MY PERSONAL INFORMATION]. You have the right to request that we not sell your Personal Information to third parties, pursuant to Cal. Civ. Code Section 1798.120(a). Should you fail to exercise your right to opt-out of the sale of your Personal Information, we may sell such Personal Information to third parties for monetary or other valuable consideration and such third party purchaser(s) may use your Personal Information for their own purposes in accordance with their own privacy policies.
• The Right to Non-Discrimination. We do will discriminate against you should you decide to exercise your rights under applicable privacy law and, unless permitted by the CCPA, we will not:
• Deny you the ability to access the Services;
• Charge you different prices or rates for the Services; or
• Provide you with a different level or quality of Services.
• Personal Information From Children. Due to the nature of our business, our Services are not to be provided to individuals under the age of 21. As such, we will not ask anyone under the age of 21, specifically those under the age of thirteen (13), to provide us with any Personal Information should we have knowledge of their age.
• How California Residents Can Exercise their Rights. To exercise your “Right to Know”, “Right to Request to Delete “, or your “Right to Request to Opt-Out”, please submit said request by:
Email to: Legal@binske.com
Or submit a request by filing out the Praetorian CCPA Request Form.
To facilitate your request to exercise your rights including the right to Shine the Light, the Right to Know and the Right to Request to Delete, we will need to verify your identity and this verification process may require you to provide additional Personal Information to us. We will only use such additional Personal Information to review and comply with your request. Please note, we may decline your requests for various reasons including our inability to verify your identity.
We will work to process all verified requests within forty-five (45) days pursuant to the CCPA. If we need an extension for up to an additional forty-five (45) days in order to process your request, we will provide you with an explanation for the delay. 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.
• Authorized Agent. We understand there are certain circumstances where you may wish to appoint an authorized agent to submit a request on your behalf and we may require said authorized agent to provide proof that you gave the authorized agent signed permission to submit said request. Moreover, we may also require you to: (i) verify your identity directly to us; and (ii) directly confirm with us that you provided the authorized agent with the permission to submit said request.
• General Inquires. If you have any other questions or requests in connection with these California Privacy Disclosures or other privacy-related matters and are a California resident, please send an email to: legal@binske.com.
Binkse 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 accessibility@binske.com. 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.
PRAETORIAN GLOBAL, INC. | CODE OF BUSINESS CONDUCT
A. Purpose
The purpose of this Code of Business Conduct (this “Code”) is to provide Praetorian Global, Inc. and its subsidiaries (collectively, the “Company”) with an approved framework for deterring wrongdoing and to promote, among other things, honest and ethical conduct and to ensure to the greatest possible extent that the Company’s business is conducted in a consistently legal and ethical manner. The Company’s success is based on creating innovative, high-quality products and on demonstrating integrity in every business interaction. The Company’s principles of business conduct define the way it does business worldwide. It is therefore imperative that each member of Company Personnel (as defined below) consistently demonstrates honesty, respect, and professionalism in every interaction, regardless of whether such interaction occurs in the course of business or in a personal capacity.
B. Scope
This Code applies to all Company personnel, including but not limited to, the Company’s board of directors, officers, and employees (collectively “Company Personnel”). This Code supplements and must be read in conjunction with the Company Employee Handbook and all other Company codes, policies, procedures, guidelines, agreements, and other documents created or adopted by the Company.
C. Code of Business Conduct
1. Compliance with Laws, Rules, and Regulations
The Company is committed to conducting its business in compliance with all applicable laws and regulations and Company policies, and in accordance with high ethical standards. Company Personnel must comply with these standards, policies, and all applicable legal requirements and demonstrate integrity in every interaction. All Company Personnel shall be provided a copy of this Code with the Employee Handbook and other onboarding materials and will be required to review and acknowledge the requirements of this Code at that time.
The Controlled Substances Act, 21 U.S.C. §811, and other related federal laws prohibit the trafficking, production, processing, handling, marketing, sale, distribution, and use or utilization of cannabis products (collectively, and as in effect from time to time, “Federal Cannabis Laws”) regardless of whether such activity is permitted under state law. Accordingly, and notwithstanding anything herein to the contrary, provided that the relevant act, omission, or conduct is related to wholly intrastate activity and does not violate applicable state or local law, the term Applicable Law and similar terms in this Code will not include Federal Cannabis Laws.
2. Conflicts of Interest
Company Personnel should avoid any conflicts of interests, such as when an employee or a member of his or her family receives improper personal benefits as a result of his or her position
Page 2 of 6
in the Company. Employees are encouraged to seek clarification of, and discuss questions about, potential conflicts of interest with the Company Legal Department. Any Company Personnel who become aware of a conflict of interest should bring it to the attention of a supervisor, manager, or other appropriate person within the Company, including the Company Legal Department.
3. Outside Directorships and Other Outside Activities
Company Personnel may not serve as directors of any outside business organization unless such service is specifically approved by the Company’s Board of Directors (the “Board”), the Company’s CEO or General Counsel, or a designee of the foregoing. The Company will consider a number of factors when determining whether to approve an individual’s request for an outside business directorship. Directorships in outside companies should satisfy several business considerations, including (1) furthering the Company’s interests, including by not being in competion with the Company, and (2) not detracting in any material way from the individual’s ability to fulfill his or her commitments to the Company. The Company will also consider the time commitment and potential personal liabilities and responsibilities associated with the outside directorship when evaluating such requests.
We recognize that Company Personnel often engage in charitable activities and community service in their local communities, and we commend employees’ efforts in this regard. However, it is every individual’s duty to ensure that outside activities, even charitable or volunteer activities, do not constitute a conflict of interest or are otherwise inconsistent with employment by the Company.
Outside work activities are generally allowed unless the activity conflicts with the Company’s interest, or if the outside work adversely affects Company Personnel’s ability to be attentive, prepared and perform the essential duties of their job. Other employment or commercial involvement that conflicts with the Company’s business interests is strictly prohibited.
4. Gifts and Entertainment
The Company and all Company Personnel must refrain from all money-laundering, corruption, extortion, embezzlement, bribery, fraud, or kickbacks. Company Personnel must agree not to directly or indirectly offer or accept gifts, entertainment, or favors that are intended or may appear to be intended to obligate or inappropriately benefit any party. Bribes involving any Company Personnel are forbidden in all circumstances, along with any gift, entertainment, or other favor that is inappropriate or whose value exceeds legally defined limits. Each individual should use good judgment and ensure no violation of these principles occurs with the offering or accepting of gifts or entertainment. If there is any question or uncertainty about whether any gifts or proposed gifts are appropriate, please contact a supervisor, manager or other appropriate person within the Company or the Company Legal Department.
Company Personnel must also follow all applicable tax laws and not participate in any form of fraud or evasion of tax and social security contributions.
With respect to relationships with government officials or personnel, see Section 10, Relationships with Government Personnel, below.
Page 3 of 6
5. Corporate Opportunities
Company Personnel have a duty to advance the legitimate interests of the Company when the opportunity presents itself. Therefore, no Company Personnel may:
• Take for himself or herself personal opportunities, including investment or other business opportunities, discovered through the use of his or her position with the Company or through the use of Company property or information;
• Use the Company’s property, information, or position for his or her personal gain or the gain of a relative or family member; or
• Compete or attempt to compete with the Company.
6. Discrimination and Harassment
The Company values diversity among its employees and is committed to providing a work environment that demonstrates the same. The Company intends to create a respectful workplace in which every individual has the incentive and opportunity to reach his or her highest potential. The Company is firmly committed to providing equal employment opportunities to all individuals and will not tolerate any illegal discrimination or harassment of any kind. Derogatory comments, harassment and discriminatory actions based on age, sex, race, gender, sexual orientation or identity, disability, or ethnic characteristics and unwelcome sexual advances or comments will be handled with a zero-tolerance policy. This policy applies to both applicants and Company Personnel and in all phases of employment, including recruiting, hiring, placement, training and development, transfer, promotion, demotion, performance reviews, compensation and benefits, and separation from employment. All levels of supervision are responsible for monitoring and complying with the Company’s policies and procedures for handling employee complaints concerning harassment or other forms of unlawful discrimination. Because employment-related laws are complex and vary from state to state and country to country, supervisors should obtain the advice of the Company Legal Department whenever there is any doubt as to the legality of any proposed action or inaction.
7. Health and Safety
The Company is committed to providing its employees with safe and healthy work environments. Each employee has a responsibility to ensure that the Company’s operations meet applicable government or Company standards. All employees are required to be alert to environmental and safety issues and to be familiar with environmental, health, and safety laws and Company policies applicable to their area of business. Since these laws are complex and subject to frequent changes, Company Personnel should obtain the advice of the Company Legal Department whenever there is any doubt as to the lawfulness of any action or inaction. Threats or acts of violence and physical intimidation are not permitted.
8. Record Keeping and Retention
Properly maintaining corporate records is of the utmost importance to the Company. Most Company Personnel record or prepare some type of information during their workday, including
Page 4 of 6
timecards, financial reports, accounting records, business plans, trade secrets, standard operating procedures, guidelines, intellectual property related documentation, injury and accident reports, expense reports, etc. Various entities and individuals, within and outside the Company, depend upon this information to be accurate and truthful for a variety of reasons. These entities and individuals include Company Personnel, governmental agencies, auditors, outside advisors and other authorities. The Company requires honest and accurate recording and reporting of information to make responsible business decisions and comply with its contractual and legal obligations. All financial statements and books, records, and accounts of the Company must accurately reflect transactions and events and conform both to required legal requirements and accounting principles, as well as the Company’s internal accounting requirements. Company Personnel have the responsibility to ensure that they do not make false or intentionally misleading entries in the Company’s accounting records. Dishonest reporting within the Company or to organizations or people outside the Company is strictly prohibited.
9. Confidentiality and Proprietary Information
The Company depends on intellectual property, such as trade secrets, trademarks, service marks, trade names, brand names, logos, designs, artwork, graphics, branding, trade dress, patents, copyrights, and other proprietary source-identifying indicia of goods and services, as well as business, marketing, and service plans, engineering and manufacturing ideas, designs, databases, records, and any unpublished financial data and reports, for its continued vitality. As such, the protection of Company business information, proprietary information, physical property, intellectual property, and all other Company assets is vital to the interests and success of the Company. If the Company’s intellectual property and proprietary information are not protected, they become available to other companies and thus may give away the Company’s competitive advantage.
It is the responsibility of all Company Personnel to protect the Company’s intellectual property. All levels of management within the Company are required to foster and maintain awareness of the importance of protecting the Company’s intellectual property. Company Personnel must not disclose or reveal any such information except under the direction or with the approval of the Board, the Company’s CEO or General Counsel, or a designee of the foregoing. Such confidential and Company-related proprietary information includes, but is not limited to, the following examples:
• Intellectual property and trade secrets.
• Financial information, budgets, feasibility studies.
• Marketing strategies and business plans.
• Technological information, such as computer processes, programs and codes written for or by the Company.
• Customer and supplier information, such as customer lists and order details.
• Pending projects and proposals.
• New materials or products acquired or produced through research & development.
• Human resources files, personally identifiable information (PII), and employee information the Company is required to keep secure and confidential.
• Proprietary production processes.
Page 5 of 6
• Private information relating to the Company or its officers, directors, owners, employees, representatives, vendors, customers, or affiliates’ businesses, opportunities, assets, or properties, whether prepared by Company Personnel, a third party, or otherwise, and whether oral, visual, written, or electronic.
• Analyses, compilations, forecasts, studies, summaries, notes, data, and other documents and materials prepared in connection with confidential information.
• Courseware, both in book format or in electronic format for e-learning, developed for or by the Company.
This confidentiality requirement supplements, and must be read in conjunction with, the Confidentiality, Non-Disclosure & Company Property provisions contained in the Company Employee Handbook, as well as all applicable Company codes, policies, procedures, guidelines, employment agreements, restrictive covenant agreements, and any other agreements or documents created, adopted, amended, restated or supplemented by the Company that are applicable to, and/or were entered into by, Company Personnel. In the event of any conflict or inconsistency between the requirements of this Code and any other applicable document, the more restrictive provision will apply.
10. Relationships with Government Personnel
Company Personnel should be aware that certain practices that may be acceptable in the commercial business environment, such as providing certain gifts, entertainment, transportation, meals, and other things of nominal value, may be illegal when provided to government employees or others acting on the government’s behalf. Therefore, all Company Personnel must be aware of and adhere to the U.S. Foreign Corrupt Practices Act of 1977, as amended, and the relevant laws and regulations governing relations between government employees and customers and suppliers in every country where we conduct business. It is strictly against Company policy for Company Personnel to give money or gifts to any official or any employee of a governmental entity if doing so could reasonably be construed as having any connection with the Company’s business relationship. Any proposed payment or gift to a government official must be reviewed and approved in writing in advance by the Company Legal Department, even if such payment is common or customary in the country at issue. Company Personnel should be aware that they do not actually have to make the payment to violate the Company’s policy and the law; merely offering, promising, or authorizing such payment is sufficient to be a violation of the Company’s policy and the law. In addition, many jurisdictions have laws and regulations regarding business gratuities that may be accepted by government personnel. Gifts or offerings that would not be appropriate for private parties are always inappropriate for government officials. Please consult the Company Legal Department for more guidance on these issues. Contributions to political parties or candidates in connection with elections are discussed below in Section 11, Political Contributions.
11. Political Contributions
Election laws in many jurisdictions prohibit political contributions by companies to candidates. Many local laws also prohibit corporate contributions to local political campaigns. The Company therefore does not make direct contributions to any candidates for federal, state, or local offices
Page 6 of 6
where Applicable Law makes such contributions illegal. Contributions to political campaigns by Company Personnel must not be, or appear to be, made with, or reimbursed by Company resources. Company resources include Company funds, products, services, facilities, office supplies, letterhead, telephones, electronics, resources, and other items or services of actual or perceived value. Company Personnel who hold or seek to hold political office must do so on their own time, whether through vacation, unpaid leave, after work hours, or on weekends. Additionally, all Company Personnel must obtain advance written approval from someone within the Company Legal Department prior to running for political office to ensure that there are no conflicts of interest with Company business. Company Personnel may make personal political contributions as they choose so long as doing so does not violate Company policy or any Applicable Law.
12. Failure to Comply
It is each Company Personnel’s responsibility to apply the principles set forth in this Code in a responsible fashion and with the exercise of good judgment and common sense. A failure by any Company Personnel to comply with the laws or regulations governing the Company’s business, this Code, or any other Company policy or requirement may result in disciplinary action up to and including termination, and, if warranted, legal proceedings or law enforcement action. All Company Personnel are expected to cooperate in internal investigations relating to the foregoing.
13. Questions and Reporting Resources
If the Company receives good-faith reports about potential violations of this Code, other Company policies, or law, it will not permit retaliation for such reports in accordance with Applicable Law. All Company Personnel have a duty to report known or suspected violations of this Code, other Company policies, and any Applicable Law to the Company. Failure to report such violations may subject Company Personnel to disciplinary action. Company Personnel can submit questions relating to this Code or make reports to the Company via email at legal@binske.com.
D. Review; Amendments; Interpretation
The Board of Directors of the Company (the “Board”) will periodically review this Code and make any revisions as it deems necessary or appropriate. This Code may be updated, modified, or withdrawn by the Board at any time in its sole discretion. The Board has ultimate authority in interpreting and applying this Code. Any questions or requests for interpretations of this Code should be directed to the Company Legal Department via at email at legal@binske.com.
Approved by the Board on September 1, 2022.
