- Purpose: The Website is made available to you for the sole purpose of providing you with information about the Company and the Company’s products.
- Age Restriction: The Website is not intended to be used by any person under the age of nineteen (19). To use and access the Website, you must be at least nineteen (19) years of age (or the minimum legal age in your place of residence to use our Website).
All content and data made available by Company through the Website, including any Third Party Content, (the “Company Content”) is owned solely and exclusively by Company and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Company Content; (b) market, sell, re-sell or make commercial use of the Website or any Company Content; (c) systematically collect from the Website and use any Company Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Website or the Company Content.
- Website Provided “AS IS”: YOU UNDERSTAND AND AGREE THAT THE WEBSITE, ANY COMPANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
COMPANY SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE (INCLUDING THE PROVISION OF ANY COMPANY CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER OR ELECTRONIC DEVICE, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, COMPANY CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF COMPANY IN OPERATING THE WEBSITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE.
- Disclaimer of Warranties and Limitation of Liability: IN NO EVENT WHATSOEVER SHALL ANY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (EACH A “COMPANY PARTY” AND COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR ANY INABILITY TO USE THIS WEBSITE (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY COMPANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER CONSEQUENTIAL ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
- Copyright and Trademarks: The Website contains proprietary information and material that is owned by Company, its subsidiaries, affiliates and/or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. All product, brand and company names and logos and trademarks displayed on the Website are the trademarks of Company (or its suppliers, partner businesses or third party licensors). No portion of the information on this Website may be copied or reproduced in any form, or by any means without prior written permissions from Company. You are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this Website or any Company publication for any public, private, commercial or other purpose.
- Language: English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.
Last Updated: August 7, 2019
If this Policy changes in the future, we will post an updated version on our Website. We recommend that you check this Website periodically in order to review our current Policy. You can tell if this Policy has changed by checking the date that appears at the bottom of this Policy. Depending on the circumstances, we may also decide to send you a notice in other ways in our discretion, such as via email or other contact information you have provided that the Policy was changed. If you continue to use our Website after the Policy has changed or notice of the change has been given, you will be deemed to have accepted such changes.
Generally, by voluntarily providing us with personal information, you are consenting to its collection, use and disclosure in accordance with this Policy. You acknowledge and agree that such personal information may be transferred from your current location to the offices and servers of Pure Sunfarms Corp. and authorized third parties referred to herein located in the United States.
- Information we collect
When you use our Website, we collect the following types of information.
(a) Information you provide to us: We collect information you provide to us, including your name and email address
(b) General usage data: When you use our Website we may collect technical properties of hardware and software used in conjunction with our Website. For example, we may collect the type and model of hardware and/or web browser you are using, referring or exit web pages, and the operating system version you are using. When you use our Website, we may also collect your Internet Protocol (“IP”) address, information about the date and time of your access as well as how long you use our Website in each session, features you use in our Website, and how long you use our Website overall.
- Using information we collect
We use the personal information you have agreed to provide to us in order to: communicate with you for the purposes you have separately indicated when you signed up to the Website; learn more about you and your preferences by looking at, among other things, the IP address of your computer and your activity on the Website; and address problems with, and improve, our Website. You may update your communication preferences anytime by contacting us.
We will not share, sell or rent your personal information in personally identifiable form with any third party, except if, and to the extent necessary, in our good faith judgment, doing so is required to: comply with laws or regulations; respond to a valid subpoena, order, or government request; establish or exercise the Company’s legal rights or defend against legal claims; investigate, detect, supress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person; or as otherwise required by law.
We will retain your personal information only for a time and to the extent necessary for the purposes for which it was collected as described in this Policy and for reasonable backup, archival, audit, or other similar purposes.
If we have disclosed your personal information to a third party in accordance with this Policy, we will ensure that it is only retained by that third party for as long as is necessary for that third party to complete the purpose for which we provided it to them.
Notwithstanding anything to the contrary contained in this Policy, we may remove personal identifiers from your information and maintain and use it in a de-identified form that may be combined with other information to generate aggregated information. Such de-identified and/or aggregated information will be deemed to be owned by us and we shall have unrestricted title, rights, and interest to the de-identified and/or aggregated information which may include, without limitation, the right to use, distribute, transmit, transfer, license, trade, rent, share, assign, and sell the de-identified and/or aggregated information. We will retain your personal information as long as necessary for the fulfillment of the identified purposes or as otherwise necessary to comply with applicable laws.
- To whom we disclose your personal information
In accordance with this Policy, we may share your personal information:
(a) if we have your consent;
(b) within our Company and/or with our service providers such as a cloud service provider in Canada or the United States for data storage;
(c) with our financial, insurance, legal, accounting or other advisors that provide professional services to us;
(d) to respond to a subpoena, order, legal process, or government request;
(e) to protect, establish or exercise our legal rights or defend against legal claims;
(f) to investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person;
(g) as otherwise required by law; or
(h) if we are to be sold, merged, or amalgamated or substantially all of our assets are to be sold or disposed of, your personal information may be transferred to a potential purchaser if, and to the extent necessary, it is required for the purposes of deciding whether to proceed with the proposed transaction and completing it. If such a sale, merger, acquisition, or disposal is completed, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
- Your decisions about your personal information
At any time you can contact us to: stop receiving e-mails from us; review the personal information held by the Company; withdraw your consent for our use and disclosure of your information; request a list of third parties to which the Company may have provided your personal information; and amend your personal information, where possible, or by writing to us at the address provided below. You can always unsubscribe from receiving promotional e-mails from us by simply clicking the “unsubscribe” link provided at the bottom of every promotional Company e-mail from us.
If you contact us to do any of the things listed above, we may require you to provide sufficient personal information to allow us to identify you and tell you about the existence, use and disclosure of your personal information and this personal information will only be used for this purpose. If you contact us about your personal information, we will respond to your request within a reasonable time and at no cost to you.
Generally, you may withdraw at any time your consent for us to collect, use, and disclose your personal information in accordance with this Policy, subject to legal or contractual restrictions and reasonable notice. As such, we may continue to collect, use, and disclose your personal information as may be required to provide you with our Website, and to the extent that we are contractually obligated to do so or as necessary to enforce any contractual obligations you may have with us. If you refuse to provide us with the information we require or later contact us to withdraw your consent for us to use and disclose your personal information, we may no longer be able to provide you with our Website.
We aim to provide you with a safe experience. We have in place certain physical, electronic, technological, and organizational safeguards that are designed to protect the security and privacy of your personal information against loss, theft, and unauthorized access, disclosure, copying use or modification. Please note, however, that while we try to create a secure and reliable Website for users, the confidentiality of any communication or material transmitted to or from the Website or via e-mail cannot be guaranteed.
We limit access to your personal information within the Company to individuals on a need-to-know basis.
Your personal information may be transferred, processed and retained on servers in countries outside of Canada, including the United States, and may therefore be subject to laws that do not offer the same degree of protection as Canadian law. While we undertake to protect your personal information when it is transferred to other jurisdictions, the laws of other jurisdictions may require the disclosure of your personal information to governmental authorities under circumstances that are different than those that apply in Canada and are contemplated under this Policy.
- Links to Other Sites
- Age Restriction
The Website is not intended for use by individuals under the age of 19. Company does not knowingly collect or use any personal information from any individuals under the age of 19. If we become aware that we have unknowingly collected personal information from an individual under the age of 19, we will make commercially reasonably efforts to delete such personal information from our database.
- Questions or Comments
If you have any questions or comments or wish to make a complaint about this Policy, please feel free to contact us by clicking Contact Us or by delivery in person, by courier or by the mail, to Company at Pure Sunfarms 4431 80 Street, Delta, BC, V4K 3N3, or by calling us at 1-888-207-4360. If you contact us about your personal information, we will respond to your request within a reasonable time and at minimal cost or no cost to you in accordance with applicable laws. Depending on the circumstances and applicable laws, we may refuse to process certain access requests (for example, access requests that are unreasonably repetitive or systematic, would be extremely impractical or require disproportionate technical effort).
Last Updated: August 7, 2019
Multilateral Instrument 52-110 – “Audit Committees” sets out the responsibilities of the audit committees of Village Farms
International Inc. and Emerald Health Therapeutics Inc. including that the audit committees must establish procedures for:
(a) the receipt, retention and treatment of complaints that are received by the issuer regarding accounting, internal accounting controls, or auditing matters, and
(b) the confidential, anonymous submission by employees of the issuer of concerns regarding questionable accounting and auditing matters.
As a joint venture of reporting issuers in Canada, the integrity of the financial and other information of Pure Sunfarms Corp. is vital. Pure Sunfarms Corp. recognizes the necessity of transparency and accountability in its administration and management practices. As such, Pure Sunfarms Corp. is committed to providing a work environment in which its employees, officers, consultants, managers and directors can, when based on a reasonable belief, raise concerns over accounting/audit matters, potential violations of laws or internal policies or misconduct, without fear of discrimination, retaliation, threats or harassment. The purpose of this “Whistleblower Policy” is to provide Pure Sunfarms Corp.’s employees, officers, consultants, managers and directors with a mechanism by which they can raise these concerns.
This policy is designed to cover all concerns relating to any accounting, internal control or auditing matters, including, without limitation, the following:
- Violations of law, including any rule or policy of the Ontario Securities Commission, the securities regulators of other jurisdictions in which Village Farms International Inc. or Emerald Health Therapeutics Inc. are a reporting issuer, the Toronto Stock Exchange, and the laws and regulations of any jurisdiction in which Pure Sunfarms Corp. operates;
- Violations of Pure Sunfarms Corp.’s Code of Ethics;
- Violations of, or deficiencies in, Pure Sunfarms Corp.’s accounting policies and internal accounting control systems;
- Other matters, such as deficiencies in Pure Sunfarms Corp.’s internal accounting controls, which in the good faith belief of the individual could cause harm to the business, a securityholder or the public position/perception of Village Farms International Inc., Emerald Health Therapeutics Inc. or Pure Sunfarms Corp., especially if the matter relates to a deviation from full and fair reporting of Village Farms International Inc., Emerald Health Therapeutics Inc or Pure Sunfarms Corp.’ financial condition including any attempt to fraudulently influence, coerce, manipulate or mislead Village Farms International Inc., Emerald Health Therapeutics Inc or Pure Sunfarms Corp.’s auditors;
- Any attempt to conceal a potential violation or evidence or a potential violation; or
- Any retaliation for any good faith report, complaint or other disclosure made pursuant to this policy.
1.2. Receipt of Complaints or Concerns
You may submit any complaints or concerns arising under this policy through one of the following channels:
- Your immediate supervisor; or
- Directly to your local People & Experience representative by telephone, email or in writing.
If you feel uncomfortable approaching your supervisor with your concern, or if you believe it is inappropriate to raise your complaint or report of a violation through the above-listed channels, you can write directly to the Chair of the Audit Committee of Village Farms International Inc. or Emerald Health Therapeutics inc., or the VP, Finance with respect to financial issues, or to the Chief Executive Officer on all other matters.
All complaints and concerns will be taken seriously and kept confidential except to the extent information is required to be disclosed in the investigation process as described in this policy or is required by law.
If you identify yourself when raising a complaint or concern, your name will not be disclosed unless you consent or unless the law requires such disclosure. However, if you raise a complaint or concern and after an investigation it is determined that the complaint was made maliciously or recklessly your identity may be disclosed.
Pure Sunfarms Corp. will treat all complaints or concerns received as confidential and privileged to the fullest extent permitted by law. Pure Sunfarms Corp. will exercise particular care to keep confidential the identity of any individual making a complaint under this policy until a formal investigation is launched. Thereafter, the identity of the individual will be kept confidential, unless such confidentiality is incompatible with a fair investigation, there is an overriding reason for identifying or otherwise disclosing the identity of the individual or the law requires such disclosure. In this instance, the individual will be informed in advance of his or her being identified. Where disciplinary proceedings are invoked against any individual under this policy, Pure Sunfarms Corp. will normally require the name of the person who made the complaint to be disclosed to the person subject to such proceedings.
1.3. Treatment of Complaint
Upon receiving a complaint, the receiving party will immediately deliver a copy of the complaint to your People & Experience representative, who will retain a log of all complaints or concerns. This log will be maintained in a manner that protects the confidentiality of the sender. Your People & Experience representative will, when possible, acknowledge receipt to the sender and will expeditiously determine whether or not to commence an investigation of the complaint.
Notwithstanding the above paragraph, if a complaint relates to the alleged conduct of a director or executive officer of Pure Sunfarms Corp., or allegations of any accounting or financial reporting irregularity or impropriety, the complaint will be referred immediately to the Board of Directors of Pure Sunfarms Corp. for investigation.
If you are not satisfied with the actions taken by your People & Experience representative, you can report the matter to the Chair of the Board of Directors (through the firstname.lastname@example.org email, managed confidentially by an internal Whistleblower Hotline designate and available for receiving anonymous complaints from any source). The Board of Directors will then make a preliminary investigation of the facts alleged and may, in its discretion, request that your People & Experience representative, in consultation with the VP, Finance, investigate further and report to the Board of Directors within a specified period of time. The VP, Finance may appoint another person to undertake the preliminary investigation provided that the findings and conclusions of that person will be reported to, and endorsed by, the Chief Executive Officer before the report is made to the Board of Directors.
If on preliminary examination by your People & Experience representative, the VP, Finance or the Board of Directors, the concern, issue or facts raised are considered to be without substance or merit, the matter will be dismissed and the individual who raised the concern will be informed of the decision and the reasons for such dismissal. If it is considered that the issue(s) have merit, the matter will be dealt with in accordance with this policy, the normal disciplinary procedures and/or as otherwise may be deemed appropriate according to the nature of the case. The outcome of the investigation will be reported to the individual who raised the concern.
You are obliged to cooperate with investigations relating to complaints and you must always be truthful and forthcoming in the course of these investigations.
1.4. Reporting of Complaints/Concerns
Your People & Experience representative or any person designated by your People & Experience representative in consultation with the VP, Finance, will make periodic reports to the Board of Directors of the following:
- The number of complaints made and a brief summary of the nature of the complaints;
- The number of investigations commenced in response to complaints;
- The number and nature of wrongdoings discovered; and
- All actions taken in response to wrongdoings discovered through any complaints, including any disciplinary action.
This policy will be reviewed annually by the Board of Directors after consultation with the senior officers of Pure Sunfarms Corp. and/or other individuals as deemed necessary to ensure the effectiveness of the policy, to maintain compliance with federal, provincial, state or local regulations and to minimize the likelihood of improper investigations.
Section 425.1 of the Criminal Code of Canada makes it an offence to retaliate against an employee that reports wrongdoing to a person who is responsible for the enforcement or reporting of federal or provincial laws.
No employee, officer, consultant, manager or director who in good faith raises a complaint or concern pursuant to this policy will suffer harassment, retaliation or adverse employment consequence. Good faith means that the person raising the complaint or concern believes that the information that he or she is providing is truthful. An employee, officer, manager or director who retaliates against someone who has made a report pursuant to this policy in good faith, is subject to discipline up to and including termination of office and employment or appointment. Any acts of retaliation should be immediately reported to the individual’s immediate supervisor or your local People & Experience representative.
Last Updated: August 7, 2019