DRAFT v0.1 — FOR ATTORNEY REVIEW ONLY. NOT LEGAL ADVICE. NOT YET EFFECTIVE.
Last updated: [EFFECTIVE DATE] · Version: 0.1-DRAFT
DRAFTING NOTE TO COUNSEL (REMOVE BEFORE PUBLICATION): This first draft describes Cannvas's intended age-verification approach for a cannabis-adjacent consumer product. Age-verification, data-minimization, biometric, and recordkeeping requirements vary by state and are evolving; confirm the specific mechanism, retention periods, and any third-party verifier and biometric-consent obligations with counsel before launch. Align defined terms and cross-references with the Consumer Terms of Use, Privacy Policy, and Ratings/UGC Terms.
1.1. This Age Verification & 21+ Policy (the "Policy") explains how Cannvas, LLC (d/b/a "Cannvas," "we," "us," or "our") restricts access to its consumer-facing applications and websites (the "Consumer Apps") and related services (collectively, the "Service") to adults, and how Cannvas verifies age and, for certain actions, identity.
1.2. This Policy is part of, and is incorporated by reference into, the Cannvas Consumer Terms of Use (the "Consumer Terms") and should be read together with the Cannvas Privacy Policy and, where applicable, the Ratings/UGC Terms and the Loyalty & Rewards Program Terms. Capitalized terms not defined here have the meanings given in the Consumer Terms. "Consumer" or "you" means an individual who accesses the Consumer Apps.
2.1. THE CONSUMER APPS ARE STRICTLY INTENDED FOR, AND MAY ONLY BE ACCESSED AND USED BY, ADULTS WHO ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE — OR THE HIGHER MINIMUM AGE REQUIRED BY THE LAW OF YOUR STATE OR JURISDICTION OF RESIDENCE OR ACCESS (THE "MINIMUM AGE").
2.2. THE CONSUMER APPS ARE NOT DIRECTED TO, AND ARE NOT INTENDED FOR USE BY, ANYONE UNDER THE MINIMUM AGE. IF YOU ARE UNDER THE MINIMUM AGE, DO NOT ACCESS OR USE THE CONSUMER APPS, DO NOT ATTEMPT TO ENROLL IN ANY PROGRAM, AND DO NOT SUBMIT ANY INFORMATION TO US.
2.3. By accessing or using the Consumer Apps, you represent and warrant that you are at least the Minimum Age and that all information you provide is true and accurate.
3.1. The Consumer Apps present information and features relating to cannabis and the cannabis marketplace. Because cannabis is an age-restricted, highly regulated subject, and because state cannabis and advertising laws and platform policies require age-gating of cannabis-related content and offers, Cannvas restricts access to adults who meet the Minimum Age. For example, Michigan's Cannabis Regulatory Agency marketing rule (Mich. Admin. Code R. 420.507) prohibits marketing or advertising marihuana to persons under 21, prohibits marketing unless the person has reliable evidence that no more than 30% of the audience is reasonably expected to be under 21, and prohibits deceptive, false, or misleading marketing or advertising; the Minimum Age gate and Cannvas's content and copy practices are designed to support compliance with such rules (and analogous rules in other states). Cannvas maintains this age restriction even though Cannvas does not sell cannabis (see Section 10).
4.1. Neutral date-of-birth entry. Before accessing age-restricted areas of the Consumer Apps, users are required to complete an age gate that requests the user's full date of birth (day, month, and year) through a neutral entry mechanism. Cannvas does not use a simple "Are you 21?" yes/no button or a pre-filled or default date, because a neutral date-of-birth entry is a stronger, more defensible verification step.
4.2. Blocking under-age users. If the date of birth entered indicates the user is under the Minimum Age, access is denied and the user is not permitted to proceed. Cannvas may apply reasonable measures to limit repeated or manipulative re-entry attempts (for example, session or device-level limits) consistent with the Privacy Policy.
4.3. Recordkeeping. For compliance and audit purposes, Cannvas maintains auditable records of age-gate events, which may include a timestamp, the outcome (pass/fail), and the version of this Policy and/or age-gate presented at the time, together with limited technical metadata, all handled in accordance with the Privacy Policy and Section 8 below. Cannvas retains such records only as long as reasonably necessary for compliance, audit, and legal purposes.
4.4. Layered controls. The age gate is one layer of a layered, auditable approach. Cannvas may reasonably supplement it with additional signals (such as device or location signals or repeat-attempt detection) to reduce circumvention, and with the enhanced verification described in Section 5 for higher-risk actions.
5.1. Certain higher-risk actions — including, without limitation, enrolling in the Cannvas Loyalty & Rewards Program, earning or redeeming Points or Rewards, and receiving certain offers or communications — may require enhanced age and/or identity verification beyond the initial age gate.
5.2. Third-party verification. Enhanced verification may be performed by Cannvas and/or by a reputable third-party age- or identity-verification provider and may involve methods such as verification against authoritative or public records, government-issued identification document checks, and/or other identity-proofing methods. Cannvas may condition enrollment, earning, redemption, or continued participation on successful completion of such verification and may deny or revoke access, Points, or Rewards if age or identity cannot be verified to Cannvas's reasonable satisfaction.
5.3. Cannvas selects the level of verification proportionate to the risk of the action and applicable legal requirements, and may update its verification methods and providers over time. [FLAG FOR COUNSEL: confirm the specific third-party verifier(s), the data flows and contractual/privacy terms with each verifier, whether any method implicates biometric-information laws (e.g., document/selfie matching) and related notice-and-consent requirements, and the exact enhanced-verification triggers by state.]
6.1. CANNVAS DOES NOT KNOWINGLY PERMIT ANY PERSON UNDER THE MINIMUM AGE TO ACCESS OR USE THE CONSUMER APPS, CREATE AN ACCOUNT, ENROLL IN ANY PROGRAM, EARN OR REDEEM ANY POINTS OR REWARDS, OR SUBMIT ANY RATINGS OR OTHER CONTENT.
6.2. Access by anyone under the Minimum Age is a violation of this Policy and the Consumer Terms.
7.1. IF CANNVAS DETERMINES OR REASONABLY SUSPECTS THAT A USER IS UNDER THE MINIMUM AGE, OR HAS MISREPRESENTED OR FALSIFIED AGE, IDENTITY, LOCATION, OR ELIGIBILITY, CANNVAS MAY, WHERE PERMITTED BY LAW AND WITHOUT NOTICE OR LIABILITY: (a) DENY OR REVOKE ACCESS; (b) SUSPEND OR TERMINATE THE ACCOUNT AND ANY PROGRAM MEMBERSHIP; (c) FORFEIT AND CANCEL ALL POINTS AND UNREDEEMED REWARDS; (d) REMOVE ANY SUBMITTED CONTENT; AND (e) TAKE ANY OTHER ACTION PERMITTED UNDER THE CONSUMER TERMS OR APPLICABLE LAW.
7.2. Providing false age or identity information is a material breach of the Consumer Terms.
8.1. To operate the age gate and any enhanced verification, Cannvas (and, where applicable, its third-party verification provider) may collect and process information such as date of birth, age-gate event records (timestamp, outcome, policy/version), and, for enhanced verification, identity information and/or government-ID or record-check results as described in the Privacy Policy.
8.2. Data minimization and retention. Cannvas is committed to collecting only the information reasonably necessary to verify age and, where applicable, identity, and to retaining verification data only as long as reasonably necessary for compliance, audit, fraud-prevention, and legal purposes, after which it is deleted or de-identified in accordance with the Privacy Policy. Where a third-party verifier is used, Cannvas seeks to receive only a verification result or the minimum data necessary, rather than retaining full identity documents itself, where feasible. [FLAG FOR COUNSEL: set specific retention periods; confirm whether ID images/biometrics are retained by Cannvas or only by the verifier, and confirm consistency with the Privacy Policy and applicable state privacy/biometric laws.]
8.3. The Cannvas Privacy Policy governs all collection, use, disclosure, retention, and security of information described in this Policy. Please review the Privacy Policy for details, including your privacy rights and choices.
9.1. The Consumer Apps are not directed to children or to anyone under the Minimum Age, and Cannvas does not knowingly collect personal information from anyone under the Minimum Age (and does not knowingly collect personal information from children under 13, or under 16 where applicable).
9.2. If Cannvas learns that it has collected personal information from a person under the Minimum Age (or from a child in violation of applicable children's-privacy law), Cannvas will promptly delete or de-identify that information and terminate any associated access or account, consistent with the Privacy Policy and applicable law.
9.3. If you believe a person under the Minimum Age has provided information to Cannvas, please contact us at [email protected] so we can take appropriate action.
10.1. CANNVAS IS ANCILLARY SOFTWARE. CANNVAS DOES NOT SELL, DISTRIBUTE, DELIVER, OR OFFER TO SELL CANNABIS OR ANY CANNABIS PRODUCT. Any purchase of cannabis or cannabis products occurs solely through licensed dispensaries or retailers and is not conducted by or through Cannvas.
10.2. THIS POLICY GOVERNS ACCESS TO THE CONSUMER APPS ONLY. IT IS NOT, AND DOES NOT REPLACE, THE AGE OR IDENTITY VERIFICATION THAT A LICENSED DISPENSARY OR RETAILER IS REQUIRED TO PERFORM AT THE POINT OF SALE OR DELIVERY. Cannvas does not verify purchasers on behalf of, and does not act as the age/identity verifier for, any dispensary, retailer, or licensee. Dispensaries and retailers are solely responsible for conducting their own government-ID checks and age verification at the point of sale and/or delivery as required by applicable law. Cannvas's age gate and any enhanced verification are for access to the Consumer Apps and Cannvas's own features and are not a substitute for point-of-sale verification.
11.1. Cannvas may update this Policy at any time. The "Last updated" date reflects the most recent changes, and Cannvas records the version presented at each age-gate event (Section 4.3). Cannvas will provide notice of material changes as required by applicable law and/or through the Consumer Apps. Continued use of the Consumer Apps after changes become effective constitutes acceptance of the updated Policy.
Questions about this Policy or age verification may be directed to:
Cannvas, LLC (d/b/a "Cannvas")
[NOTICE ADDRESS]
Email: [email protected]