YOU AGREE AND CONSENT TO RECEIVE TEXT MESSAGE NOTIFICATIONS, EMAILS, OR OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE. TO THE EXTENT YOU SEND A MESSAGE GOVERNED BY THE TELEPHONE CONSUMER PROTECTION ACT OR THE CAN-SPAM ACT THROUGH THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DECOPAC PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE DECOPAC PARTIES IN CONNECTION WITH YOUR FAILURE TO OBTAIN PROPER CUSTOMER OR POTENTIAL CUSTOMER CONSENT TO RECEIVING TEXT MESSAGES, EMAILS, OR NOTIFICATIONS THAT ARE SENT VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND THE CAN-SPAM ACT.
I. Information We Collect
We collect information from You when You use the Service, contact or interact with us, sign up for our newsletter or other mailing list, and voluntarily provide us with Your comments and other content in connection with using the Service.
As part of your access to and use of the Service, We may collect Your name, email address, and any other information you voluntarily provide on the Service. We may associate this information with products and other works you create using the Service.
When You contact us, We may collect Your email address and any other information that You voluntarily provide to us. If you sign up for our newsletter or other mailing list, we will collect Your email address. When calling us, your telephone number and name may be collected.
When You order and/or purchase goods through the Service, We may collect Your name, billing address, shipping address, billing zip code, credit card number, credit card expiration date, CVV, email address, and other information sufficient for Cakes.com Providers to accept and process Your cake or bakery food item order and/or Our payment processor to process Your transaction on DecoPac.com and provide fraud screening, information security, and compliance.
When You access and use the Service, We automatically collect information regarding You and Your device, including Your device’s Internet Protocol address, the domain name of Your Internet service provider, Your location, Your mobile device information (e.g. device model and operating system version), Your page visits, Your activity on our Service, Your social sharing activity, and aggregated information that cannot be used to specifically identify You. Additional information collected is described in the Analytics and Cookies sections below.
We may collect information about You from third party sources. The Service provides links to our Facebook, Instagram, Pinterest, YouTube, and Twitter pages. If You connect with these websites through the Service, We may receive personal information about You. We may also collect information about you from supplier, bakery companies, or Cakes.com Providers.
Cakes.com end user collection
II. How We Use Your Information
We use the information that We collect for several purposes, including:
- The purposes for which You provide it;
- To provide the products You ordered (including, but not limited to, confirming Your order, processing and shipping Your purchase, notifying You about updates to our Service, and providing You with additional information about products);
- To create or add to Your registered account;
- To provide information and services to You;
- To process and respond to Your inquiries and comments;
- To process payment transactions (Your information will be used to submit Your payment information to our payment processor);
- To send You text messages about Your order status;
- To display relevant advertising;
- To send You information about Your relationship with us or about new projects or other information that we think You may find interesting;
- To contact You for market research purposes and to use this information to customize the Service according to Your interests;
- To administer, operate, and improve the Service or to further the mission of DecoPac;
- To personalize and enhance Your experience using the Service;
- To send periodic emails. If You choose, the email address You provide may be used to send You occasional news, updates, related product or service information, etc. Note: If at any time You would like to unsubscribe from receiving future marketing emails, We include detailed unsubscribe instructions at the bottom of each email;
- To generate and review reports and data about our user base and Service usage patterns;
- To analyze the accuracy, effectiveness, usability or popularity of the Service;
- To compile aggregate data for internal and external business purposes;
- To prevent fraud and abuse of the Service and to otherwise protect users and visitors and our business;
- To assist law enforcement and respond to subpoenas; and
III. Legal Bases for Processing your Information (For Users in European Union)
A. Performance of a Contract
The use of Your personal information may be necessary to perform the agreement You have with us to provide You with bakery goods, services, and other products. We use Your data to complete Your order, to register and maintain Your account information, and to respond to Your requests.
B. Legitimate Interests
We use Your personal information for our legitimate interests. We rely on our legitimate interest to compile and maintain order history from users who register with Us, to deliver products and goods to our users, to administer, analyze and improve our services and the content on the Service, to operate our business including through the use of service providers and subcontractors (who may have access to Your data – see further under the section How Your Information is Disclosed), to send You notifications about our services, for archiving, records keeping, statistical and analytical purposes, or to use Your personal information for administrative, fraud detection, audit, training, security, or legal purposes.
Where other lawful bases are not available for the processing of Your personal information, we may rely on Your consent as the legal basis for the collection and use of Your personal data. You are free to withdraw Your consent at any time, subject to the Your Choices Regarding Your Information section below and the preceding Legal Bases for Processing Your Information in this Section.
D. Compliance with Legal Obligations
We may use Your personal information to comply with legal obligations to which We are subject, including to comply with legal process.
III. How Your Information is Disclosed
- CafeX. We use CafeX to assist Us in communicating directly with Customers or Cakes.com Providers on the Service by linking Our chat services with our customer support. By communicating with Us using the chat function, CafeX may collect any information that you voluntarily provide in the chat window. For more information on the information CafeX will collect, please visit: https://www.cafex.com/en/legal/privacy-policies/live-assist-dynamics-365-privacy-policy/.
- Instagram. By clicking on the Instagram button on the Service, You will be automatically transported to the official Instagram Page for DecoPac, https://www.instagram.com/Deco....
Pinterest. By clicking on the Pinterest button on the Service, You will automatically be transported to one of the official Pinterest Pages for DecoPac, https://www.pinterest.com/Deco... or https://www.pinterest.com/cake....
- Twilio. Twilio is a communications company that DecoPac uses to facilitate Customers’ orders on the Service from cellular devices and to provide notifications related to the Service by text messaging, including but not limited to notifications regarding order confirmation, order acceptance, and an order being ready for pick up. In using Our Service, Twilio may collect information about Your communications. For more information on how Twilio collects Your data, please visit https://www.twilio.com/legal/privacy and https://www.twilio.com/legal/privacy/developer and https://www.twilio.com/legal/tos#our_use.
- Twitter. By clicking on the Twitter button on the Service, You will automatically be transported to the official Twitter feed of DecoPac, @DecoPac, https://twitter.com/DecoPac.
- YouTube. By clicking on the YouTube button on the Service, You will automatically be transported to one of the official YouTube Channels of DecoPac, https://www.youtube.com/DecoPa... or https://www.youtube.com/cakescom. YouTube may collect information about Your video usage.
C. Business Changes. If We become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction or if the ownership of all or substantially all of our business otherwise changes, We may transfer Your information to a third party or parties in connection therewith.
D. Bakeries/Cakes.com Providers. When You place an order on Cakes.com, we may provide Your contact information, Your order information (including any photograph that You upload to be printed on a cake), and other contact information to the Cakes.com Provider that You select to make Your cake or other bakery food items and the Cakes.com Provider’s affiliates.
F. Investigations and Law. We may disclose information about You to third parties if We believe that such disclosure is necessary to:
- Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
- Investigate, prevent or take action regarding suspected illegal activities, suspected fraud, the rights, reputation, safety, and property of us, users or others, or violations of our policies or other agreements with us;
- Respond to claims and legal process (for example, subpoenas); and/or
- Protect against legal liability.
G. Aggregated Information. We may share aggregated information relating to users of the Service with affiliated or unaffiliated third parties. This aggregated information does not contain personal information about any user.
- CrazyEgg. We use CrazyEgg to analyze how users use the Service, including to determine what links are popular and what pages have the most users scroll through them. For more information on the information CrazyEgg will collect, please visit: https://www.crazyegg.com/privacy.
We may deliver advertisements to You. We may work with third-party advertising companies that help deliver these advertisements to You. To learn more about third-party online advertising and to opt out of certain types of advertising, please see http://www.networkadvertising.org/managing/opt_out.asp.
I. Cookies and Other Tracking Technologies
Cookies are small files that are transferred to and stored on Your computer through Your Web browser (if You allow it) that enable the website’s or service provider’s system to recognize Your browser and capture and remember certain information. You can instruct Your browser to stop accepting cookies. But if You do not accept cookies, You may not be able to use all portions or all functionality of the Service. Additionally, note that clearing cookies from Your browser will remove some opt-outs that are stored in cookies.
- Persistent cookies remain on the visitor’s computer after the browser has been closed.
- Session cookies exist only during a visitor’s online session and disappear from the visitor’s computer when they close the browser software.
Flash cookies (also known as local shared objects) are data files that can be created on Your computer by the websites You visit and are a way for websites to store information for later use. Flash cookies are stored in different parts of Your computer from ordinary browser cookies. You can disable the storage of flash cookies. For additional information about managing and disabling flash cookies, please visit http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
Web beacons are small strings of code that provide a method for delivering a graphic image on a Web page or in an email message for the purpose of transferring data. You can disable the ability of Web beacons to capture information by blocking cookies.
We implement a variety of security measures to protect the safety of Your personal information when You enter, submit, or access Your personal information to make shopping at DecoPac a safe as well as enjoyable experience for our valued customers. Please keep Your account password secure to help ensure the safety of Your personal information. Credit card information You provide through the Service is transmitted to our credit card processor, is processed offsite, and is transmitted using Transport Layer Security (TLS) encrypted channels.
While We take reasonable measures to protect the information You submit via the Service against loss, theft and unauthorized use, disclosure, or modification, We cannot guarantee its absolute security. No Internet, email, or mobile application transmission is ever fully secure or error free. Email or other messages sent through the Service may not be secure. You should use caution whenever submitting information through the Service and take special care in deciding which information You provide us.
We cannot guarantee that transmissions of Your personal information will be fully secure and that third parties will never be able to defeat our security measures or the security measures of our partners. WE ASSUME NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD PARTY ACCESS, OR CAUSES BEYOND OUR CONTROL.
Any information collected through the Service is stored and processed in the United States. If You use our Service outside of the United States, You consent to have Your data transferred to the United States.
VI. Data Retention Policy, Managing Your Information
We will retain Your information for as long as You use the Service and for a reasonable time thereafter. We may maintain anonymized or aggregated data, including usage data, for analytics purposes. We may retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and/or for the period required by laws in applicable jurisdictions. Please note that some or all of the information We have collected may be required for the Service to function properly.
VII. Links to Other Websites or Applications
VIII. Your Choices Regarding Your Information
You have choices regarding the use of information by the Service.
- Changing Your Information
- To change Your information, on Cakes.com, You may login to Your account's control panel and go to the My Account page. If You are unable to login to Your account, please contact us at Web.Cakes@decopac.com.
- To change your information on DecoPac.com, You may login to Your account’s control panel and go to the My Account page. If you are unable to login to Your account, please contact us at firstname.lastname@example.org.
- Closing Your Account
You may close Your account on Cakes.com by contacting us at Web.Cakes@decopac.com. If the email account associated with Your email address is not active, we may close Your account without notice.
- You may close Your account on DecoPac.com by contacting us at email@example.com. If the email account associated with Your email address is not active, we may close Your account without notice.
- Withdrawing Consent - If You are an individual residing in the EU, and You provided Your consent for any particular processing of Your personal information, You have the right to withdraw Your consent to our processing of Your information any time by requesting that Your personal information be deleted. See further under the section EU Privacy Rights below. This deletion is permanent and Your information cannot be reinstated. To proceed with this request, please email Privacy@decopac.com.
IX. EU Privacy Rights
Users based in the European Union have the following legal rights in respect of their information:
- The right to require DecoPac to confirm whether or not their information is being processed, the purpose of any such processing, the recipients of any information that has been disclosed, the period for which their information is to be stored and whether any automated decision-making processes are used in relation to their information;
- The right to require DecoPac to rectify inaccurate information without undue delay;
- The right to request the erasure of their information. Subject to certain conditions, DecoPac may be required to erase the information in response to such request where:
- the information is no longer necessary in relation to the purpose for which it was collected, such as where a user chooses to terminate his or her use of the Service;
- where the processing of the information is based on the user’s consent (and the other circumstances described in the Legal Bases for Processing Your Information and How Your information is Disclosed sections above no longer apply), if the user withdraws his or her consent; or
- the user objects to the processing of his or her information and there are no overriding legitimate grounds for the processing.
- Where DecoPac has disclosed the information of a European Union user to a third party and the user requests the erasure or rectification of the data, DecoPac will take all reasonable steps to inform the third party of such request.
- The right to restrict DecoPac from processing their information in certain circumstances, such as where the accuracy of that information is disputed or an objection has been raised (see below). In such circumstances, DecoPac will only process that information with the express consent of the user, or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest;
- The right to receive their information from DecoPac in a structured, commonly used and machine-readable format;
- The right to object to the processing of their information by DecoPac where:
- DecoPac has relied on the ‘legitimate interest’ basis for processing that information, in which case We will immediately stop processing the user’s information unless We have compelling legitimate grounds which override the interests, rights and freedoms of the user; or
- the information is used for direct marketing purposes, in which case We will immediately stop processing the user’s information for such purposes.
- The right to lodge a complaint with the data protection supervisory authority of the EU member state where the user resides.
- The above legal rights are subject to various conditions and exceptions including where the data is used for statistical or scientific research purposes and the exercise of the right would prevent such purposes from being attained or would seriously impair their attainment.
X. Information Collected From Other Websites and Mobile Applications and Do Not Track Policy
Your browser or device may offer You a “Do Not Track” option, which allows You to signal to operators of websites, web applications, mobile applications and services (including behavioral advertising services) that You do not wish such operators to track certain of Your online activities over time and/or across different websites or applications. Our Service does not support Do Not Track requests at this time, which means that We or our analytics providers or other third parties with which We are working may collect information about Your online activity both during and after Your use of the Service even if You select “Do Not Track”.
Our Service is not intended for children under 16 years of age. We do not knowingly collect personal information from an individual under age 16. If You are under the age of 16, please do not submit any personal information through the Service. If You have reason to believe that We may have accidentally received personal information from an individual under age 16, please contact us immediately at Privacy@decopac.com.
XIII. How to Contact Us
XIV. Your California Privacy Rights
Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at Privacy@decopac.com or by writing us at DecoPac, Inc., 3500 Thurston Avenue, Anoka, MN 55303