12 O’Cake! understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of Our Site.
“Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 11, below.
“Our Site” means this website, https://12ocake.com
“USA, UK and EU Cookie Law” Means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015.
“We/Us/Our” means 12 O’Cake, a company registered in America, whose registered address is 305 Fifth Ave, Suite 2001, New York, New York, 10016
2. Information About Us
Our Site https://12ocake.com is owned and operated by 12 O’Cake, a company registered in America, whose registered address is 4715 Sheboygan Ave, Madison, WI 53705.
3. Scope – What Does This Policy Cover?
4. What Data Do We Collect?
Depending upon your use of Our Site, We may collect some or all of the following data:
Name, business/company name, contact and shipping information such as address, email addresses and telephone numbers, recipient’s name and address, demographic information such as country, IP address (automatically collected), web browser type and version (automatically collected), operating system (automatically collected), a list of URLs starting with a referring site and your activity on Our Site.
5. How Do We Use Your Data?
All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). For more details on security see section 6, below.
We use your data to provide the best possible products and services to you. This includes:
Providing and managing your Account, Providing and managing your access to Our Site, Personalizing and tailoring your experience on Our Site, Supplying Our products and services to you, Personalizing and tailoring Our products and services for you, Responding to communications from you, Supplying you with email newsletters that you have subscribed to (you may unsubscribe or opt-out at any time by following the unsubscribe links in the newsletter emails or filling out an unsubscribe form here), Analyzing your use of Our Site and Our Application and gathering feedback to enable Us to continually improve Our Site and your user experience.
In some cases, the collection of data may be a statutory or contractual requirement, and We will be limited in the products and services We can provide you without your consent for Us to be able to use such data.
With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email AND/OR telephone with information, news and offers on Our products AND/OR services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights.
We will only process your personal data if at least one of the following basis applies:
- you have given consent to the processing of your personal data for one or more specific purposes
- processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract
- processing is necessary for compliance with a legal obligation to which we are subject
- processing is necessary to protect the vital interests of you or of another natural person
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
- processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
6. How and Where Do We Store Your Data?
We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it. In any event, We will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy.
When using Our Site some or all of your data is stored in USA and transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements.
Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.
Steps We take to secure and protect your data include:
- Strict Security Guidelines for our Personel
- HTTPS and HSTS
- Encrypted personal login details
- We do not store any payment card data in payment card terminals, our server or other unprotected endpoint devices, such as PCs, laptops or smart phones
Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.
7. Do We Share Your Data?
We may share your data with other companies in Our group.
We may contract with third parties to supply services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law. We currently contract with:
Namecheap (Hosting and storage)
Private Email (Contact Email)
We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymized and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.
7.1 How Can You Control Your Data?
When you submit information via Our Site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details AND/OR by managing your Account).
8. What Happens If Our Business Changes Hands?
9. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it
You may access most areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site (like placing an order) you may be required to submit or allow for the collection of certain data.
You may withdraw your consent for Us to use your personal data as set out in section 5 at any time by contacting Us using the details set out in sections 14,16, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible products and services to you.
You may view the information we have on file for you by logging into your 12 O’Cake! account. In addition, if your information changes, you may correct, update, amend, remove, or ask to have it removed by making the change on your user account settings page HERE or by emailing our Customer Support Team at email@example.com or by contacting us by phone at 888-987-9474. We will respond to your request within 48 hours.
10. How Can You Access Your Data?
You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details at firstname.lastname@example.org, or using the contact details below in section 14.
11. What Cookies Do We Use and What For?
By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We use third party Cookies on Our Site for analytics and support. We use third party Cookies for monitoring and support. For more details, please refer to section 5, above, and third party cookie list below. These Cookies are not integral to the functioning of Our Site.
All Cookies used by and on Our Site are used in accordance with current USA and EU Cookie Law.
First party cookies when using Our Site:
- PHP Session (PHPSESSID, STSID224332, GSIDvXicuY7neuZX, _ga, _gid, _gat, _shcp_, _shcp_pro_, _uetsid, tos, referer, cid, STSD224332, country, trustedsite_session) : These cookies are used to track important logical information for the smooth operation of the site.
Third party cookies when using Our Site:
- Google Analytics (__utma, __utmb, __utmc, __utmz, __utmv, TDCPM, TDID, U, APISID, DV, HSID, IDE, NID, OGPC, SAPISID, SID, SIDCC, SSID, UULE, 1P_JAR) : These cookies are used by Google to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
- Paypal Tracking (44907, AKDC, AV894Kt2TSumQQrJwe-8mzmyREO,DPz73K5mY4nlBaZpzRkjI3ZzAY3QMmrP, KHcl0EuY7AKSMgfvHl7J5E7hPtK, Obsh1bpwTE8slCzy4X2PwOLmhre, PYPF, X-PP-ADS, X-PP-K, _ga, analytics, consumer_display, cookie_check, feel_cookie, fn_dt, id_token, login_email, navlns, nsid, rmuc, s_pers, tZOe4qQ5_3r9buKjQ6Jt9fugBxi, ts, ui_experience, x-csrf-jwt, x-pp-p, x-pp-s) : These cookies are used by Paypal to track visitors on our site. We use the information to compile order information and process the orders if Paypal is chosen as a payment option.
- Bing Analytics (MUID, MR) : These cookies are used by Bing to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
- Listrack Tracking (ltkmodal-impression-380c562a-3d28-4bdc-96b1-d4f394ce0c7d, ltkmodal-suppression-380c562a-3d28-4bdc-96b1-d4f394ce0c7d, AWSELB, b576d9d4-7a56-4114-85a7-c72423fac3e6, gsid, scasid) : These cookies are used by Listrack to track how visitors use our site. We use the information to send email order confirmations, abandoned cart reminders, review reminders, and reward/loyalty notifications.
Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, as detailed below, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalization settings.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
12. Summary of Your Rights under GDPR Under the GDPR, you have:
- 12.1 the right to request access to, deletion of or correction of, your personal data held by Us
- 12.2 the right to complain to a supervisory authority; be informed of what data processing is taking place
- 12.3 the right to restrict processing; the right to data portability; object to processing of your personal data
- 12.4 rights with respect to automated decision-making and profiling (see section 13 below).
13. Automated Decision-Making and Profiling
In the event that We use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on You, You have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from Us.
The right described above does not apply in the following circumstances:
- The decision is necessary for the entry into, or performance of, a contract between the You and Us
- The decision is authorized by law; or
- You have given you explicit consent.
Where We use your personal data for profiling purposes, the following shall apply:
- Clear information explaining the profiling will be provided, including its significance and the likely consequences
- Appropriate mathematical or statistical procedures will be used
- Technical and organizational measures necessary to minimize the risk of errors and to enable such errors to be easily corrected shall be implemented; and All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling
14. Contacting Us
Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).