Privacy Policy

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 CelebrationIQ Providers to accept and process Your cake or bakery food item order and/or Our payment processor to process Your transaction on DecoPac.com or Cakes.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 CelebrationIQ Providers.

We may combine all of the information we collect from or about you and use it in the manner described in this Privacy Policy.

Cakes.com and CelebrationIQ Webpages end user collection

If You are an end-user customer connecting directly to Cakes.com and/or the CelebrationIQ Webpages to order a cake or bakery food item, We may collect your name, address, phone number, device information, and any other information necessary to complete the transaction or as described in this Privacy Policy. When You place an order for a cake or bakery food item, we may also collect any other information that you provide in the order process, including any photos or other messaging that you intend to have printed on the cake.

We use the information that We collect for several purposes, including:

1. The purposes for which You provided it;
2. 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 our products);
3. To create or add to Your registered account;
4. To provide information and services to You;
5. To process and respond to Your inquiries and comments;
6. To process payment transactions (Your information will be used to submit Your payment information to our payment processor);
7. To send You text messages about Your order status;
8. To display relevant advertising;
9. To send You information about Your relationship with us or about new projects or other information that we think You may find interesting;
10. To contact You for market research purposes and to use this information to customize the Service according to Your interests;
11. To administer, operate, and improve the Service or to further the mission of DecoPac;
12. To personalize and enhance Your experience using the Service;
13. 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;
14. To generate and review reports and data about our user base and Service usage patterns;
15. To analyze the accuracy, effectiveness, usability or popularity of the Service;
16. To compile aggregate data for internal and external business purposes;
17. To prevent fraud and abuse of the Service and to otherwise protect users and visitors and our business;
18. To assist law enforcement and respond to subpoenas; and
19. To perform other business activities as needed, or as described elsewhere in this Privacy Policy.
20. As explained elsewhere in this Privacy Policy, personal information We collect may be processed by our partners in providing services related to the Service (such as administration services, technical services relating to the maintenance, servicing, and upgrading of software, hosting services, customer service, data migration services, payment processing services, and analytical services, among others).

1. 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.

2. 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.

3. Consent

   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.

4. 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.

Information may be disclosed to third parties in accordance with our Privacy Policy. Please note that a user may choose not to share certain information as described in the Analytics section below.

1. Third Party Service Providers and Business Partners.

   We may use third party service providers and business partners to perform functions in connection with the Service, such as email marketing, e-commerce operations, product shipping, site analytics, social sharing, relationship management, functions related to analyzing and improving the Service usefulness, reliability, user experience, and operation, data storage, and as otherwise described in this Privacy Policy. We also may share Your personal information with these providers and partners for their direct marketing and promotional purposes and so they can provide services to You.

   1. AddThis.

      We use AddThis to understand how many people share content from our Service and to understand what content is more likely to be shared. For more information on the information that AddThis will collect, please visit the AddThis privacy policy: http://www.addthis.com/privacy.

   2. American Help Desk.

      We use American Help Desk to provide after-hours customer technical support for the Services. If You use after-hours support, American Help Desk may collect your name, email address, mailing address, phone number, and any other information that you voluntarily provide. For more information about American Help Desk, please visit its privacy policy at: https://americanhelpdesk.com/privacy-policy.htm.

   3. Bing Ads.

      We use Bing Ads, by Microsoft, to provide You with relevant advertising as You visit our Service. For more information on what Bing Ads will collect, please visit the Bing Ads privacy policy: https://privacy.microsoft.com/en-us/PrivacyStatement.

   4. DoubleClick/Google Ad Manager/Google Campaign Manager 360.

      We use DoubleClick/Google Ad Manager/Google Campaign Manager 360 to improve advertising and manage digital campaigns across the Service. DoubleClick/Google Ad Manager/Google Campaign Manager 360 is a Google/Alphabet service. For more information on the information DoubleClick will collect, please visit: https://support.google.com/dfp_premium/answer/2839090?hl=en&ref_topic=7395141. https://support.google.com/ads/answer/2662922?hl=en&ref_topic=7048998 or http://optout.networkadvertising.org/#!/.

   5. Facebook.

      By clicking on the Facebook button on the Service, You will be automatically transported to one of the official Facebook Pages for DecoPac, http://www.facebook.com/decopac or http://www.facebook.com/cakescom. https://www.facebook.com/about/privacy/.

   6. Facebook Connect.

      We use Facebook Connect to facilitate single sign on for our users. By using Facebook Connect, We may be able to retrieve Your full name, pictures, wall posts, friend information, and other available Facebook content. For more information on what information may be available from or collected by Facebook, please visit the Facebook privacy policy: https://www.facebook.com/about/privacy/.

   7. Facebook Custom Audience.

      We use Facebook Custom Audience for marketing and behavioral targeting. Facebook Custom Audience links the activity of this Service with the Facebook advertising network. Please visit the Facebook privacy policy for more information: https://www.facebook.com/about/privacy/.

   8. Google Maps.

      The Service may have embedded Google Maps. Google may collect information from you when you use the embedded Maps. For more information, please review the Google Maps API Terms of Use: https://developers.google.com/maps/terms.

   9. 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/DecoPac/.

   10. 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/DecoPac/ or https://www.pinterest.com/cakescom/.

   11. 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.

   12. 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.

   13. 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/DecoPac or https://www.youtube.com/cakescom.

   14. Jotform.

       We use Jotform to create custom online forms for lead generation and for CelebrationIQ Provider account set-up. For more details regarding what information may be collected by Jotform, please visit: https://www.jotform.com/privacy/.

   15. Cognito Forms.

       We use Cognito Forms for visitors on our Websites to contact Us and provide feedback regarding the Websites to improve the Services. For more information, please visit: https://www.cognitoforms.com/legal/privacy.

   16. OptinMonster.

       We use OptionMonster for marketing to visitors while on Our Websites, including in page marketing and personalization as well as to add pop-ups, banners, and other content and information for visitors on our Websites. For more information, please visit: https://optinmonster.com/privacy/.

   17. Amazon Web Services.

       Secure hosting of our Websites is essential to both Us and to You. We use Amazon Web Services, an industry leader in secure cloud-based hosting services, to protect the data from our Websites and users. For more information, please visit: https://aws.amazon.com/privacy/.

   18. Microsoft Azure.

       Secure hosting of our Websites is essential to both Us and to You. We use, Microsoft Azure, an industry leader in secure cloud-based hosting services, to protect the data from our Websites and users. For more information, please visit: https://www.microsoft.com/en-us/trust-center/privacy.

   19. QR Code Generator.

       We use QR Code Generator as a marketing and point of sale tool. By scanning the QR Code, You will be automatically directed to the Service and/or a digital catalog of products offered by the Service. For more information, please visit: https://www.qr-code-generator.com/company/privacy-policy/.

   20. Bitly.

       We use Bitly as a URL shortening service and a link management platform. By clicking on the Bitly link, You will be automatically directed to the Service. For more information, please visit: https://bitly.com/pages/privacy.

   21. SimpleTexting.

       We use SimpleTexting as a text message marketing platform and SMS service. In using the Service, SimpleTexting may collect information from You. For more information, please visit: https://simpletexting.com/privacy-policy/.

   22. ISSUU.

       We use ISSUU as a digital publishing platform to provide digital catalogs and as a tool to collect information about Your use of the Service and Your preferences and activities. For more information, please visit: https://issuu.com/legal/privacy.

   23. Userlytics.

       We use Userlytics for design testing for user experience on the Service. For more information, please visit:
       https://resources.userlytics.com/en/privacy-policy-testers/

2. Payment Processing.

   Any payment information You provide through the Service may be shared with and may be stored by our payment processor, Authorize.Net and is subject to its privacy policy, including in the case of data breach. You may review Authorize.Net's privacy policy at https://usa.visa.com/legal/privacy-policy.html. https://www.paypal.com/myaccount/privacy/privacyhub.

3. 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.

4. Bakeries/CelebrationIQ Providers.

   When You place an order on Cakes.com or the CelebrationIQ Webpages, 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 CelebrationIQ Provider that You select to make Your cake or other bakery food items and the CelebrationIQ Providerr's affiliates or to the Cakes.com supplier helping to fulfill your order through Cakes.com.

5. Affiliates.

   We may share Your information with our affiliates for purposes consistent with this Privacy Policy. Our affiliates will be required to maintain that information in accordance with this Privacy Policy.

6. Investigations and Law.

   We may disclose information about You to third parties if We believe that such disclosure is necessary to:

   1. Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
   2. 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;
   3. Respond to claims and legal process (for example, subpoenas); and/or
   4. Protect against legal liability.
7. 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.

8. Analytics.

   We use third-party analytics tools to better understand who is using the Service and how people are using it. These tools may use cookies and other technologies to collect information about Your use of the Service and Your preferences and activities. These tools collect information sent by Your device or the Service and other information that assists us in improving the Service. This information may be used to analyze and track data, determine the popularity of certain content, and better understand Your online activity, among other things.

   1. Active Campaign.

      We use Active Campaign to better understand how Our users are interacting with Our email marketing campaigns. Active Campaign uses cookies to collect and store information such as Service pages visited, email address, and checkout behavior. We use this information to improve the Service and as otherwise described in this Privacy Policy. Please see https://www.activecampaign.com/privacy-policy for information about how Active Campaign uses this information and for information about how to opt-out of Active Campaign targeted advertising.

   2. 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.

   3. Google Analytics.

      We use Google Analytics to better understand who is using the Service and how people are using it. Google Analytics uses cookies to collect and store information such as Service pages visited, places where users click, time spent on each Service page, Internet Protocol address, type of operating system used, location-based data, device ID, search history, gender, age, and phone number. We use this information to improve the Service and as otherwise described in this Privacy Policy. Please see http://www.google.com/policies/privacy/partners/ for information about how Google Analytics uses this information, and visit https://tools.google.com/dlpage/gaoptout for information about the Google Analytics Opt-out Browser Add-on. Google may track Your activity over time and across websites. We also participate in certain Google Advertiser features which may include Demographics and Interest Reporting, Remarketing, and Google Display Network Impression Reporting. These features use third-party cookies and other tracking mechanisms and allow us to market our products to You through advertisements on other websites. You can opt out of these Google features by downloading and installing Google's opt-out browser add-on.

   4. Hotjar.

      We use Hotjar to evaluate our visitors' behavior on the Service and to gather feedback related to user experience on the Service. Hotjar may collect heatmap analytics information, browser information, other hardware information, Your IP address, and other behavioral indicators on the Service. For more information, please visit Hotjar's privacy policy at: https://www.hotjar.com/legal/policies/privacy.

   5. New Relic.

      We use New Relic to better understand the performance of our Service on users' computer systems. New Relic gathers data regarding visitors' browsers, devices, and regions, how many visitors are interacting with each page, how long before the first click occurs, if there are any scripts that are causing performance issues, the time assets are taking to load, and if there are any other scripting errors associated with the Service. We use this information to improve the Service and as otherwise described in this Privacy Policy. Please see https://newrelic.com/termsandconditions/privacy for information about how New Relic uses this information and for information about how to opt-out of New Relic targeted advertising.

   6. Pingdom.

      We use Pingdom for website performance monitoring. Pingdom gathers data regarding click path, page loads and device type. We use this information to improve the Service and as otherwise described in this Privacy Policy. For more information, please see https://www.solarwinds.com/legal/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.

9. Cookies and Other Tracking Technologies.

   We, along with third parties, use cookies, local storage objects, Web beacons and other technologies. These technologies are used for tracking, analytics and personalization and optimization of the Service.

   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.

   1. Persistent cookies remain on the visitor's computer after the browser has been closed.
   2. Session cookies exist only during a visitor's online session and disappear from the visitor's computer when they close the browser software.
   3. 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.
   4. 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.
   5. We use cookies and other tracking technologies on the Service to help us understand and save Your preferences and interests so We can personalize Your future visits and compile aggregate data about website traffic and website interaction to offer better website experiences and tools in the future.
   6. Some of our business partners, such as our analytics providers, advertising networks, social sharing provider, and social media connections, also use cookies and other tracking technologies on our Service, some of which may track users across websites and over time.

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.

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.

This Privacy Policy applies only to the Service. The Service may contain links to other websites or apps or may forward users to other websites or apps that We may not own or operate and to which this Privacy Policy does not apply. The links from the Service do not imply that We endorse or have reviewed these websites or apps. The policies and procedures We describe here do not apply to these websites or apps. We neither can control nor are responsible for the privacy practices or content of these websites or apps. We suggest contacting these websites or app providers directly for information on their privacy policies. Nonetheless, we seek to protect the integrity of our Service, and welcome any feedback about these linked websites and mobile applications.

You have choices regarding the use of information by the Service.

1. Changing Your Information
   1. To change Your information, on the CelebrationIQ Webpages, 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 Cakes@decopac.com.
   2. 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 webcustomerservice@decopac.com.
2. Closing Your Account
   1. You may close Your account on the CelebrationIQ Webpages by contacting us at Cakes@decopac.com.
   2. You may close Your account on DecoPac.com by contacting us at webcustomerservice@decopac.com.
3. Withdrawing Consent
   1. 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.

Users based in the European Union have the following legal rights in respect of their information:

1. 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;
2. The right to require DecoPac to rectify inaccurate information without undue delay;

3. 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:

   1. 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;
   2. 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
   3. the user objects to the processing of his or her information and there are no overriding legitimate grounds for the processing.
4. 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.
5. 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;
6. The right to receive their information from DecoPac in a structured, commonly used and machine-readable format;

7. The right to object to the processing of their information by DecoPac where:

   1. 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
   2. the information is used for direct marketing purposes, in which case We will immediately stop processing the user's information for such purposes.
8. The right to lodge a complaint with the data protection supervisory authority of the EU member state where the user resides.
9. 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.

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.

We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this Privacy Policy periodically, and especially before You provide any information. This Privacy Policy was made effective on the date indicated above.

Please feel free to contact us by email at Privacy@decopac.com or by writing us at DecoPac, Inc., 3500 Thurston Avenue, Anoka, MN 55303 if You have any questions about this Privacy Policy.

Senate Bill No. 220 (May 29, 2019) amends Chapter 603A of the Nevada Revised Statutes to permit a Nevada consumer to direct an operator of an Internet website or online service to refrain from making any sale of any covered information the operator has collected or will collect about that consumer. You may submit a request pursuant to this directive by emailing us at Privacy@decopac.com.

Please see the Supplement for California Residents below. 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.