Effective date: December 23, 2020
Our privacy notice is available in PDF form
here.
At Nothing Bundt Cakes Franchising®, LLC d/b/a Nothing Bundt Cakes
("Nothing Bundt Cakes" or "we"),
we respect your privacy and are committed to protecting it.
This privacy notice has been drafted to explain how Nothing Bundt Cakes collects, uses, discloses, and
protects information that we collect about you and your rights with respect to that information.
This notice covers information we collect from or about you when you give it to us, visit our website,
visit
any of our locations, or interact with our advertisements. It also covers information that we may
receive
from other persons or companies who have received your information and can share it with us.
If in any case our privacy practices differ from those explained in this notice, we will let you know at
the
time we ask for or collect your information.
We may collect the following types of information about you, which we have grouped together
as follows:
- Identity Information.
Examples include first name, last name, marital status, title, date of birth and gender.
- Contact Information.
Examples include billing address, shipping address, email address and telephone numbers.
- Financial Information.
Examples include payment card details and other payment-related information.
- Transaction Information.
Examples include details about payments to and from you and other details of products and services
you have
purchased from us or one of our franchisees.
- Technical Information.
Examples include internet protocol (IP) address, your login information, browser type and version,
time zone setting and location, browser plug-in types and versions, operating system and platform,
and
other technology on the devices you use to access our website.
- Profile Information.
Examples include your username and password, purchases or orders made by you,
your favorite bakery, your interests, preferences, feedback and survey responses.
- Usage Information.
Examples include information about how you use our website, products and services.
- Marketing and Communications Information.
Examples include your preferences in receiving marketing from us and our third parties and
your communication preferences.
• Demographic Information and Preferences.
Examples include personal characteristics and preferences, such as your age, marital and
family status, number of children, shopping preferences, income level, languages spoken,
loyalty and rewards program information, household demographic data, data from social media
platforms, education and professional information, hobbies and interests and propensity
scores from third parties (likelihood of purchase, experiencing a life event, etc.).
- User Content.
Examples include photos,reviews,and other feedback that you provide to us on or through our
social media pages or websites about our products, locations, and services. If you choose to provide
User Content, it may be made available on public areas of our website or on or through our social
media channels.
Some of the information we collect about you may be personal information, or personal data,
that can be used to identify you including, for example, your name, email address, mailing
address or delivery address. In some jurisdictions, certain unique identifiers like IP
addresses and other usage or technical information may be considered personal information.
Personal information does not include data where your identity has been removed so that we
can no longer identify you (anonymous data), which we may use for any purpose.
Our website is a general interest website and is not intended for children under 13 years of
age. No one under the age of 13 may provide any personal information to or on the website.
We do not knowingly collect personal information from children under 13. If you are under
13, do not use or provide any information on this website, join our eClub, register for an
account on or through the website, make any purchases through the website, or use any of the
interactive or public comment features that may be on this website. If we learn we have
collected or received personal information from a child under 13 without verification of
parental consent, we will delete that information. If you believe we might have any
information from or about a child under 13, please
Contact us.
We collect information from and about you in the following ways:
- When you provide it to us.
You may give us
information about you by filling in forms or by communicating with us by email or otherwise.
For example, this may include information you provide when you register for an account,
subscribe to one of our newsletters or other communications, enroll in our eClub, place an
order, write a review, or when you otherwise contact us about our website, products, or
services. We may also collect information from you if you take one of our guest surveys or
otherwise provide us feedback.
- From our websites and emails.
As you interact
with our website, websites using our cookies, or our emails, we may automatically collect
Technical Information about your equipment, browsing actions and patterns. We collect this
information by using cookies, server logs, web beacons, and other similar technologies. Our
Cookies and automatic data collection technologies
section contains more information and options to control or opt-out of certain data
collection or uses.
- From others.
We may receive information about
you from third parties including, for example, our affiliated companies, business partners,
subcontractors, analytics providers, franchisees, and service providers. We may also receive
aggregated information about guests who visit our bakeries and Demographic Information from
commercially available sources such as data aggregators, public databases, and our other
service providers. If you purchase products from one of our franchisees or enroll in our
eClub at one of our franchisee’s locations, our franchisee may provide us with information
relating to your purchase. If someone orders one of our products online for delivery to you,
that person may provide us with your delivery information.
Our website uses automatic data collection technologies to distinguish you from other website
users. This helps us deliver a better and more personalized service when you browse our
website. It also allows us to improve our website by enabling us to:
- Estimate our audience size and usage patterns.
- Store your preferences so we may customize our website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our website.
We also may use these technologies to collect information about your online activities over
time and across third-party websites or other online services (behavioral tracking). For
more information, see the
Interest-based advertising
section of this privacy notice.
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies).
A cookie is a small file placed on the hard drive of your computer. For information about managing
browser
settings to refuse cookies, see
Your rights and choices.
- Web Session Variables.
Information that is passed from one web URL to another as you browse.
- Browser plug-ins/add ons.
We may make browser plug-ins or other add ons available for installation to enable certain
web features on our website. If we make these available, you have the option not to install these
components.
- Flash Cookies.
Certain features of our website may use Flash cookies (local stored objects) instead of browser
cookies
to collect and store information about your preferences and navigation to, from, and on the website.
For
information about managing Flash cookies see
Your rights and choices.
- Web Beacons.
Our website pages, advertisements,
and e-mails may contain small transparent embedded images or objects known as web beacons
(also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for
example, to count website page visitors or email readers, or to compile other similar
statistics such as recording website content popularity or verifying system and server
integrity. For information about managing web beacons, see
Your rights and choices.
Depending on which website this notice is posted on, we may use Google Analytics to provide
certain analytics services for us. More information about Google Analytics can be found in the
Google Analytics Terms of Service
and the
Google Analytics Privacy Policy.
Do Not Track
Do Not Track (DNT) is a privacy preference that users can set in certain web browsers. When a
user turns on DNT, the browser may send a signal or other message to web services requesting
that they "do not track" the user. At this time, we do not change our practices in response
to Do Not Track browser settings. For information about do not track, visit
www.allaboutdnt.org.
We may use your information to conduct our business operations including for the following purposes:
- To create and manage your account or to enroll you in our eClub.
- To provide you with products and services you request or purchase from us or one of our
franchisees, including through our eClub.
- To process payment for products or services.
- To allow you to enter a sweepstake, contest, promotion, other program that we may offer.
- To conduct market research.
- To develop and provide advertising tailored to your interest and to determine the effectiveness of
our advertising.
- To provide you with the information or support that you request from us, including to send you
newsletters.
- To improve our website, products or services, marketing,customer relationships, and experiences.
- To develop new products and services.
- Upon your request, to provide you with information about franchising opportunities with us.
- To notify you of special offers, discounts, updates, and
products and services that we think may be of interest to you. To learn more about your
choices with regards to these communications see
Your rights and choices.
- To manage our relationship with you which may include notifying
you about changes to our terms or privacy notice, providing you notices about your account,
asking you to leave a review or take a survey, addressing any concerns you may have about
our products or services.
- To carry out our obligations and enforce our rights and to
protect our websites, franchisees, customers, and other individuals including to protect
against or identify possible fraudulent transactions.
- For any purpose with your consent, which in some situations may be implied.
- For any other purpose as may be permitted by law.
We may use information that is not personal information for any purpose. For example, we may
aggregate usage data from many people in a way that does not identify any individuals to
calculate the percentage of users accessing a feature on the website.
We may share non-personal information without restriction. We may share your personal information with:
- Any member of our corporate group, which means our subsidiaries,
affiliates, our ultimate holding company and its subsidiaries, and affiliates.
- To our franchisees who are bound by contractual obligations to
keep personal information confidential and only use it in connection with running their
Nothing Bundt Cakes franchise.
- To contractors, service providers, and other third parties we
use to support our business and who are bound by contractual obligations to keep personal
information confidential and use it only for the purposes for which we disclose it to them.
For example, we may use service providers to host our websites, manage online ordering,
contact contest winners, process payments, perform data analytics, conduct research, send
promotions to you, to help us improve our products and services, and perform other services
that we request.
- To our business partners who provide services on our behalf but
who may also use the information we provide for their own commercial purposes. We may share
with our service providers in the following ways:
- Your identity or contact information, transaction information,
and financial information to our service providers who facilitate and process payments on
our behalf.
- Your identity or contact information and transaction information
to our service provider who follows up with you and asks you to provide a review and rate
your purchase.
- Your identity or contact information and transaction information
to our service provider who follows up with you when you abandon your cart and/or assists us
with email marketing campaigns.
- Your identity or contact information, technical information,
profile information, marketing and communications information, usage information, and/or
your user contributions to our website host and the marketing agency who supports our
website and social media channels.
- Your identity or contact information, financial information,
transaction information, technical information, and profile information with the software as
a service provider that we use to help manage that aspect of our business.
- Your transaction information and usage information available to
our marketing partners to market other parties products and services to you.
- Your technical information and usage information to our website
analytics providers.
For more information, see the Interest-basedadvertising.
- To an actual or prospective buyer or other successor in the
event of merger, divestiture, restructuring, reorganization, dissolution or other sale or
transfer of some or all of our assets, where one of the transferred assets is the personal
information we hold.
- To fulfill the purpose for which you provide it. For example, if
you order a cake to be delivered to another person, we will use the information you provide
to fulfill the order.
- For any other purpose as may be permitted by law or that we describe when you provide the
information.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including responding to any government or
regulatory request.
- To enforce our Terms of Use and other agreements with you.
- To protect the rights, property, or safety of our business, our
franchisees, our employees, our customers, or others. This includes exchanging information
with other companies and organizations for the purposes of cybersecurity, fraud protection
and credit risk reduction.
- To investigate suspected violations of any law, rule or regulation, or the terms or policies for
our website.
We may also use your information to contact you about our own and third-parties' products and
services that may be of interest to you. If you do not want us to use your information in
this way, please adjust your user preferences in your account profile or opt-out as directed
when you receive such an email from us. For more information, see
Your rights and choices.
Some content or applications on our website, including advertisements, are served by third
parties, including advertisers, ad networks, and servers, content partners, or application
providers. These third parties may use cookies alone or in conjunction with web beacons or
other tracking technologies to collect information about you when you use our website. The
information they collect may be associated with your personal information or they may
collect information, including personal information, about your online activities over time
and across different websites and other online services. They may use this information to
provide you with interest-based (behavioral) advertising or other targeted content. Our
partners may use non-cookie technologies on which browser settings that block cookies might
have no effect. Your browser may not permit you to block such technologies.
For this reason, keep in mind, you can block the collection and use of information related to
you by advertising companies for the purpose of serving interest based advertising by
visiting the following platforms of self-regulatory programs of which those companies are
members:
- The NAI’s opt-out platform is available
here.
- The DAA’s opt-out platform is available here.
- The DAA’s Canadian page is available here.
Some content or applications on our website may be served by third parties, content providers
and application providers including the following:
a. Plugins. Our website makes available the option for you to use
"plugins"
that are operated by social media companies. If you choose to use one of these plugins, then
it may collect information about you and send it back to the social media company that owns
it. This may happen even if you do not click on the plugin, if you are logged into the
social media website that owns the plugin when you visit our website. Information collected
by a plugin is subject to the privacy policy and terms of the social media company that
makes it. If you do not want the social media company who owns a plugin to collect
information about you when you visit our website, sign out of the social media network
before visiting.
b. User Content. Our website may allow you to upload your own content to
public areas of the website. Any information you submit becomes public information, and we
do not control how others may use the content you submit. We are not responsible for users
that may violate our privacy notice, the law, or your intellectual property rights.
c. Third-party links. Our website may contain links to other sites, which
we
do not control. Those websites have their own privacy policies and terms.
Your rights may vary depending on where you are located. We have created mechanisms to
provide you with the following control over your information.
- Marketing.
If you do not want us to use your
email address or other contact information to promote or recommend our own products and
services, or third parties’ products or services, you can opt-out by checking the relevant
box located on the form where we collect your contact information or, if presented with the
option to opt-in, do not opt-in. If you have an account with our website, you may be able to
log in and check or uncheck relevant boxes. If you do not have an account, you can adjust
your preferences by contacting us as set forth in the Contact us
section. Each newsletter or other promotional email we send you contains an "UNSUBSCRIBE"
link at the bottom of the email. To opt-out of receiving further promotional emails, click
"UNSUBSCRIBE", and follow the instructions on the screen to change your communication
preferences. This opt-out may not apply to email communications that relate to a business
transaction between us or between you and one of our franchisees.
- Accessing, Updating and Deleting YourInformation.
If you have an account with us, you may have the ability to access
your information and make updates to or delete your data. If not, you can contact us as set
forth in the Contact us section below to request access to,
correction of, or deletion of personal information that you have provided to us. We may not
accommodate a request to change information if we believe the change would violate any law
or legal requirement or negatively affect the information’s accuracy.
- Cookies and Automatic Data Collection Technologies.
You can set your browser to refuse all or some browser cookies,
or to alert you when websites set or access cookies. Flash cookies are not managed by the
same browser settings as are used for browser cookies. To learn how you can manage your
Flash cookie settings, visit the Flash player settings page on
Adobe’s website.
However, if you disable or refuse cookies, please note that some parts of
this website may become inaccessible or not function properly. If you do not want Google
Analytics to be used in your browser, Google Analytics provides an opt-out tool which can be
found
here.
In some cases,you may be able to set your browser or email program to not download web beacons.
- Interest Based Advertising.
Please see Interest-based advertising above for information on how
to
opt-out of interest-based advertising.
- California Residents. If you are a California
resident, you may have additional rights and choices regarding your personal information.
Please see Your California privacy rights for more
information.
- Nevada Residents. If you are a Nevada resident,
please see our Nevada privacy section below for more
information about our information practices.
- Canada Residents. If you are Canadian, you may
have additional personal rights and choices. Please see our Canada
privacy section below for additional information.
We have implemented physical, technical and procedural measures designed to secure your
personal information from accidental loss and from unauthorized access, use, alteration, and
disclosure.
The safety and security of your information also depends on you. Where we have given you (or
where you have chosen) a password for access to certain parts of our website, you are
responsible for keeping this password confidential. We ask you not to share your password
with anyone. If you have reason to believe that your interaction with us is no longer secure
(for example, if you feel that the security of any account you might have with us has been
compromised), please immediately Contact us.
Unfortunately, the transmission of information via the internet is not completely secure.
Although we do our best to protect your personal information, we cannot guarantee the
security of your personal information transmitted to our website. Any transmission of
personal information is at your own risk. We are not responsible for circumvention of any
privacy settings or security measures contained on the website
As a supplement to the other information provided throughout our Privacy Policy, we provide the following additional information as a notice to residents of California who interact with us as consumers, franchisees, or vendors (collectively "California residents") in accordance with the California Consumer Privacy Act ("CCPA").
A. Information we collect
The personal information we collect and have collected about California residents in the last 12 months, the sources from which we collected that information, and how we use that information are described above. Here is how that information corresponds with the categories of personal information under the CCPA:
|
Category
|
Sources
|
Purposes for Collection
|
|
Identifiers, including real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, or other similar identifiers
|
Directly from you
Automatically when you use our website
Advertising networks
Internet service providers
Data analytics providers
Social networks
Vendors that help us to fulfill and deliver orders, process payments, support our promotions, contests, gift cards, eClub, and sweepstakes, and provide communications, marketing or other services on our behalf
Our affiliated brands and companies
Our franchisees
Data brokers
|
Processing your purchases of or requests for products or services
To create and manage your account or to enroll you in our eClub
To support our contests, promotions, eClub, coupons, and sweepstakes
Customer service
Marketing and advertising
To better understand how users access and use our services, to improve our products and services, to respond to user desires and preferences, and for other research and analytical purposes
To help maintain the safety, security, and integrity of our services, databases and other technology assets, as well as your account, orders, and deliveries
Tailoring our content or otherwise personalizing our services
To provide operational, analytical, and other support for our independent franchisees
As part of our application process for potential franchisees, and relationship with current franchisees
|
|
Personal information described in Cal. Civ. Code § 1798.80(e), including name, signature, address, telephone number, education, employment, employment history, bank account number, credit card number, debit card number, or other financial information
|
Directly from you
Advertising networks
Internet service providers
Data analytics providers
Social networks
Vendors that help us to fulfill and deliver orders, process payments, support our promotions, contests, gift cards, eClub, and sweepstakes, and provide communications, marketing or other services on our behalf
Our affiliated brands and companies
Our franchisees
Data brokers
|
Processing your purchases of or requests for products or services
Communicating with you
To create and manage your account or to enroll you in our eClub
Supporting our contests, promotions, eClub, coupons, and sweepstakes
Customer service
Marketing and advertising
To better understand how users access and use our services, to improve our products and services, to respond to user desires and preferences, and for other research and analytical purposes
To help maintain the safety, security, and integrity of our services, databases and other technology assets, as well as your account, orders, and deliveries
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
Tailoring our content or otherwise personalizing our services
To provide operational, analytical, and other support for our independent franchisees
As part of our application process for potential franchisees, and relationship with current franchisees
|
|
Characteristics of protected classifications under California or federal law, including age and date of birth, race, ancestry, ethnic origin, marital status, and/or veteran or military status
|
Directly from you
Our affiliated brands and companies
Data analytics providers
Data brokers
|
To better understand how users access and use our services, to improve our products and services, to respond to user desires and preferences, and for other research and analytical purposes
|
|
Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
|
Directly from you
Automatically when you use our website
Advertising networks
Data analytics providers
Social networks
Vendors that help us to fulfill and deliver orders, process payments, support our promotions, contests, gift cards, eClub, and sweepstakes, and provide communications, marketing or other services on our behalf
Our affiliated brands and companies
Our franchisees
Data brokers
|
Processing your purchases of or requests for products or services
Communicating with you
Supporting our contests, promotions, eClub, coupons, and sweepstakes
Customer service
Marketing and advertising
Tailoring our content or otherwise personalizing our services
To provide operational, analytical, and other support for our independent franchisees
As part of our application process for potential franchisees, and relationship with current franchisees
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
|
|
Internet or other electronic network activity information, including browsing history, search history, and information regarding interactions with our websites, applications, or advertisements
|
Directly from you
Automatically when you use our website
Advertising networks
Internet service providers
Data analytics providers
Social networks
Our franchisees
Vendors that help us to fulfill and deliver orders, process payments, support our promotions, contests, gift cards, eClub, and sweepstakes, and provide communications, marketing or other services on our behalf
|
To better understand how users access and use our services, to improve our products and services, to respond to user desires and preferences, and for other research and analytical purposes
To help maintain the safety, security, and integrity of our services, databases and other technology assets, as well as your account, orders, and deliveries
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
Marketing and advertising
Tailoring our content or otherwise personalizing our services
Customer service
|
|
Geolocation data
|
Automatically when you use our website
Advertising networks
Internet service providers
Data analytics providers
Social networks
Vendors that help us to fulfill and deliver orders, and provide communications, marketing or other services on our behalf
|
To help you find a bakery near you
Processing your purchases of or requests for products or services
Customer service
Marketing and advertising
To better understand how users access and use our services, to improve our products and services, to respond to user desires and preferences, and for other research and analytical purposes
To help maintain the safety, security, and integrity of our services, databases and other technology assets, as well as your account, orders, and deliveries
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
Tailoring our content or otherwise personalizing our services
|
|
Audio, electronic, visual, thermal, olfactory, or similar information
|
Directly from you. For example, if you interact with us by phone or video
Our franchisees
|
Processing your purchases of or requests for products or services
Customer service
To better understand how users access and use our services, to improve our products and services, to respond to user desires and preferences, and for other research and analytical purposes
To help maintain the safety, security, and integrity of our services, databases and other technology assets, as well as your account, orders, and deliveries
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
As part of our application process for potential franchisees, and relationship with current franchisees
|
|
Professional or employment-related information
|
Directly from you
|
As part of our application process for prospective franchisees
Supporting our contests, promotions, eClub, coupons, and sweepstakes
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
|
|
Inferences, including information used to create a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, aptitudes
|
Inferred from other categories of personal information we collect
Data analytics providers
Our affiliated brands and companies
|
To better understand how users access and use our services, to improve our products and services, to respond to user desires and preferences, and for other research and analytical purposes
Tailoring our content or otherwise personalizing our services
Marketing and advertising
To provide operational, analytical, and other support for our independent franchisees
As part of our application process for potential franchisees, and relationship with current franchisees
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
|
Among the categories of personal information listed above are the following categories of sensitive personal information:
|
Category
|
Sources
|
Purposes for Collection
|
|
Personal information that reveals a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership
|
Directly from you
|
To better understand how users access and use our services, to improve our products and services, to respond to user desires and preferences, and for other research and analytical purposes
|
|
Personal information that reveals a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account
|
Directly from you
|
To create and manage your account or to enroll you in our eClub
To provide you with products and services you request or purchase from us or one of our franchisees
|
In addition to the purposes described above, we may use and disclose any category of personal information or sensitive personal information we collect to respond to law enforcement requests, or as otherwise required or authorized by applicable law, court order, or governmental regulations; to protect our rights and interests and those of others (including our franchisees); to resolve any disputes; to enforce our terms and policies; and to evaluate or conduct a merger, sale, or other acquisition of some or all of our assets. We also reserve the right to use personal information we collect for any other purpose identified in an applicable privacy notice or agreement between you and us, or otherwise with your consent.
B. Use of personal information
In the last 12 months, we have used your personal information for the business and commercial purposes described in How we use your information above.
C. Retention of personal information
We keep the categories of personal information described above for as long as necessary for the purposes described in this notice or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:
- Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected;
- The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
- We are otherwise required or permitted to keep your personal information by applicable laws or regulations.
Where personal information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below
D. Disclosures of California personal information
The business and commercial purposes for which we have shared your personal information in the last 12 months are described above in Disclosure of your information. More specific information on that sharing is as follows:
- Sharing your personal information for business purposes. We share personal information with our affiliated companies, franchisees, and service providers for our business purposes as follows:
|
Category of Personal Information
|
Categories of Recipients
|
Purposes for Disclosure
|
|
Identifiers
|
Franchisees
Our affiliated brands and companies
Service providers that we use to support our business and operations
Professional advisors, external auditors, and government bodies
|
Processing your purchases of or requests for products or services
Performing services on our behalf (e.g., fulfilling and delivering orders, processing payments, supporting our promotions, contests, gift cards, eClub, and sweepstakes, and providing communications, technical, analytical, web hosting, cloud hosting and mobile application support, or other services on our behalf)
Providing advertising and marketing services (except for cross-context behavioral advertising)
Short-term, transient use, including, but not limited to, non-personalized advertising
Auditing, related to ad impressions
Ensuring security and integrity of personal information
Debugging to identify and repair errors that impair existing intended functionality
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
As part of our application process for potential franchisees, and relationship with current franchisees
|
|
Personal records
|
Franchisees
Our affiliated brands and companies
Service providers that we use to support our business and operations
Professional advisors, external auditors, and government bodies
|
Processing your purchases of or requests for products or services
Performing services on our behalf (e.g., fulfilling and delivering orders, processing payments, supporting our promotions, contests, gift cards, eClub, and sweepstakes, and providing communications, technical, analytical, web hosting, cloud hosting and mobile application support, or other services on our behalf)
Providing advertising and marketing services (except for cross-context behavioral advertising)
Short-term, transient use, including, but not limited to, non-personalized advertising
Auditing, related to ad impressions
Ensuring security and integrity of personal information
Debugging to identify and repair errors that impair existing intended functionality
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
As part of our application process for potential franchisees, and relationship with current franchisees
|
|
Characteristics of protected classifications
|
Franchisees
Our affiliated brands and companies
Service providers that we use to support our business and operations
Professional advisors, external auditors, and government bodies
|
Performing services on our behalf (e.g., fulfilling and delivering orders, processing payments, supporting our promotions, contests, gift cards, eClub, and sweepstakes, and providing communications, technical, analytical, web hosting, cloud hosting and mobile application support, or other services on our behalf)
Providing advertising and marketing services (except for cross-context behavioral advertising)
Short-term, transient use, including, but not limited to, non-personalized advertising
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
|
|
Commercial information
|
Franchisees
Our affiliated brands and companies
Service providers that we use to support our business and operations
Professional advisors, external auditors, and government bodies
|
Processing your purchases of or requests for products or services
Performing services on our behalf (e.g., fulfilling and delivering orders, processing payments, supporting our promotions, contests, gift cards, eClub, and sweepstakes, and providing communications, technical, analytical, web hosting, cloud hosting and mobile application support, or other services on our behalf)
Providing advertising and marketing services (except for cross-context behavioral advertising)
Short-term, transient use, including, but not limited to, non-personalized advertising
Auditing, related to ad impressions
Ensuring security and integrity of personal information
Debugging to identify and repair errors that impair existing intended functionality
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
As part of our application process for potential franchisees, and relationship with current franchisees
|
|
Internet or other electronic network activity information
|
Our affiliated brands and companies
Service providers that we use to support our business and operations
Professional advisors, external auditors, and government bodies
|
Processing your purchases of or requests for products or services
Performing services on our behalf (e.g., fulfilling and delivering orders, processing payments, supporting our promotions, contests, gift cards, eClub, and sweepstakes, and providing communications, technical, analytical, web hosting, cloud hosting and mobile application support, or other services on our behalf)
Providing advertising and marketing services (except for cross-context behavioral advertising)
Short-term, transient use, including, but not limited to, non-personalized advertising
Auditing, related to ad impressions
Ensuring security and integrity of personal information
Debugging to identify and repair errors that impair existing intended functionality
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
|
|
Geolocation data
|
Our affiliated brands and companies
Service providers that we use to support our business and operations
Professional advisors, external auditors, and government bodies
|
Processing your purchases of or requests for products or services
Performing services on our behalf (e.g., fulfilling and delivering orders, processing payments, supporting our promotions, contests, gift cards, eClub, and sweepstakes, and providing communications, technical, analytical, web hosting, cloud hosting and mobile application support, or other services on our behalf)
Providing advertising and marketing services (except for cross-context behavioral advertising)
Short-term, transient use, including, but not limited to, non-personalized advertising
Auditing, related to ad impressions
Ensuring security and integrity of personal information
Debugging to identify and repair errors that impair existing intended functionality
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
|
|
Audio, electronic, visual, thermal, olfactory, or similar information
|
Our affiliated brands and companies
Service providers that we use to support our business and operations
Professional advisors, external auditors, and government bodies
|
Performing services on our behalf (e.g., fulfilling and delivering orders, processing payments, supporting our promotions, contests, gift cards, eClub, and sweepstakes, and providing communications, technical, analytical, web hosting, cloud hosting and mobile application support, or other services on our behalf)
Debugging to identify and repair errors that impair existing intended functionality
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
|
|
Professional or employment-related information
|
Our affiliated brands and companies
Service providers that we use to support our business and operations
Professional advisors, external auditors, and government bodies
|
As part of our application process for prospective franchisees
Performing services on our behalf (e.g., fulfilling and delivering orders, processing payments, supporting our promotions, contests, gift cards, eClub, and sweepstakes, and providing communications, technical, analytical, web hosting, cloud hosting and mobile application support, or other services on our behalf)
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
|
|
Inferences
|
Our affiliated brands and companies
Service providers that we use to support our business and operations
Professional advisors, external auditors, and government bodies
|
Performing services on our behalf (e.g., fulfilling and delivering orders, processing payments, supporting our promotions, contests, gift cards, eClub, and sweepstakes, and providing communications, technical, analytical, web hosting, cloud hosting and mobile application support, or other services on our behalf)
Providing advertising and marketing services (except for cross-context behavioral advertising)
Auditing, related to ad impressions
Ensuring security and integrity of personal information
Detecting, investigating, or protecting against malicious, deceptive, fraudulent or illegal activity
As part of our application process for potential franchisees, and relationship with current franchisees
|
- Sharing your personal information for commercial or other purposes: Although we do not sell personal information in exchange for money, some of the ways in which we share personal information for advertising or disclose personal information to our franchisees or third-party business partners may be considered “sales” or “sharing” under California law. The following chart shows the categories of personal information we share for purposes of cross-context behavioral advertising or otherwise “sell,” as that term is defined under California law. We do not have actual knowledge that we sell or share the personal information of anyone under 16 years of age.
|
Category of Personal Information
|
Categories of Third Parties to which Information was Sold or Shared
|
Purposes for Selling / Sharing
|
|
Identifiers
Personal information described in Cal. Civ. Code § 1798.80(e)
Commercial information
Internet or other electronic network activity information
Geolocation data
Inferences
|
Third-party advertising partners
Data analytics providers
Franchisees
To related companies under some circumstances
|
For marketing, advertising, cross-promotion, certain types of analytics or similar purposes
To show you relevant ads while you browse the internet or use social media
To provide operational, analytical, and other support for independent franchisees
|
E. Your rights under the CCPA
Right to Know. You have the right to know what personal information we have collected about you, which includes:
- The categories of personal information we have collected about you, including
- a. The categories of sources from which the personal information was collected
- b. Our business or commercial purposes for collecting, selling, or sharing personal information
- c. The categories of recipients to which we disclose personal information
- d. The categories of personal information that we sold, and for each category identified, the categories of third parties to which we sold that particular category of personal information
- e. The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of personal information
- The specific pieces of personal information we have collected about you
Right to Delete Your Personal Information. You have the right to request that we delete personal information we collected from you, subject to certain exceptions. Where we use deidentification to satisfy a deletion request, we commit to maintaining and using the information in deidentified form and will not attempt to reidentify the information.
Right to Correct Inaccurate Information. If you believe that personal information we maintain about you is inaccurate, you have the right to request that we correct that information.
Right to Opt Out of Sales and Sharing of Personal Information. You have the right to opt out of the sale of your personal information, and to request that we do not share your personal information for cross-context behavioral advertising. To opt out, please click here. If you choose to use a browser-based opt-out signal such as the Global Privacy Control (GPC), you will be opted out of cookie-based sales or sharing of personal information, and will need to turn it on for each browser you use. To submit a request to opt out of offline sales and sharing, please use our webform.
Right to Limit Use and Disclosure of Sensitive Personal Information. You may direct us to limit the use and disclosure of your sensitive personal information to uses/disclosures that are reasonably necessary to provide our goods and services, or as needed: to ensure security and integrity; to prevent fraud or illegal activity; for physical safety; for short-term, transient use, including for non-personalized advertising; to perform services on behalf of the business; and to verify or maintain the quality or safety of a service or device owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance such services or devices.
Rights Related to Automated Decision-Making. You have the right to opt out of automated decision-making, including profiling, that we use to evaluate certain personal aspects relating to your performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us.
E. Your right to obtain a copy of your personal information
You have a right to obtain a copy of the specific pieces of personal information we collected about you (also called a data portability request). Once we verify your request, we will provide you a copy of your personal information that is responsive to your request.
We do not provide portability rights to B2B information.
F. Your right to delete your personal information
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we verify your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We do not provide deletion rights to B2B information.
H. How to exercise your CCPA rights
To exercise your right to know, right to delete, right to correct, or right to limit use and disclosure of sensitive personal information, please click here. Alternatively, you can telephone us at 1 (888) 914-9661 and entering the following PIN when prompted: 278285.
To exercise the right to opt-out of the sale and sharing of your personal information, please click this link and follow the instructions to opt-out.
I. How we verify requests
Before fulfilling a request to know, request to delete, or request to correct, you will be asked to log into your account or to provide 2-3 pieces of personal information that we will match against our records to verify your identity. You may designate an authorized agent to make a request on your behalf; however, you will still need to verify your identity directly with us before your request can be processed. An authorized agent may submit a request on your behalf using the webform or toll-free number listed above.
J. Notice of Financial Incentive
Our eClub offers members benefits such as exclusive offers, new flavor announcements and a free Bundtlet on their birthday. Participation requires you to provide some personal information, such as identifiers, personal information described in Cal. Civ. Code § 1798.80(e), and commercial information. The incentives associated with our eClub are designed to reward fans of our products.
We have made a good faith estimate that the value of consumers’ personal information provided in connection with our eClub is equivalent to the relevant expenses related to the collection and retention of that personal information. Any difference in price or benefits provided to consumers who participate in our eClub is reasonably related to the value of the personal information provided. By joining our eClub, you consent to any financial incentive associated with the program. You have the right to withdraw from the financial incentive at any time by cancelling your participation in the eClub. To cancel your eClub membership, please log into your account and opt-out.
Unless you specifically request, submission of a request to delete your personal information will not erase information required for you to continue to participate in our eClub. Should you wish to delete your personal information associated with our eClub (and thereby cancel your participation in the program), please contact us through our Contact Us page here or call us at 1 (888) 914-9661 and enter the following PIN when prompted: 278285.
K. Other California privacy rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California customers to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To request a notice, please submit your request by postal mail to: Nothing Bundt Cakes Guest Services, 4560 Belt Line Road, Suite 350, Addison, Texas 75001.
Nevada residents have the right to opt out of the sale of certain "covered information"
collected by operators of websites or online services. We currently do not sell covered
information, as "sale" is defined by such law, and we do not have plans to sell this
information.
Nothing Bundt Cakes complies with applicable Canadian privacy laws and regulations in
connection with its processing of Canadian personal information including the Personal
Information Protection and Electronic Documents Act, with respect to the personal
information of Canadians, this privacy notice does not create or confer upon any individual
any rights, or impose upon Nothing Bundt Cakes any rights or obligations outside of, or in
addition to, any rights or obligations imposed by Canada’s federal and provincial privacy
laws, as applicable. Should there be, in a specific case, any inconsistency between this
privacy notice and Canada’s federal and provincial laws, as applicable, this privacy notice
shall be interpreted, in respect of that case, to give effect to, and comply with, such
privacy laws.
We will only use your personal information for purposes intended as detailed in this privacy
notice unless we have obtained your consent to use it for other purposes.
A. Transferring your personal information outside of Canada
Residents of Canada are notified that the personal information they provide to Nothing Bundt
Cakes is stored in our databases located outside of Canada, including in the United States
and may be subject to disclosure to authorized law enforcement or government agencies in
response to lawful demand pursuant to the laws of that country. By providing your personal
information to us, you consent to the collection, use, disclosure, storage and other
processing of your personal information outside of Canada by us, our affiliates,
franchisees, employees, service providers, business partners, and other third parties for
the purposes and in the manner described in this privacy notice.
You are welcome to Contact us if you have questions regarding the
collection, use, disclosure or storage of personal information by our service providers and
affiliates outside Canada, and/or to obtain access to written information about our policies
and practices with respect to service providers (including affiliates) outside Canada.
For questions about our privacy practices, please contact us by phone or mail as directed in
the Contact us section of this policy.
B. Data Retention
Your personal information will be kept in Canada and the United States and accessible to our
employees, franchisees, and service providers who have a "need to know" such information for
the purposes described in this privacy notice.
Except as otherwise permitted or required by applicable law or regulation, we will only
retain your personal information for as long as necessary to fulfill the purposes for which
we collected it, and/or for the purposes of satisfying any legal, accounting, or reporting
requirements. Under some circumstances we may anonymize your personal information so that it
can no longer be associated with you, either directly or indirectly, alone or in combination
with any other information. We reserve the right to use such anonymous and de-identified
data for any legitimate business purpose without further notice to you or your consent.
C. Accessing and correcting your personal information
By law you have the right to request access to and to correct or rectify the personal
information that we hold about you, subject to certain exceptions as required or permitted
by applicable law.
You can review and change your personal information by logging into your account and visiting
the pages that correspond to the information you want to review and change.
If you want to access, review, verify, correct, rectify, update, or withdraw consent to the
collection, use or disclosure of your personal information you may also contact Nothing
Bundt Cakes as directed in the Contact us section of this policy
to make such a request.
We may not accommodate a request to change information if we believe the change would violate
any law or legal requirement or cause the information to be incorrect.
We may request specific information from you to help us confirm your identity and your right
to access, and to provide you with the personal information that we hold about you or make
your requested changes. Applicable law may allow or require us to refuse to provide you with
access to some or all of the personal information that we hold about you, or we may have
destroyed, erased, or made your personal information anonymous in accordance with our record
retention obligations and practices. If we cannot provide you with access to your personal
information, we will inform you of the reasons, subject to any legal or regulatory
restrictions.
We will provide access to your personal information, subject to exceptions set out in
applicable privacy legislation. Examples of such exceptions may include (without
limitation):
- Information protected by solicitor-client privilege.
- Information that is part of a formal dispute resolution process.
- Information that would reveal the personal information or confidential commercial information of another person.
- Information that is prohibitively expensive to provide.
If you are concerned about our response or would like to correct the information provided,
you may contact Nothing Bundt Cakes as described in the Contact us
section of this policy.
We will post any changes we may make to our privacy notice on this page. If the changes
materially alter how we use or treat your information we will notify you by email to the
primary email address specified in your account (if you have an account with us) and/or
through a notice on the website home page. The date the privacy notice was last revised is
identified at the top of the page. You are responsible for ensuring that we have an
up-to-date email address for you and for periodically visiting our website and this page to
check for any changes.
If you have any comments or questions about our privacy notice, please use our Contact
Us page to reach out to us. You may also call us at 1 (888) 914-9661 and enter the
following PIN when prompted: 278285.
Our corporate office is located at 5005 Lyndon B Johnson Fwy Suite 600, Dallas, TX 75244.
Please direct any mail inquires to the attention of: Nothing Bundt Cakes Guest Services.
