Type of website: Ecommerce 

Effective date: 31st day of October, 2024 

www.cupcakesandgifts.com (the "Site") is owned and operated by Cupcakes and Gifts. Cupcakes and Gifts is the data controller and can be contacted at: 

privacy@cupcakesandgifts.com 

(647) 237-4078 

Toronto, Ontario 

Purpose 

The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following: 

1. The personal data we will collect; 

2. Use of collected data; 

3. Who has access to the data collected; 

4. The rights of Site users; and 

5. The Site's cookie policy. 

This Privacy Policy applies in addition to the terms and conditions of our Site. 

GDPR 

For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018. 

We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR. 

Consent 

By using our Site users agree that they consent to:

1. The conditions set out in this Privacy Policy. 

When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful. 

You can withdraw your consent by: Contacting the privacy@cupcakesandgifts.co email address. 

Legal Basis for Processing 

We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR. 

We rely on the following legal bases to collect and process the personal data of users in the EU: 

1. Users have provided their consent to the processing of their data for one or more specific purposes; 

2. Processing of user personal data is necessary for us or a third party to pursue a legitimate interest. Our legitimate interest is not overriden by the interests or fundamenal rights and freedoms of users. Our legitimate interest(s) are: Marketing, Operations, Payments and Business Interest. 

3. Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the personal data necessary to perform a contract the consequences are as follows: Contract and (or) orders can't be fulfilled. 

4. Processing of user personal data is necessary for us to comply with a legal obligation. If a user does not provide the the personal data necessary for us to perform a legal obligation the consequences are as follows: Order doesn't get fulfilled; and 

5. Processing of user personal data is necessary to a task carried out in the public interest or in the exercise of our official authority. 

Personal Data We Collect 

We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.

Data Collected Automatically 

When you visit and use our Site, we may automatically collect and store the following information: 

1. IP address; 

2. Location; 

3. Clicked links; and 

4. Content viewed. 

Data Collected in a Non-Automatic Way 

We may also collect the following data when you perform certain functions on our Site: 

1. First and last name; 

2. Email address; 

3. Phone number; 

4. Address; 

5. Payment information; and 

6. Auto fill data. 

This data may be collected using the following methods: 

1. Creating an account; 

2. Filling a form; and 

3. Filling contact fields. 

How We Use Personal Data 

Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy. 

The data we collect automatically is used for the following purposes: 

1. Operations; 

2. Security Checks; and 

3. Reporting.

The data we collect when the user performs certain functions may be used for the following purposes: 

1. Operations; 

2. Communication; 

3. Marketing; and 

4. Reporting. 

Who We Share Personal Data With 

Employees 

We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy. 

Third Parties 

We may share user data with the following third parties: 

1. Payment solution; 

2. Marketing Agency; and 

3. Operation Tools. 

We may share the following user data with third parties: 

1. Links clicked while using site; and 

2. Necessary data to operate. 

We may share user data with third parties for the following purposes: 

1. Targeted Advertising; Marketing and 

2. Operations. 

Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose. 

Other Disclosures 

We will not sell or share your data with other third parties, except in the following cases:

1. If the law requires it; 

2. If it is required for any legal proceeding; 

3. To prove or protect our legal rights; and 

4. To buyers or potential buyers of this company in the event that we seek to sell the company. 

If you follow hyperlinks from our Site to another site, please note that we are not responsible for and have no control over their privacy policies and practices. 

How Long We Store Personal Data 

User data will be stored for 5 years. 

You will be notified if your data is kept for longer than this period. 

How We Protect Your Personal Data 

All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee's termination. 

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical. 

International Data Transfers 

We transfer user personal data to the following countries: 

1. Canada; 

2. United States; and 

3. United Kingdom. 

When we transfer user personal data we will protect that data as described in this Privacy Policy and comply with applicable legal requirements for transferring personal data internationally. 

If you are located in the United Kingdom or the European Union, we will only transfer your personal data if:

1. The country your personal data is being transferred to has been deemed to have adequate data protection by the European Commission or, if you are in the United Kingdom, by the United Kingdom adequacy regulations; or 

2. We have implemented appropriate safeguards in respect of the transfer. For example, the recipient is a party to binding corporate rules, or we have entered into standard EU or United Kingdom data protection contractual clauses with the recipient. 

Your Rights as a User 

Under the GDPR, you have the following rights: 

1. Right to be informed; 

2. Right of access; 

3. Right to rectification; 

4. Right to erasure; 

5. Right to restrict processing; 

6. Right to data portability; and 

7. Right to object. 

Children 

The minimum age to use our website is 18 years of age. We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer. 

Please see our Children's Privacy Policy for additional information on how we deal with children's personal data. 

How to Access, Modify, Delete, or Challenge the Data Collected 

If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here: Privacy@cupcakesandgifts.com 

Do Not Track Notice 

Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We respond to

browser-initiated DNT signals. If we receive a DNT signal that indicates a user does not wish to be tracked, we will not track that user. We are not responsible for and cannot guarantee how any third parties who interact with our Site and your data will respond to DNT signals. 

Cookie Policy 

A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience. 

We use the following types of cookies on our Site: 

1. Functional cookies 

Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits; 

2. Analytical cookies 

Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc; 

3. Targeting cookies 

Targeting cookies collect data on how you use the Site and your preferences. This allows us to personalize the information you see on our Site for you; 

4. Session cookies 

Session cookies are used to remember items in your shopping cart while you are still browsing; and 

5. Third-Party Cookies 

Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes: 

a. Monitor user preferences to tailor advertisements around their interests. 

Modifications 

This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically

review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy. 

Complaints 

If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the 

Contact Information 

If you have any questions, concerns or complaints, you can contact our privacy officer at: privacy@cupcakesandgifts.com

Children's Privacy Policy 

Website: www.cupcakesandgifts.com (the "Site") 

This Children's Privacy Policy supplements the www.cupcakesandgifts.com Privacy Policy and applies to the personal information of children in the United States who are under the age of thirteen (13) ("child" or "children"). This Children's Privacy Policy is made in accordance with the United States Children's Online Privacy Protection Act ("COPPA"). Any terms defined in COPPA have the same meaning when used in this Children's Privacy Policy. 

Children's Data We Collect 

We do not knowingly collect the personal information of children under the age of thirteen (13). 

Public Availability 

Children are not able to make their personal information publicly available on our Site. 

Third Party Operators 

Third parties do not use our Site to collect personal information about children who use our Site. 

Parental Rights 

A child's parent or guardian can review their child's personal information, direct us to delete their child's personal information, and refuse any further collection or use of their child's personal information. A parent or guardian can also agree to the collection and use of their child's personal information but not allow us to disclose that personal information to third parties, unless disclosure is part of the service provided by our Site. A parent or guardian can exercise these rights via the following method(s): 

1. Parents can request access to and delete their child's personal information, and remove or provide consent to the collection of their child's personal information by logging into their child's account through our homepage.. 

We will not require a child to disclose more information than is reasonably necessary to participate in an activity on our Site.

Contact Information 

Questions and concerns about this Children's Privacy Policy or about our collection and use of children's personal information, can be sent to: privacy@cupcakesandgifts.com 

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