Privacy Policy

This Privacy Policy applies to your use of our "Service," which includes the following:

• Our websites, including decopac.com, cakes.com, and celebrationiq.com;
• Our mobile applications, social media pages, and other online services; and
• Offline services you use when you interact with us in-person or via telephone.

This Privacy Policy applies only to the Service. Except for processing by our service providers (described below), this Privacy Policy does not apply to other third-party websites, products, or services which may be linked to/from the Service; those linked websites may be governed by different privacy policies. Third parties may operate or develop their own products, services, websites, and mobile apps via the Service. In many of these cases, the terms, conditions, and privacy practices of the third party - not those of DecoPac - may govern your transactions, and we may have no control over the Personal Information collected.

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 those websites or apps. We can neither control nor are responsible for the privacy practices or content of those 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.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Privacy Policy.

You may contact our data privacy team as follows:

General Inquiries: [email protected]

Regional Data Rights: Visit our interactive form: Data Request Form, mail to the address below, or call 1-800-443-5391.

Physical Address: 3500 Thurston Avenue, Anoka, MN 55303, U.S.A.

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. Changes are made effective immediately upon posting to the Service. Your use of the Service indicates your acknowledgement of the notices provided in this Privacy Policy.

The following describes how we process data that relates to identified or identifiable individuals, or otherwise considered personal information or personal data under applicable privacy laws ("Personal Information"). Personal Information does not include aggregated or de-identified data. Please note that specific Personal Information elements below are examples and may change.

A. Categories of Personal Information We Collect

1. Identity Data. Information about your identity, such as your name and IP address.
2. Contact Data. Identity Data collected when you use the Service or contact us, such as your email address, physical address, or phone number.
3. Device/Network Data. Personal Information relating to your device, browser, or application e.g. device identifiers, identifiers from cookies, session history and website navigation metadata, and other data generated through applications and browsers, including via cookies and similar technologies.
4. Audio/Visual Data. Audio files and records, such as voicemails, call recordings, and the like; images that you may provide through the Service.
5. Transaction Data. When you order and/or purchase goods through the Service, we may collect your billing address, shipping address, billing zip code, and maintain a history of products purchased.
6. Inference Data. Personal Information we create or use as part of a profile reflecting your preferences, characteristics, aptitudes, market segments, likes, favorites or your interests.
7. General Location Data. Non-precise location data, e.g. location information derived from IP addresses.
8. Sensitive Personal Information. We, or our third-party payment processors acting on our behalf, may collect your payment data, including your bank account number, credit card number, credit card expiration date, CVV, and other details to process payments.
9. User Content. When you provide us with feedback or through your use of any free-form or unstructured format in a webform or similar, such as the text in a "contact us" page, or other message to us. We will also collect the information necessary to place an order for a cake or bakery food item, including any photos and messaging that you intend to have printed on the cake.

B. Sources of Personal Information We Collect

1. From You – We collect Personal 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.
2. Automatic Collection – When you access and use the Service, we automatically collect Personal Information regarding you and your device, including your device's Internet Protocol address, the domain name of your Internet service provider, your general location, your mobile device information (e.g. device model and operating system version), your page visits, your activity on our Service, and aggregated information that cannot be used to specifically identify you. Additional information collected is described in the Analytics and Cookies sections below.
3. Third Party Sources – We may collect information about you from third party sources, including service providers performing services on our behalf, as well as suppliers, bakery companies, CelebrationIQ providers, and our customers.
4. Data We Create or Infer – We may combine all of the Personal Information we collect from or about you and use it in the manner described in this Privacy Policy, including by creating and inferring Personal Information such as preference data or aggregate data based on our observations or analysis of other Personal Information processed under this Privacy Policy, and we may correlate this data with other data we process about you.

C. How We Use Your Information

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 processed by our payment processor);
7. To send you text messages about your order status;
8. To send you promotional text messages, with your consent;
9. To administer, operate, and improve the Service or to further the mission of DecoPac;
10. To enhance your experience using the Service;
11. 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 such emails, we include detailed unsubscribe instructions at the bottom of each email;
12. To generate and review reports and data about our user base and Service usage patterns;
13. To analyze the accuracy, effectiveness, or usability of the Service;
14. To compile aggregate data for internal and external business purposes;
15. To prevent fraud and abuse of the Service and to otherwise protect users and visitors and our business;
16. To assist law enforcement and respond to subpoenas; and
17. To perform other business activities as needed, or as described elsewhere in this Privacy Policy.

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.

A. 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 e-commerce operations, product shipping, relationship management, functions related to analyzing and improving the Service usefulness, reliability, user experience, and operation, data storage, 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, 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.

B. Payment Processing

Any payment information you provide through the Service may be shared with and may be stored by our payment processing service providers. This payment information is processed to provide the products and services you request, to perform or initiate a transaction with you, process your purchase transaction, order, and payment, carry out fulfillment and delivery, and document transactions.

C. Business Changes

If we become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction or if the ownership of all or substantially all of our business otherwise changes, we may transfer your information to a third party or parties in connection therewith.

D. Bakeries/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 and message that you upload to be printed on a cake), and other information to the CelebrationIQ provider that you select to make your cake or other bakery food items and the CelebrationIQ provider's affiliates or to the Cakes.com supplier helping to fulfill your order through Cakes.com.

E. Affiliates

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

F. Investigations and Law

We may disclose Personal 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, or 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.

G. Aggregated Information

We may share aggregated information relating to users of the Service with affiliated or unaffiliated third parties. This aggregated information does not contain Personal Information about any user.

H. 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, pixels, 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, advertise to you, and better understand your online activity, among other things.

I. Cookies and Other Tracking Technologies

We work with third-party advertising companies that help deliver advertisements to you. To learn more about third-party online advertising and to opt out of certain types of advertising, please see Your Rights and Choices below. We, along with third parties, use cookies, local storage objects, web beacons/pixels, 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 nonessential 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.

Web beacons/pixels are small strings of code that provide a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data. You can disable the ability of web beacons to capture information by blocking cookies.

We 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.

We share Personal Information with 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.

J. Social Media Pages

We may review certain Personal Information when you interact with DecoPac on social media. We do not collect or share your email address or other contact information with these parties. Rather, any Personal Information shared in this way is done so through automatic means.

We implement reasonable security measures to protect the safety of your Personal Information you provide us to make shopping at DecoPac a safe as well as enjoyable experience for our valued customers. We do not warrant perfect security, and we do not provide any guarantee that your Personal Information or any other information you provide us will remain secure.

Any information collected through the Service is stored and processed in the U.S. If you use our Service outside of the U.S., your Personal Information may be processed in the U.S. and other locations where our service providers may be located. The U.S. may not provide the same legal protections guaranteed to Personal Information in foreign countries.

We retain Personal Information for so long as it is reasonably necessary to achieve the relevant processing purposes described in this Privacy Policy, or for so long as is required by law. What is necessary may vary depending on the type of data, the context, and the purpose of processing. We generally consider the following factors when we determine how long to retain data (without limitation):

• Retention periods established under applicable law;
• Industry best practices;
• Whether the purpose of processing is reasonably likely to justify further processing;
• Risks to individual privacy in continued processing;
• Applicable data protection impact assessments;
• IT systems design considerations/limitations; and
• Costs associated with continued processing, retention, and deletion.

We review retention periods periodically and may pseudonymize or anonymize data held for longer periods.

A. Your Rights

You may have certain rights regarding the Personal Information we process. Please note, these rights may vary based on the country or state where you reside, and our obligations under applicable law. See the "Regional Data Rights" section for more information regarding your rights/choices in specific regions.

B. Verification Process

If you submit a request, we typically must verify your identity to ensure that you have the right to make that request, reduce fraud, and to ensure the security of Personal Information. If necessary, we will require you to provide us with your name, telephone number, and email address, together with a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request. We will match this information to the Personal Information we maintain.

If an agent is submitting the request on your behalf, we reserve the right to validate the agent's authority to act on your behalf. You must provide your authorized agent written and signed permission to act on your behalf. We may deny requests from an authorized agent who does not submit proof that they have been authorized to act on your behalf. We may also require you to directly confirm with us that you have provided the authorized agent permission to submit a request on your behalf.

We may not grant access to certain Personal Information to you if prohibited by law or where a legal exception applies.

C. Your Choices

You have the following choices regarding our use of your Personal Information.

1. Changing Your Information

• If you have an account on DecoPac.com, to change your information on DecoPac.com, you may log in to your account and go to "My Account" and "Profile" to change your billing or shipping address. If you are unable to log into your account, please contact us at [email protected].
• If you have an admin account for a CelebrationIQ webpage, to change your information in your admin account, you may log in to your admin account and go to "My User Profile" and "Update Account Settings" to update your password or email notifications or go to "In Store" to update your store name, address or phone number. If you're unable to log in to your admin account for your CelebrationIQ webpage, please contact us at [email protected].

2. Closing Your Account

• You may close your account on DecoPac.com by contacting us at [email protected]. If the email account associated with your email address is not active, we may close your account without notice.
• You may close your administrator account on CelebrationIQ webpages by contacting us at [email protected]. If the email account associated with your email address is not active, we may close your account without notice.

3. Withdrawing Consent

You may withdraw any consent you have provided at any time. The consequence of your withdrawing consent might be that we cannot perform certain services for you, such as location-based services, personalizing or making relevant certain types of advertising, or other services conditioned on your consent or choice not to opt-out.

4. Marketing Communications

You can withdraw your consent to receive marketing communications by clicking on the unsubscribe link in an email (for email), by responding with "OPT-OUT," "STOP," or other supported unsubscribe message (for SMS), by adjusting the push message settings for our mobile apps using your device operating system (for push notifications), or for other communications, by contacting us using the information below. To opt-out of the collection of information relating to email opens, configure your email so that it does not load images in our emails.

5. Location Data

You may control or limit your location data that we collect through our Service by changing your preferences in your device's location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use to interact with our Service. Note, we may collect general location data from your IP address even if you opt out of the collection of precise location data in your device's preferences menu.

6. Cookies and Similar Technologies

If you do not want your Personal Information collected through the use of cookies, you can manage/deny nonessential cookies (and certain technologies) using your browser's settings menu or our access our "Cookie Settings" page via the footer of our websites. You may need to opt out of third-party services directly via the third party. For example, to opt-out of Google's analytic and marketing services, visit Google Analytics Terms of Use, the Google Policy, or Google Analytics Opt-out.

Do Not Track - 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 [email protected]. We will take reasonable steps to ensure that such Personal Information is removed from our systems.

A. U.S. State Data Privacy Rights

Under the California Consumer Privacy Act ("CCPA") and other state privacy laws, residents of certain U.S. states may have the following rights, subject to regional requirements, exceptions, and limitations:

1. The right to confirm whether we process your Personal Information.
2. The right to request any of following: (1) the categories of Personal Information we have collected, sold/shared, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Information was collected; (3) the purposes for which we collected or sold/shared your Personal Information; (4) the categories of third parties to whom we have sold/shared your Personal Information, or disclosed it for a business purpose (including, depending on your state of residency, the third parties to whom we have disclosed your Personal Information); and (5) the specific pieces of Personal Information we have collected about you.
3. The right to request that we provide certain Personal Information in a common, portable format.
4. The right to delete certain Personal Information that we hold about you.
5. The right to correct certain Personal Information that we hold about you.
6. The right to opt-out of the following:
   • If we engage in sales of data (as defined by applicable law), you may direct us to stop selling Personal Information.
   • If we engage in Targeted Advertising (aka "sharing" of Personal Information or cross-context behavioral advertising,) you may opt-out of such processing.
   • If we engage in certain forms of "profiling" (e.g. profiling that has legal or similarly significant effects), you may opt-out of such processing.
7. The right to opt-out of the processing of certain Sensitive Data, or request that we limit certain uses of Sensitive Personal Information. This right does not apply in cases where we only use Sensitive Personal Information where necessary, or for certain business purposes authorized by applicable law.
8. To the extent we have actual knowledge that we collect or maintain Personal Information of a minor under age 16 in California, those minors must opt into any sales/sharing of Personal Information (as defined under CCPA), and minors under the age of 13 must have a parent consent to sales/sharing of Personal Information. All minors have the right to opt-out later at any time.
9. The right to not receive discriminatory treatment as a result of their exercise of rights conferred by the applicable US state privacy law, including, but not limited to, by:
   1. Denying goods or services to you.
   2. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
   3. Providing a different level or quality of goods or services to you.
   4. Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Your Nevada Privacy Rights

The Nevada Revised Statutes (NRS 603A.300 et seq.) 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 [email protected]. We will provide further information about how we verify the authenticity of the request and your identity.

Additional California Privacy Rights

1. California residents under the age of 18 can delete or remove posts using the same deletion or removal procedures described above, or otherwise made available through the Service. If you have questions about how to remove your posts or if you would like additional assistance with deletion, contact us using the information below. We will work to delete your information, but we cannot guarantee comprehensive removal of that content or information posted through the Service.
2. 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 [email protected] or by writing us at DecoPac, Inc., 3500 Thurston Avenue, Anoka, MN 55303.

B. Submission of US State Data Privacy Rights Requests

To exercise these rights, you may call us at 1-800-443-5391, email us at [email protected], or complete our interactive form at: Data Request Form. All rights requests are subject to our verification requirements described in the Verification Process section in the Your Rights and Choices section above. If you have any questions or wish to appeal any refusal to take action in response to a rights request, contact us at [email protected]. We will respond to any request to appeal within the period required by law.

C. Additional California Disclosures

SHARING OF PERSONAL INFORMATION

For purposes of the CCPA, we have "sold" or "shared" in the preceding 12 months the following categories of Personal Information to the following categories of recipients:

DISCLOSING OF PERSONAL INFORMATION FOR BUSINESS PURPOSES

For purposes of the CCPA, we have disclosed to Service Providers for "business purposes" in the preceding 12 months the following categories of Personal Information, to the following categories of recipients:

CATEGORIES OF SENSITIVE PERSONAL INFORMATION USED OR DISCLOSED

For purposes of CCPA, we may use or disclose, or our payment processors may collect and process, the following categories of Sensitive Personal Information: Individuals' general geolocation data, 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. However, we do not sell or share Sensitive Personal Information, nor do we process it other than for Business Purposes as permitted under applicable law.

D. Your Washington Privacy Rights - Consumer Health Data Privacy Policy

Please see the Consumer Health Data Privacy Policy for Washington Residents: Washington Privacy | DecoPac