Privacy Policy

Last Updated: February 21, 2017

 

This Privacy Policy (this “Policy”) describes the privacy practices of Cake Corporation (formerly Leapset, Inc.) (“Cake”, “we”, or “us”) with respect to information collected when users sign up for, use, access or otherwise interact with cake.net, trycake.com (the “Sites”) and any applications, services, programs, and products of Cake, including mobile applications and social media plugins (such as the “Cake Order” Facebook social plugin) and websites or applications operated by Cake on behalf of merchants (“Restaurants”) on the Cake platform (collectively, including the Sites, the “Services”), made available on a consumer basis or that reference this Policy (even if you have not signed up for a user account or downloaded a Cake application), and how we use and share it. By using the Services (including the Sites) you consent to the terms of this Policy.

 

This policy does not describe the information collection practices of third parties who are not subsidiary or parent companies of Cake, including restaurants that use Cake business services. Users of the Services should ask these third parties about their privacy practices before providing information directly to them.

 

We may change this Policy from time to time. If changes are made, notification will happen by posting the updated policy to the Sites and revising the “Updated” date. The most current version of this Policy will be effective at the time it is posted. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Policy.

 

BY ACCESSING ANY OF THE SERVICES YOU AGREE TO BE BOUND TO ALL THE TERMS OF THIS POLICY.

 

This Policy covers the following areas:

I. The Information Cake Collects And How It Is Used

II. How Your User Information May Be Shared

III. How Cake Secures User Information

IV. How You Can Manage Your User Information

 

 

I. The Information Cake Collects And How It Is Used

A. Information Collected From Users

Cake collects information users provide in connection with the Services. Cake may collect and use personal information, demographic and profile information, usage information, tracking information, and any other information collected from you (collectively, “User Information”), including as follows:

 

Personal Information

1. Account Information. We may ask for and store information submitted to us (“Account Information”) by you directly or indirectly (such as through a third party application) in connection with the marketing, registration, creation, or updating of an account with Cake. This includes information you may provide as part of any identity verification process.

2. Transactional Data. We may collect information about you (“Transactional Data”) when you engage in activities on or related to the Services, including participating in interactive features of the Services, connecting from a social network, using a social media service (such as Cake’s Facebook page), or websites or applications operated by Cake on behalf of Restaurants, ordering, making a payment for, reserving or reviewing a Restaurant’s product or service (such as booking a guest at a Restaurant location), using a Cake gift card (including any gift cards issued by a Restaurant through a relationship with Cake), signing up for emails, mobile messages, or social media notifications, submitting content and/or posting content/reviews in discussion forums, communicating with our customer service department via our customer service call center or electronic media platforms (such as email or social media), participating in user surveys, focus groups, or contests, or customer referral programs and signing up for special offers from third parties through the Services. Our collection of Transactional Data may be required for you to engage in certain activities on the Service. Transactional Data may include (a) first and last names, (b) a home or other physical address, including street name and name of city or town, (c) an email address or other online contact information, such as an instant messaging user identifier or a screen name, (d) telephone number, (e) Social Security number, (f) date of birth, (g) photographs, (h) reviews and ratings, (i) information from any social network you may have connected from, (j) a description of transaction and when and where it occurred, and (k) certain financial account or payment details, such as a payment method, a bank account number or a credit card number, expiration date, and authentication codes or related information.

We may use Account Information and Transactional Data (collectively, “Personal Information”) for, among other things, product and service fulfillment (including the delivery of Cake’s business services to Restaurants and providing products and services to users (such as offering real-time deals near your location or sending receipt messages (by email or mobile communications)), maintenance and improvement, marketing and information purposes (such as advertising, contest promotions, coupon delivery, sending you news and information about the Services, or tracking the success of a referral program), internal operations (improving the effectiveness and security of the business or consumer services of Cake and its affiliate companies), and to personalize and facilitate user’s experience with the Services or the services of third parties. For instance, if you post restaurant reviews or correspond with us, we may use your comments to promote any of our services or those of Restaurants by incorporating your comments in our marketing materials. In addition, if you use our Services to send information or a product to another person, we may store that information in a form that is personally identifiable. We may also use Personal Information to deliver information and support you request, troubleshoot issues you are having with the Sites, perform administrative tasks in connection with the Services, contact you, enforce our agreements (including any applicable terms of use, terms of service, or similar agreements and this Privacy Policy), investigate, detect or prevent fraud, security breaches and other potentially prohibited or illegal activities, comply with applicable law, regulation, and legal process and cooperate with law enforcement activities, each to the extent permitted by applicable law.

Location and Device Information. Cake may collect device-specific information about you (and any device associated with your account) including without limitation any GPS-based, Wi-Fi-based, or cell-based location information (“Geolocation Information”), and any other identifier that permits direct identifying, locating, or contacting of the device or user. That information may include the presence of the device, its signal strength and mobile network information, its manufacturer (Apple, Samsung, etc.) and model, software running on the device, unique identifiers such as its Media Access Control (MAC) address, and information about the device’s interaction with the Services or business services.

Cake uses this information for various reasons, including to promote the business of Cake and its affiliates, such as by helping Restaurants better understand customer behavior and provide better consumer experiences. For example, Cake may share information such as how many people visit a Restaurant, how long people stay, how often they return, what sections of the store they visit, and whether customers visit other of the Restaurant’s locations. Cake may also combine this information with Personal Information or any other information collected in connection with your use of the Services to facilitate the delivery of marketed messages to you or otherwise use for purposes related to the business of Cake and its parent and subsidiary companies. These marketing messages are optional in Canada; if you do not want to receive them see the section entitled “Optional Use and Disclosure of Your Personal Information (Canada)” below.

Demographic and Profile Information. We may at times request information that is not directly personally identifiable, such as age and annual income, unless it is stored or used in combination with any direct personal identifiers (such as your name or email address). This type of information is primarily used to display more customized content and improve user experience of and promote the Services.

Usage Information. We automatically store information related to the use of the Services, such as Site pages you viewed, your internet protocol (IP) address, browser type, internet service provider (ISP), referring/exit pages, platform type, access device, and the date and time of your visit or transaction. We may use this data to analyze trends, anticipate traffic load demands, track user behavior, gather broad demographic information for aggregate use, and otherwise provide the Services.

Cookies and Similar Automatically Collected Information. Cake, its affiliates and our partners may send cookies – small data files placed on a device’s hard drive or memory – to user’s devices in order to, among other things, identify the status of the user, customize the Services, and mitigate risks and the potential for fraud. In addition, in the course of serving advertisements to the Services, our third-party advertisers may place or recognize a unique cookie on browsers. Cookies can be removed or blocked in accordance with the browser’s help directions, but in doing so the Services may require a user to repeatedly identify herself and otherwise interfere with use of the Services. We may also collect information using web beacons (objects embedded in a web page or email which are used to check if a user has accessed content). Further, if you view a web page created by a third party or use an application created by a third party, those third parties may use their own cookies or web beacons that are not subject to Cake’s control or this Policy. Cake does not respond to “do not track” browser signals or other mechanisms that provide consumers with choice regarding the collection of tracking information and allow third parties operating on the Services to collect personally identifiable information about and/or track your behavior on the Services and across websites.  We use third party cookies on our Service as well.  For instance, we use Google Analytics to collect and process certain analytics data.  Google provides some additional privacy options described at www.google.com/policies/privacy/partners/ regarding Google Analytics cookies.  We also use Mixpanel to collect and process certain analytics data.  More information about Mixpanel’s data practices may be found online at http://mixpanel.com/privacy/.  To opt-out of Mixpanel analytics, please go to https://mixpanel.com/optout/ or review the current instructions in the Mixpanel Privacy Policy.

Digital Receipts. In connection with the Services, you may receive receipts in connection with order transactions. If you opt to receive receipts via email or text message, Cake retains any provided email address or phone number and you authorize Cake to use that address or phone number when sending you receipts in connection with purchases and to automatically send you digital receipts for future purchases you make from Restaurants. Digital receipts may contain additional messages, offers, or links that may be of interest to you. If at any time you wish to opt out of receiving automatic digital receipts, please follow the instructions in your digital receipt (if applicable) or contact Cake at support@cake.net.

Disclaimer of Information Provided to Third Party Services. In some cases we may allow you access to certain third party services by links or otherwise. This Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. Any information you provide to these third party services is not User Information and will not be subject to this Policy. Links accessible via the Services are not intended as an endorsement of or referral to the linked websites. Once you link to another site, you are subject to the privacy and security policies of the new site.

To the extent that Cake incorporates the Google Places or Maps API product(s) into the Services, then by using the Services you agree to be bound by Google’s Terms of Use and the Google privacy policy (currently at http://www.google.com/policies/privacy/), as amended by Google from time to time, which is incorporated herein by reference.

 

B. Information Collected From Third Parties

Cake may also collect information about you from third parties, including but not limited to publicly available sources, identity verification services, and credit bureaus. In some cases, this information may include personally identifiable information such as a taxpayer identification number.

 

II. How Your User Information May Be Shared

Cake works with third parties to help provide its services to consumers and Restaurants and maintain and improve its services and business and we may share User Information with those third parties to further these efforts. Without limiting the foregoing (and to the extent permitted by applicable law), Cake will share User Information with third parties with your consent as well as in the following circumstances:

Cake Affiliates. Cake may share information it collects with its direct and indirect parent and subsidiary companies and other affiliates. Those affiliates may use this information to improve and promote their businesses and services and offer you products and services that may of interest to you and for any other purposes outlined above. These marketing messages are optional in Canada; if you do not want to receive them see the section entitled “Optional Use and Disclosure of Your Personal Information (Canada)” below.

Restaurants. We may share User Information with Restaurants to, among other things, provide, maintain, and improve our Services, such as facilitating the payment of orders or delivery of services and otherwise supporting the business services we provide to Restaurants. By using the Services, you give Cake permission to share User Information about you with any of the Restaurants. For example, we may share information about you when you are located near a participating Restaurant. Cake’s sharing of User Information with Restaurants may allow Restaurants (or any party authorized to act on behalf of Restaurants (such as Cake or a third party)) to market directly to you should they choose to do so. These marketing messages are optional in Canada; if you do not want to receive them see the section entitled “Optional Use and Disclosure of Your Personal Information (Canada)” below.  We do not have any responsibility for the actions of Restaurants.

Third Party Service Providers. Cake may (a) coordinate the provision of services and products to you through third party service providers and (b) partner with third parties in order to promote, support, or expand Cake’s business and products and services or enable those third parties to delivery content or advertise the products and services of Cake or third parties to you. We may share User Information, including Personal Information and Geolocation Information, with those service providers and partners. For example, Cake may share personal information about you with third parties that run advertising campaigns, contests, special offers, or other events or activities in connection with our Services.  The third-party service providers that we engage are bound by confidentiality obligations and other restrictions with respect to their use and collection of your information.

Cake may also share User Information to financial institutions, processors, payments card associations, and other entities that are part of the payment process. To the extent you associate an account managed by third parties such as social media sites (e.g., Facebook and Twitter) with a Cake account, you authorize Cake to have access to this information and agree that Cake may collect, store and use such information in accordance with this Policy.

Aggregate and De-Identified Information. We may share User Information in aggregated or de-identified formats, such as the “Usage” and “Demographic and Profile” information described above or information created from Personal Information by removing direct personal identifiers, to third parties for any purpose to the extent not prohibited by law. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners. This Policy does not limit our use or disclosure of any aggregate or de-identified information created from User Information in any way, and we reserve the right to use, disclose, and sell de-identified information (including de-identified information combined with non-scrubbed information that is not your personally identifiable information) to our partners, advertisers, Cake users, and other third parties at our discretion to the extent permitted by law. “De-identified” means Cake has taken reasonable precautions to protect data de-identified from you from being re-identified to you. 

Business Transfers. Cake may share User Information with third parties in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business. In the event Cake sells certain of its assets or goes through a structural change, such as a merger, acquisition by another company, bankruptcy, insolvency, or dissolution, User Information including Personal Information may be transferred to a third party as part of such event and thereby become subject to the privacy practices of that third party, which may materially different than those of Cake.

Compliance. (U.S. residents) We may disclose User Information to third parties if we determine that such disclosure is reasonably necessary to enforce or apply applicable terms and conditions and other agreements, including the Services’ terms of service, comply with the law or judicial instructions and related orders, or protect the rights, reputation, or property of Cake or those of our consumer customers and Restaurants, affiliates, or the public.

Compliance. (Canadian residents) We may disclose User information for loss or fraud prevention purposes, for debt collection purposes, to comply with legal and regulatory requirements, and as may otherwise be permitted or required by applicable laws.

User Generated Content. User generated content posted through the Services such as service/restaurant reviews, commentary on discussion boards or blogs, and certain social networking preferences (e.g. pages you “Like” or “Recommend”) may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. Cake cannot ensure the privacy of any User Information included in that user generated content.

Retention. Cake will retain User Information for so long as it continues to be useful in connection with providing or improving Cake’s Services and product offerings and subject to law and this Policy. We may further retain and use data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

III. How Cake Secures User Information

Cake takes precautions to secure your personal information and protect it from loss, theft, unauthorized access, destruction, use, modification and disclosure. Such measures include technological, physical and organizational safeguards that are appropriate given the sensitivity of the personal information, including maintaining controlled access to electronic and paper documents and files, using appropriate technology safeguards such as passwords, firewalls and encryption, and restricting access to those of our employees, representatives and subcontractors who need to know such information to provide you with the services for which the information was collected. However, please note that Cake’s security measures may change or be unavailable from time to time and no data transmission over the Internet or any wireless network is 100% secure, so we cannot guarantee the security of User Information.

Cake keeps your personal information only for as long as necessary to accomplish the identified purpose(s), and then securely destroys such information to the extent required by applicable law.

Personal Information of Children Under 13. The Services are intended for general audiences and is not directed to persons less than 13 years of age and we do not knowingly collect personal information from those persons. If you become aware that personal information about your child has been provided to Cake without your consent, please contact us. If we become aware that a child under 13 has provided us with personal information without parental consent, we make efforts to remove that information and terminate the child’s account.

Canadian residentsYour personal information may be processed and stored in the United States and may be accessible to the United States government, courts or law enforcement or regulatory agencies through the laws of the United States.

 

IV. How You Can Manage Your Information

If your Account Information changes, you may update or delete and deactivate certain aspects of your Account Information by signing into and managing your Cake account or, if your account does not so permit, by contacting us at support@cake.net. In addition, depending on the nature of your account, your account management page may allow you to control certain aspects of how other information you submit to the Services is used or shared. As a consumer you have the ability to unsubscribe to promotional emails or text messages by following the instructions in those emails or text messages. If you unsubscribe it may take up to 10 business days before you stop receiving promotional emails and Cake may still send you non-promotional communications, such as digital receipts (if applicable) and communications about your account.

Under law California residents may request certain details about information we disclose to third parties for direct marketing purposes. If you are a California resident and would like to request this information, please contact us at support@cake.net.

Optional Use and Disclosure of Your Personal Information (Canada). If you are a resident of Canada, your consent to use or share your personal information for the additional marketing purposes identified above is optional and is not required as a condition of obtaining the Services. If you do not want your personal information to be used or shared for these additional purposes, please contact the Cake Privacy Office at the address set out below.

Cake Privacy Office

Phone: 1.855.696.CAKE

Email: legal@trycake.com

Write: Cake Corporation, 101 Redwood Shores Pkwy, Suite 200, Redwood City, CA 94065

You may request access to the personal information Cake has on file about you. Contact the Cake Privacy Office in writing at the address set out above.  You may request a correction to your personal information by writing to the Cake Privacy Office.