Legal

• The “GDPR”, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council;
• The “UK GDPR” which applies to our activities in the United Kingdom; please note that when this Policy refers only to the “GDPR”, this includes the UK GDPR as applicable;
  
• “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to our activities in Canada;
• Quebec’s Act Respecting the Protection of Personal Information in the Private Sector (the “Quebec Privacy Act”) as amended by Law 25, that applies to our activities in Quebec;
• The California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act which applies to our activities in the United States in certain circumstances;
• Other state privacy laws in the United States, specifically those which are currently in force in Colorado, Connecticut, and Virginia; and
• The Australian Privacy Act 1988, as amended.

• The right to withdraw at any time your consent for Cakemail to process your personal data;
• The right to have your personal data erased from Cakemail’s records, and to have your name de-indexed if we link to any information about you (which we currently do not);
  
• The right to access your personal data and any relevant information around its processing and use;
  
• The right to have a copy of your personal data given to you in an easy-to-read format so that you can transfer it to any data controller or data processor or other third party;
• The right to have your personal data corrected or updated if you believe it is inaccurate or out of date;
• The right to opt out of marketing communications we send you, at any time;
• The right to know whether Cakemail shares your personal data (and if so, who gets it). Please refer to that information elsewhere in this Policy, though you can contact our Privacy and Data Protection Officer if you need additional information or clarifications;
• The right to demand that Cakemail not sell your personal data. Please note that Cakemail does not sell your personal data;
• The right to restrict the processing of your personal data if it is inaccurate or if our processing or use of it is against the law; and
• The right to refuse any marketing or advertising targeted at you by Cakemail.

Cakemail uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) on the Website and Services and in emails. Cookies are small text files placed on your computer or device when you visit a website, in order to track use of the site and to improve the user experience by storing certain data on your computer. By visiting or using the Website or Services you agree to their use, but only if you explicitly consent to such use, according to the cookie banner presented to you when you visit the Website.

Specifically, we use cookies and related technologies for the following functions:

• To facilitate online advertising, as described above in this Policy;
• To provide general internal and user analytics and to conduct research to improve the content of the Website and Services, and monitor the performance of the Services, using the Third-Party Analytics Programs as described above in this Policy;
  
• To facilitate your logging in to the Services;
  
• To facilitate payment processing;
• To track information about emails you receive, for example whether you opened it or clicked on any links in it; and
• To assist in identifying possible fraudulent activities.

To view a full list of the specific cookies used in the Website and Services, please read the Cakemail Cookie Policy.

Please note that deleting or refusing cookies may reduce your user experience on the Website or Services. Furthermore, deleting cookies may prevent certain functions from working at all.

We have implemented strict technical and organisational procedures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed by us. These procedures prevent your personal data from being lost; or used or accessed in any unauthorised way.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where the Data Protection Laws requires us to do so, and within the time frame required by the applicable Data Protection Law.
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Cakemail uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including personal data) secure. In addition, we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Website, and these third parties have been selected for their high standards of security, both electronic and physical. For example, Cakemail uses vendors such as Amazon Web Services (AWS), a recognized leader in secure data and other vendors who have very strict security protocols, for hosting of the Website, Services and related data, and collection and storage of data including personal data.
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Finally, all information, including personal data, is transferred with encryption using Secure Sockets Layer (“SSL”) or Transport Layer Security (“TLS”), robust security standards for Internet data transfer and transactions. You can use your browser to check Cakemail’s valid SSL security certificates on the Website and in the Services.

In addition to the measures to protect your personal data described in the previous section, we have drafted and implemented certain internal procedures and policies regarding personal data, including the following:

• A framework for the keeping and destruction of the personal data, including where we may keep anonymized data;
• Defining and describing the roles and responsibilities of the members of Cakemail personnel throughout the life cycle of the personal data;
  
• A process for dealing with individual complaints and requests for personal data and exercising of the individual’s rights under Data Protection Laws; and
• A management and IT policy and procedure for addressing potential data breach incidents involving personal data in the custody of Cakemail. This policy provides detailed steps Cakemail will follow in the event of a data breach, including cooperation with the relevant privacy supervisory authorities.

For our European users, we endeavour to keep your personal data inside the EEA or the U.K. (as applicable).
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Certain of our data processors (and Cakemail) are in other countries where your personal data may be transferred. However, these countries are limited to countries with particular circumstances that protect your data, specifically:

• Canada. We transfer personal data to our operations in Canada, but Canada has been determined to have an “adequate level of protection” for your personal data under European data protection law.
• The United States. Your personal data is only transferred to companies in the United States that: (1) have signed agreements with us or have informed us that they are GDPR-compliant; and (2) have concluded the Standard Contractual Clauses for the transfer of personal data outside the EEA and the U.K..
  

That’s it! You have the right, however, to refuse to have your data transferred outside the EEA or the U.K. Please contact our Privacy and Data Protection Officer to make that request. Please note that making this request may prevent you from being able to use certain portions of the Website or Services.

For our Quebec Users and visitors, we endeavour to keep your personal data in Quebec. However, certain of our third-party service providers are in other provinces or countries where your personal data may be transferred. When this happens, we do the following to safeguard your personal data:

• We will perform what the Quebec Privacy Act calls an “Assessment of the privacy-related factors” (what is generally called a “Privacy Impact Assessment,” or “PIA”) prior to the personal data leaving Quebec. If the PIA does not meet our standards and the standards required by the Quebec Privacy Act, we will not transfer your personal data to such a service provider; and
• If the PIA allows us to transfer the personal data to such a service provider outside Quebec, we will sign what is generally called a “Data Processing Agreement,” or DPA, with the service provider, which protects the person data transferred to them and limits their use of it to what we have contracted with them to do. This DPA will adhere to the requirements of the Quebec Privacy Act.
  

If you are in the EEA or the U.K., under the GDPR you have the right to make a complaint to the appropriate supervisory authority. If you are not satisfied with the response received or the actions taken by our Privacy and Data Protection Officer, or if you would like to make a complaint directly about Cakemail’s data practices, we invite you to contact the supervisory authority in your country.
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If you are in the U.K., you should contact the Information Commissioner’s Office (ICO) who is the supervisory authority. The information to contact the ICO is available on their website, including contact by phone (0303 123 1113 in the UK) and mail (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF). If you are in France, you should contact the Commission Nationale de l'Informatique et des Libertés (CNIL) which is the supervisory authority there. Their contact information for the CNIL is available on their website.
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The full listing of all Data Protection Authorities (the supervisory authorities) across the EEA is available at the website for the Data Protection Authorities contact information.
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If you are in Canada and you are not satisfied with the response received or the actions taken by our Privacy and Data Protection Officer, you can make a complaint to the Office of the Privacy Commissioner of Canada. Instructions to file a formal privacy complaint to the Office of the Privacy Commissioner are available online. If you are in Québec, you can make a complaint to the Commission d’accès à l’information, with the instructions for contacting them on the "nous joindre" section of their website.
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In California you can make a complaint to the California Privacy Protection Agency, using the complaint form on their website.

Your personal data will only be kept for as long as it is necessary for the purpose needed for that processing. For example, we will retain your Client information for as long as you need to have an account with us to use the Services; if you cease to be a Client, we will delete your Client information.
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We may have to keep your data for a longer period of time to satisfy our requirements under any applicable law including anti-spam laws, or to protect our legal interests, notably to curb abuse and prevent clients who have been terminated for violating Cakemail policies from signing up for the Services again .

In some cases, where permitted by the Data Protection Laws, we may keep personal data that has been anonymized, for our legitimate business purposes.

Cakemail does not use any automated decision-making processes with regard to your personal data in providing the Website or Services. To a very limited extent, Cakemail tailors your experience using the Services based on certain analytics and behavioural programs, but these are not related to your personal data.

The Services are only intended for persons who are 18 years old for a resident of a Canadian province or 21 years old for a resident of a state in the U.S., or the age of majority in any other country.
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The Data Protection Laws have various age limits as to the minimum age required for us to hold personal data about an individual. We do not knowingly collect any personal data from a child under those minimum ages. If we become aware that we have inadvertently received personal data from a person under the minimum ages through the Website or Services, we will delete such information from our records.

The date at the top of this page indicates when this Policy was last updated. Every now and then, we will have to update this Policy, and we will update it no less than once every 12 months. You can always find the most updated version at this URL, and we will always post a prominent notice on the Website if we make significant changes, and use reasonable efforts to contact you if we have your contact information, for example if you are a Client or User.

Thanks for reading! Please keep your personal data safe; we are committed to do the same.