TABLE OF CONTENTS
USE, DISCLOSURE, AND SHARING OF INFORMATION
NOTIFICATION OF CHANGES
Personally Identifiable Information That We Collect
CBD respects your privacy and is committed to protecting personally identifiable information that you provide in connection with your use of this Site and Services. CBD does not gather information that personally identifies individuals except when you provide such information to us. For example, CBD will gather information about individuals when you submit an order, create a user account, submit a franchise application, subscribe to our e-mail newsletter, or participate in any special promotions or purchases on this Site.
Non-Personally Identifiable Information That We Collect
As part of the registration process for some Services, you may be asked to provide information that does not personally identify you. For example, you may be asked to provide information concerning how you heard about Cookies by Design, what state or city you are interested in doing business, and other similar types of information. This information is generally optional but may be included in your user account or potential franchisee profile. CBD requests this information to understand you better and to also bring to your attention new services, programs, or offers that may be of interest to you.
Information about Other People
Some of the Services on the Site may ask you to submit personally identifiable information about other people. For example, you might submit a person's name and other personally identifiable information if you purchase a product and have it sent directly to the recipient. A record of that transaction will be maintained as allowed and/or required by law. In addition, we will add the recipient's information to our marketing database in the event that they wish to order products from us or use our Services.
Orders and Purchases
You will be asked to provide certain personally identifiable information in order to purchase Cupcake by Design ® products on the Site. This personally identifiable information will include your first name, last name, business name, address, city/locality, state/region, postal code, daytime phone, evening phone, e-mail address, credit card number, and shipping information (including the third party's name and address). This information will be used for billing purposes, processing of credit card transactions, filling product orders, and may be retained for record keeping and legal purposes along with the content of your order.
If you make a purchase on our Site or through our Services, CBD will collect your personally identifiable information, and you are deemed to consent to us providing your information to third parties who provide certain services such as processing of credit card transactions, customer service, and/or order fulfillment, as applicable. (As more fully described below in Use, Disclosure, and Sharing of Information - Personally Identifiable Information, these third parties are prohibited from using this information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any personal data of our customers, unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their respective privacy policies.)
You will be asked to create an account through a registration process in which you provide information identifying you to CBD's operating systems for the purpose of accessing or using certain Services ("User Account") in order to use certain Services. There is no cost to create a User Account. You will be asked to provide certain personally identifiable information about yourself, such as your e-mail address, a password, your first name or nickname, and your last name. If you are setting up a User Account for your business through our National Gift Program, then you will also be asked to provide your business name, address, telephone and facsimile numbers, and a copy of your logo (in jpg or gif format) if you wish us to include it on the products you purchase. You are responsible for maintaining and updating the registration information in your User Account with current and complete information. You may access, edit or remove your User Account by signing in to the Site and following the directions there. You can also send an e-mail to OrdersAdmin@cookiesbydesign.com and request deactivation of your User Account.
You will be asked to provide certain personally identifiable information in order to register with us if you are interested in pursuing a possible franchise opportunity for a Cookies by Design location. This personally identifiable information will include your first name, last name, company name, city/locality, state/region, postal code, telephone number, and e-mail address.
E-mail Messages and Newsletter
If you send an e-mail message to CBD or any of our locations, CBD may retain the content of that message, in addition to any response we send to you. The content and other information in or related to an e-mail sent to CBD may be used as a testimonial or for other marketing purposes. In addition, CBD may provide our locations aggregate statistics about our customers' traffic patterns and related Site information. We may also provide these statistics to reputable third parties for analysis; however, the statistics will not include personally identifiable information that allows them to identify you.
You will be asked to provide certain personally identifiable information in order to subscribe to our Cookiemail™ newsletters. This personally identifiable information will include your first name, last name and e-mail address. CookiEmail™ is sent to anyone who subscribes to our newsletter or provides their email address by requesting a catalog, registering for a franchise application, or placing an order through the Site or at one of our locations.
You will be asked to provide certain personally identifiable information in order to participate in some Services such as sweepstakes, contests and surveys ("Special Promotions"). This personally identifiable information may include your first name, last name, mailing address, e-mail address, phone number, and date of birth. Your information may be collected by CBD or by a third party, such as a co-sponsor or a vendor involved in, or providing services in connection with a Special Promotion.
If you enter a sweepstakes or other Special Promotion on our Site or through our Services, CBD will collect your personally identifiable information, and you are deemed to consent to us providing your information to third parties who provide certain services such as processing of credit card transactions, customer service, promotion or sweepstakes administration, and/or delivery, as applicable. (As more fully described below in Use, Disclosure, and Sharing of Information - Personally Identifiable Information, these third parties are prohibited from using this information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any personal data of our customers, unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their respective privacy policies.)
If you enter a promotion (such as a sweepstakes) in which CBD is participating on a third party's web site (or through some other means or medium), we will collect your information from the third party only if you opt-in to receive additional communications from us, or we are required to fulfill some function in relation to your activity (i.e., to send your order or deliver a prize).
Information Collected by Other Means or Media
In some situations, we may also collect personally identifiable information and other information about you through other means, directly or indirectly. For example, if you provide information to other companies who share information about their customers, we may collect additional information about you. In these cases, CBD will apply this policy to any personally identifiable information obtained by other means or media.
Some Services may offer support and technical assistance through customer service centers via telephone or e-mail. Whenever you communicate with customer service, you do so with the understanding that an operator may view and make changes to the information in your User Account in order to provide the assistance that you need.
Cookies and Related Technology
The Site and some Services and advertisements may contain "cookies," clear gifs (also known as web beacons or web bugs), or similar technology. A cookie is a piece of data that is sent to your Internet browser, which will store the cookie on your computer if your browser is enabled to accept cookies. Web beacons assist in the delivery of cookies and the collection of non-personally identifiable information, such as "click path" and other data as described above.
Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Site and Services may not function properly.
Special Notice Regarding Children
The Site is not directed specifically toward children and we do not knowingly collect personal information from persons under the age of 18 on the Site. However, CBD recognizes the sensitivity of personally identifiable information concerning children under the age of 18 and therefore provides this special notice. CBD is committed to complying with all applicable laws and regulations regarding children, including the application of the Children's Online Privacy Protection Act ("COPPA") for children under the age of 13. Except in limited circumstances allowed by COPPA, CBD will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13 without first obtaining consent from that child's parent or legal guardian.
If you are the parent or guardian of a child under 18, and your child would like to participate in certain Services, you should not allow them to place orders through this Site or send personal information to CBD without your permission. CBD encourages parents or guardians to supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment.
If you are a parent or guardian who has discovered that your child under the age of 13 (or 18) has submitted his or her personally identifiable information without your permission or consent, CBD will make reasonable efforts to remove the information from its active list, at your request. To request the removal of your child's information, please send an e-mail to OrdersAdmin@cookiesbydesign.com and be sure to include in your message the same name and/or e-mail address that your child submitted.
USE, DISCLOSURE, AND SHARING OF INFORMATION
Personally Identifiable Information
CBD uses information about you to deliver the Services that you request, to keep you informed about changes affecting our Services or your account, to inform you of other Services or offers in which you might be interested, and to improve and enhance our Site and Services. If you provide CBD with personally identifiable information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.
If you opt in to receive e-mail from us, you can always opt out of future marketing messages by following the directions in each message to "unsubscribe." However, if you choose to opt out of marketing messages, we reserve the right to contact you regarding your account status, technical support, product information, changes to account terms, and any other matter that might affect our service to you and/or any products you purchased from us or registered with us, as applicable.
As stated above in Information Gathered – Special Promotions, CBD may also work with third parties to provide some Services on our Site. In connection with those Services, you are deemed to consent to us sharing your information with third parties who provide services such as processing of credit card transactions, customer service, promotion administration, order fulfillment and/or delivery, as applicable. Third parties who provide, or participate in, Services on the Site are prohibited from using our customers' personally identifiable information for marketing purposes and/or from sharing, selling, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties. If you do not want your information to be used for marketing (or other purposes unrelated to the provision of Services) by a third party who participates in a Service on our Site, do not opt in to such use by that third party when you register to participate in the Service.
Non-Personally Identifiable Information
From time to time, CBD may use and share with third parties aggregate, non-personally identifiable user information to show general demographic and preference information among users of this Site.
Your California Privacy Rights
(As provided by California Civil Code Section 1798.83)
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California Customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.
California Customers may request further information about our compliance with this law by e-mailing Legal@cookiesbydesign.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
Our Commitment to Data Security
While CBD takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Site, Services, and customer databases, no web site, Internet transmission, computer system, or wireless connection is completely secure. Consequently, CBD cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Site and Services is at your own risk. CBD urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your User Account, and closing your web browser.
CBD will take commercially reasonable steps to protect the information by establishing a secure connection with your Web browser whenever you give CBD sensitive or confidential information (for example, credit card numbers for Purchases). CBD employs a security encryption technology known as secure sockets layer ("SSL") to protect the transmission of payment information (including credit card number, name and address) to the Site. Unless otherwise specified herein or on the Site where you make a Purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes.
Hyperlinks To and From Other Sites
CBD's Site may frame, and/or contain links to, or advertisements about, non-CBD web sites. Other web sites may also reference, advertise, or link to the Site. CBD does not endorse or sponsor other web sites, is not responsible for the privacy practices or the content of non-CBD web sites, expressly disclaims any statements or assertions made on such web sites, and denies all liability associated with your use of, and the content on, such other web sites and advertisements.
Consent to Processing in the United States
Contact Us Regarding Privacy
Cookies by Design, Inc.
Attn: Legal Department
1865 Summit Avenue, Suite 605
Plano, TX 75074
NOTIFICATION OF CHANGES
Effective Date: August 21, 2008
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