Privacy Policy

AUSTIN CAKE BALL, LLC.
WEBSITE PRIVACY POLICY

This Privacy Policy (this “Policy“) applies to all account holders, users, customers and visitors (referred to as “you” below) of the Austin Cake Ball website accessible at http://www.austincakeball.com, and any other website (all of the foregoing, collectively, the “Austin Cake Ball Website“) operated or owned by Austin Cake Ball, LLC. (“we” or “Austin Cake Ball“), unless contrary or additional policies or provisions are expressly stated to apply at such other websites or with respect to a given web page or feature.

You agree to this Policy by displaying, using or accessing the Austin Cake Ball Website, by registering for an account at the Austin Cake Ball Website, by placing an on-line order for any product or service provided by Austin Cake Ball, by requesting an Austin Cake Ball catalog, by submitting any information or other material to the Austin Cake Ball Website, or by allowing or authorizing any person to do any of the same on your behalf or for your benefit. If you do not agree with this Policy, please do not register an account on, use, or authorize another on your behalf to use, the Austin Cake Ball Website or any such services or features. Questions and concerns regarding this Policy should be directed by e-mail to online@austincakeball.com.

Austin Cake Ball respects your privacy. Any information you give us is held with care and security, and will only be used as described in this Policy or otherwise with your consent. We allow our users to opt-out of many non-critical uses, however, we want to be upfront about the fact that part of the Austin Cake Ball business includes leveraging certain aspects of your information for the various commercial purposes described below, which allows us to present to you products and services that fit the Austin Cake Ball philosophy.

Registration and Information Collected

In order to place an order or to access certain features or services on the Austin Cake Ball Website, you may be required to first create an account or become an Austin Cake Ball Website member and complete one or several forms. During registration (and possibly thereafter) you may be asked to give your name, a contact telephone number, a PIN or password, your postal address, delivery address, e-mail address, and other contact or pertinent information. Austin Cake Ball may also ask for other information required to provide a particular service, such as your business name, name and delivery address of someone receiving a gift you would like to order, and other relevant information. Information may also be collected by your presence on the Austin Cake Ball Website, even if you have not registered or subscribed.

Generally, this information falls into one of four categories: (1) “Personal Information,” such as your name and e-mail address, which can be used to personally identify or contact you (or to confirm your identity in the case of user IDs and passwords), (2) “Billing Information,” such as your credit card information, which is a subset of Personal Information and which we may use to bill you for an order or a service you have knowingly purchased, (3) “Usage Information” such as your IP address, click patterns on the Austin Cake Ball Website, ordering and product consumption patterns, opinions, reviews or other matter you have posted or submitted, and other information indicative of your purchase patterns and use of the Austin Cake Ball Website, and (4) “Anonymous Information” which is extracted from Personal Information and Usage Information and then aggregated across users to determine the demographics, habits, preferences, or statistical characteristics of the Austin Cake Ball Website users, but which cannot be used to identify you or your specific usage history.

How Each Type of Information Is Used

Austin Cake Ball will use your Personal Information as follows: (1) to regulate access to the Austin Cake Ball Website and its features and services, as well as to your account (such as requiring passwords to place an item in your shopping cart or wish list or to submit an order); (2) to personalize and enhance your experience when visiting the Austin Cake Ball Website; (3) to promote to you Austin Cake Ball or Austin Cake Ball endorsed products or services (including contacting you by e-mail and sending you product catalogs via postal mail) provided that you may opt-out of receiving promotions from us through various mechanisms we provide (for example, an unsubscribe link at the bottom of newsletters and promotional emails); (4) to assist our partners and sponsors in promoting to you their cool products or services (including contacting you by e-mail and sending you their catalogs by postal mail), and also to share information with, or license it to, other cool companies who wish to promote their offerings to you or who offer list services to other cool advertisers, provided that third party promotions are generally performed through third party processors who perform mailings and promotions on our behalf and do not allow access to our mailing lists to our partners, and provided also that you may opt-out through various mechanisms we provide (for example, an unsubscribe link at the bottom of newsletters and promotional emails), and (5) for other internal or administrative purposes consistent with our mission of providing our users and members with the highest quality experience in a secure manner, including contacting you about critical updates to the Austin Cake Ball Website or the products or services you purchase or use. In addition, we occasionally update and augment our user Personal Information through use of third party processing services which require us to share that information with that partner in order to make sure that the information we have is current and complete, and that processing partner may use information we provide to augment its own data.

We will use your Billing and Usage Information, as applicable, to bill you for your orders of Austin Cake Ball products and for any Austin Cake Ball Website services which you knowingly purchase, and to provide you with technical and billing support.

We will use Anonymous Information to optimize our marketing and product development efforts (such as keyword advertising purchases and search engine optimization), to determine the success of our marketing campaigns, to provide anonymous demographic information to sponsors, advertisers and partners, and other relevant commercial purposes which do not identify you individually. We may also provide Anonymous Information to our sponsors, advertisers and partners so that they may track the success of their advertising and promotional efforts, for example, to determine the demographic attributes and use preferences of visitors to pages in the Austin Cake Ball Website that feature their products or services.

Austin Cake Ball may use third party providers and subcontractors to process your orders, to support features and services offered on the Austin Cake Ball Website, and for internal, administrative, and tracking purposes. Service through these providers may necessarily include providing them with some or all of your Personal Information, Billing Information (for credit card processing, collections, and related matters), and your Usage Information (for subcontracted services and features), but we will use diligent efforts to restrict use of this Information by these third parties to the specific purpose for which the third party has been engaged. Additionally, Austin Cake Ball may share your Information with parents and affiliates under its control or common control, subject to the same restrictions described in this Policy.

In addition, Austin Cake Ball specifically reserves the right, to the maximum extent permitted by law, to use or disclose any Information (a) for the purposes of enforcing our user agreements, use policies and the like or (b) when requested by law enforcement agencies (whether or not under subpoena), if we reasonably suspect a violation of our user agreements or use policies or any applicable law.

Security: How Information is Stored

Austin Cake Ball has used reasonable efforts to put in place appropriate technical and organizational security measures to protect against the loss, misuse and alteration of user data under our control. For example, we use appropriate encryption for payment card transactions if and when we bill you for a product or service, and we impose strict rules on Austin Cake Ball employees who have access either to the databases that store member or user information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration of data will not occur; we make diligent efforts to prevent such unfortunate occurrences. We will not permanently store your credit card or other payment information (if applicable) unless you knowingly consent to such storage and unless we have implemented appropriate PCI (payment card industry) compliant measures to do so.

Billing Information may also be stored by our payment card processors and be subject only to our limited control. For example, our current credit card gateway partner is Authorize.net, and they store billing information on their secure servers and protect it via proprietary methods. Click here to read their privacy policy:

http://www.authorize.net/company/privacy

Please note that information or data (including Usage Information), other than Billing Information, cannot practicably be stored in a manner which is PCI or HIPAA (healthcare patient confidentiality and security) compliant. Accordingly, other than the Billing Information which we specifically request, we do not recommend that you post, upload, provide, or store any sensitive financial, payment, or personal information, and we cannot be responsible in any manner if you do so.

Please help us out with our opt-out procedures by letting us know if you continue to receive promotional materials after you have opted out: we do our best to maintain the integrity of the opt-out information in our database, but occasionally, due to back-up procedures or other issues, have needed to take corrective efforts to be sure that all opt-out information is correct. We ask for your patience and welcome your feedback.

Additionally, we strongly recommend that you keep all of your user information, such as account IDs, passwords, and other sensitive information secret and not disclose such information to anyone else. We cannot be responsible for any use of this information should you disclose it to anyone else, or for the use or distribution of any of your information or data stored with the Austin Cake Ball Website if it is obtained via use of your account ID or password. Please note that Austin Cake Ball will never e-mail you to “phish” for (attempt to convince you to disclose) your user name or password or any billing information via e-mail.

Use of “Cookies,” Web Beacons, and Log Files

Austin Cake Ball uses a feature of your Web browser called a “cookie” — a file that your browser places on your computer’s hard drive to uniquely identify your computer. Austin Cake Ball creates and then uses cookies to make log-in more convenient on the Austin Cake Ball Website, to tell us whether you have previously visited the Austin Cake Ball Website, to track your clicks through the website, and to help us determine whether you came to Austin Cake Ball from a particular Internet link or advertisement. Cookies can also be used to save and retrieve passwords and to save information on past usage of features and other preferences. Austin Cake Ball does not and cannot use cookies to retrieve Personal Information about you from your computer unless such information was knowingly and willingly provided by you.

Some of our business partners, subcontractors, sponsors, and advertisers use cookies through the Austin Cake Ball Website (for example, banner advertisers) to track the success of our or their advertising and marketing efforts, which is standard practice for many of the websites you may visit. If you wish to restrict how cookies are placed on your computer, please check your browser settings, or check your browser’s “Help” information for instructions on how to enhance the security of your browser or limit use of and access to cookies. Please note that your browser’s security settings may disable some features or services on certain websites.

Similarly, Austin Cake Ball, its advertisers, subcontractors, and other partners may also use “web beacons” (small image files which are used to track presence on web pages and surfing patterns) in a similar fashion to cookies, except that web beacons do not store any personal information on your computer. We may also use web beacons or similar technology to track clicks from our newsletters and the like.

Finally, servers owned, controlled, or used by Austin Cake Ball will log each website visitors’ IP address, browser type, operating system, referring and exiting URLs, and other statistical and technical information. Except for user policy, agreement, and law enforcement purposes, Austin Cake Ball will treat this as Anonymous Information.

Posted Information and Use of Community Features

Although it is probably obvious, to the extent you submit or post any content to the Austin Cake Ball Website (or any material which by its nature appears to be intended to be published or posted) or participate in any interactive or community feature on the Austin Cake Ball Website, all of the information contained in your submission or communications will likely become published public information on the Austin Cake Ball Website and possibly published by our affiliates or partners, and Austin Cake Ball will not have any control over the use of such information by users and third parties with access to that information. Austin Cake Ball reserves the right to use all of such information at its discretion without restriction.

Additional privacy policies and other terms may apply to use of any community or interactive feature or service available through the Austin Cake Ball Website or otherwise provided by Austin Cake Ball. Please check the pages containing those features and services for more information.

Newsletters

Users may receive one or several of our various newsletters. You may cancel your newsletter subscription at any time by clicking the “unsubscribe” link on the email newsletter, or by sending notice to online@austincakeball.com. Please note that it may take several weeks for your unsubscribe e-mail to be processed, but using the unsubscribe link in a newsletter generally results in prompt processing.

Other Events

Please note that all information and material collected or provided, in any manner and of whatever nature, may be transferred or assigned by Austin Cake Ball in conjunction with a merger or the sale of all or a portion of the Austin Cake Ball business (or similar event).

Links to Other Websites

The Austin Cake Ball Website contains links to third party websites and advertisements leading to promotions of third party products and services outside of our control. Austin Cake Ball is not responsible for the privacy practices of such other websites or promotions. We encourage our users to be aware when they leave our website and to read the privacy statements of each website that collects personally identifiable information. This Policy applies solely to information collected by the Austin Cake Ball Website and other websites operated or controlled by Austin Cake Ball, and not any third party website.

Children

The Austin Cake Ball Website and the functions and features we offer are not intended for use by children or minors. We ask that children and minors not use the website without their parents’ guidance and only after their parents have fully reviewed the terms applicable to such use, including the contents of this Policy and the Terms and Conditions, and agreed to be bound thereby.

Modifications; Cancellation

Austin Cake Ball reserves the right to reasonably modify this Policy at any time by publication on the Austin Cake Ball Website, by notice through email, or by other reasonable notification means. All such modifications will be binding on all registrants and users. If you are concerned, please check back periodically to review the current Austin Cake Ball Privacy Policy.

If you do not agree with any such changes, or if you no longer wish to be subject to this Policy, you may contact Austin Cake Ball to cancel your account, and upon complete payment of any amounts due and owing to Austin Cake Ball (if applicable), Austin Cake Ball will use diligent efforts to delete your Personal and Billing Information.

Priority

The terms contained in this Policy are subordinate to any contrary terms contained in any express user or membership agreement between a user and Austin Cake Ball or to any express written agreement containing the signatures of authorized representatives of both parties.

Liability

Austin Cake Ball’s liability from or arising out of this Policy or any breach thereof shall be, regardless of theory of liability or cause of action, limited to direct damages, shall not exceed US$100.00 under any circumstance, and is also subject to any general limits of liability stated in the Austin Cake Ball Terms and Conditions.

Copyright © 2009-2013 Austin Cake Ball, LLC. and/or its suppliers, 5310 Burnet Road, Suite 107, Austin, TX 78756, U.S.A. All rights reserved.


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