Bake Me A Wish! Privacy Policy
Background
Bake Me A Wish! understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.
This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Policy, you must stop using Our Site.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
- Account
- An account required to access and/or use certain areas and features of Our Site.
- Cookie
- A small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 11, below.
- Our Site
- This website, www.bakemeawish.com.
- USA, UK and EU Cookie Law
- The relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015.
- We/Us/Our
- Bake Me A Wish, a company registered in America, whose registered address is 330 W 38TH ST, Suite 607, New York, New York, 10018.
2. Information About Us
Our Site www.bakemeawish.com is owned and operated by Bake Me A Wish, a company registered in America, whose registered address is 330 W 38TH ST, Suite 607, New York, New York, 10018.
Our data protection officer is Max Stoupnikov who can be contacted at [email protected].
3. Scope - What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. It does not extend to any websites that are linked to from Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
4. What Data Do We Collect?
Some data will be collected automatically by Our Site and Our Application (for further details, please see section 11 on Our use of Cookies), other data will only be collected if you voluntarily submit it and consent to Us using it for the purposes set out in section 5, for example, when signing up for an Account and placing an order.
Depending upon your use of Our Site, We may collect some or all of the following data:
- Name
- Business/company name
- Contact information such as email addresses and telephone numbers
- Shipping information such as address and recipient's name and address
- Demographic information such as country
- IP address (automatically collected)
- Web browser type and version (automatically collected)
- Operating system (automatically collected)
- A list of URLs starting with a referring site and your activity on Our Site
5. How Do We Use Your Data?
All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). For more details on security see section 6, below.
We use your data to provide the best possible products and services to you. This includes:
- Providing and managing your Account
- Providing and managing your access to Our Site
- Personalizing and tailoring your experience on Our Site
- Supplying Our products and services to you
- Personalizing and tailoring Our products and services for you
- Responding to communications from you
- Supplying you with email newsletters that you have subscribed to (you may unsubscribe or opt-out at any time by following the unsubscribe links in the newsletter emails)
- Analyzing your use of Our Site and Our Application and gathering feedback to enable Us to continually improve Our Site and your user experience
In some cases, the collection of data may be a statutory or contractual requirement, and We will be limited in the products and services We can provide you without your consent for Us to be able to use such data.
With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email AND/OR telephone with information, news and offers on Our products AND/OR services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights.
We will only process your personal data if at least one of the following basis applies:
- You have given consent to the processing of your personal data for one or more specific purposes
- Processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract
- Processing is necessary for compliance with a legal obligation to which we are subject
- Processing is necessary to protect the vital interests of you or of another natural person
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
- Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
5.1 AI Chatbot (“Wishbot”)
Our Site may offer an AI-powered chat feature (for example, “Jeannie – Your Personal Wishbot”) to help answer questions, provide customer support, and assist with shopping and orders.
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Information you provide in chat. When you use the chatbot, we process the content of the messages you submit (which may include personal information if you choose to share it).
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Information collected automatically. To operate the chat feature and protect our services, we (or our service providers) may collect technical and usage information such as IP address, device/browser information, timestamps, and a session or conversation identifier (similar to the information described elsewhere in this Policy).
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How we use chatbot information. We use chatbot information to:
- Provide customer service and respond to inquiries
- Improve the quality, accuracy, and safety of the chatbot and our customer support
- Maintain the security of our Site, prevent fraud, and enforce our policies
- Comply with legal obligations
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Sharing and confidentiality. We treat chatbot messages as personal information and do not publish them. We do not sell chatbot messages. We may share chatbot messages with service providers who help us operate the chat feature and the underlying AI technology (for example, hosting providers and AI model providers) solely to provide the chat feature, maintain security, and improve service quality, and only as permitted by our contracts and applicable law.
We do not permit our AI model provider to use chatbot content to train their general-purpose models.
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Retention. We retain chatbot transcripts for 180 days unless a longer retention period is required for legal, security, dispute-resolution, or operational purposes.
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Please don’t share sensitive information. Do not enter payment card numbers, government IDs, medical information, or other sensitive personal information into the chatbot. If you need to share sensitive information for a specific request, please contact us through the methods listed in the “Contacting Us” section instead.
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Human review. Chatbot conversations may be reviewed by authorized personnel for customer support, quality assurance, safety, and fraud prevention purposes.
6. How and Where Do We Store Your Data?
We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it. In any event, We will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy.
When using Our Site some or all of your data is stored in USA and transferred outside of the European Economic Area ("the EEA") (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements.
Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.
Steps We take to secure and protect your data include:
- Strict Security Guidelines for our Personnel
- HTTPS and HSTS
- Encrypted personal login details
- We do not store any payment card data in payment card terminals, our server or other unprotected endpoint devices, such as PCs, laptops or smart phones
Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.
8. What Happens If Our Business Changes Hands?
We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us, unless otherwise agreed in a contract to which you are a party.
9. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it
You may access most areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site (like placing an order) you may be required to submit or allow for the collection of certain data.
You may restrict your internet browser's use of Cookies. For more information, see section 11.
You may withdraw your consent for Us to use your personal data as set out in section 5 at any time by contacting Us using the details set out in sections 14 and 16, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible products and services to you.
You may view the information we have on file for you by logging into your Bake Me A Wish! account. In addition, if your information changes, you may correct, update, amend, remove, or ask to have it removed by making the change on your My Account settings page or by emailing our Customer Support Team at [email protected] or by contacting us by phone at 888-987-9474. We will respond to your request within 48 hours.
10. How Can You Access Your Data?
You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details at [email protected], or using the contact details below in section 14.
12. Summary of Your Rights under GDPR
Under the GDPR, you have:
- 12.1 the right to request access to, deletion of or correction of, your personal data held by Us
- 12.2 the right to complain to a supervisory authority; be informed of what data processing is taking place
- 12.3 the right to restrict processing; the right to data portability; object to processing of your personal data
- 12.4 rights with respect to automated decision-making and profiling (see section 13 below)
To enforce any of the foregoing rights or if you have any other questions about Our Site or this Privacy Policy, please contact Us using the details set out in section 16 below.
13. Automated Decision-Making and Profiling
In the event that We use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on You, You have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from Us.
The right described above does not apply in the following circumstances:
- The decision is necessary for the entry into, or performance of, a contract between the You and Us
- The decision is authorized by law
- You have given you explicit consent
Where We use your personal data for profiling purposes, the following shall apply:
- Clear information explaining the profiling will be provided, including its significance and the likely consequences
- Appropriate mathematical or statistical procedures will be used
- Technical and organizational measures necessary to minimize the risk of errors and to enable such errors to be easily corrected shall be implemented; and All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling
14. Contacting Us
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at [email protected] or use our Contact form.
Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).
15. Changes to Our Privacy Policy
We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
16. Abuse
To report any abuse or violations of Bake Me A Wish! services, or to contact us with any questions or concerns regarding this privacy policy, email us at [email protected], or call 888-987-9474. Bake Me A Wish! will respond to your inquiry or complaint within 30 days.
