Privacy Policy

 Effective Date and Last Updated: July 20, 2023

Our Commitment to Privacy

Kodiak Cakes, LLC (“Kodiak,” we,” “us,” or “our”) respects your privacy and is committed to protecting it through our compliance with this privacy policy (“Privacy Policy” or “Policy”).

This Policy describes the types of information we may collect from you or that you may provide when you visit the website, https://kodiakcakes.com (the “Website”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect:

• On the Website.
• In email and other electronic messages between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Kodiak that does not link to this Policy; or
• Any third party, including any application or content (including advertising) that may link to or be accessible from or through the Website.

You Consent to This Policy

You should read this Policy carefully.  By accessing, browsing, or otherwise using the Website, you confirm that you have read, understood, and agreed with this Privacy Policy.  If you do not agree to this Policy, your choice is not to use this Website. This Policy may change from time to time as described in the “Changes to This Privacy Policy” section below. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

If you have any questions or concerns about our personal information policies or practices, you can contact us using the information provided in the “How to Contact Us” section below.

The Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, and other identifiers by which you may be contacted online or offline (“personal information”);
• About your Internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you voluntarily provide it to us, such as when you complete a form or submit information to us. 
• Automatically as you navigate and interact with the Website. Information collected automatically may include usage details, IP addresses, device identifiers, and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, our business partners.

Information You Provide Us

The information we collect on or through our Website may include:

• Completing forms on our Website. If you request to receive information or fill out any forms on our Website, we may ask you to provide information such as your name, e-mail address and/or postal address, and telephone number.
• Information you provide when registering for an account. When you register an account on our Website, we collect your username and password.
• Contacting us by e-mail. If you send us an e-mail, we will collect your e-mail address and any information that you provide in the email.
• Social Media. If you interact with our Website by sharing on a social media platform, we may collect information that you post.  Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private.
• Payment Information. If you purchase goods from our Website, we collect your billing information, including your credit card number.

Information That We Collect About You

Based on the specific relationship or individuals involved, we may collect the following categories of information on our own or from third parties about you in accordance with applicable law:

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including

• Usage Information.  We may collect information automatically through your use of the Website, such as which of the pages on the Website you access, the frequency of access, and what you click on while on our Website.
• Device Information.  We may collect information about the device you are using, such as hardware model, operating system, application version number, browser, and IP addresses.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). For information on your choices for opting out of behavioral tracking on the Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choices about behavioral tracking, see the “Choices About How We Use and Disclose Your Information” section below.

The information we collect automatically helps us to improve our Website and to deliver a better and more personalized customer experience, including by enabling us to:

• Estimate our audience size and usage patterns;
• Store information about your preferences, allowing us to customize our Website according to your individual needs;
• Contact you to provide you with information or services that you request from us;
• Advertise new content, events, and services that relate to your interests; and
• Recognize when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see the “Choices About How We Use and Disclose Your Information” section below.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, in the following ways:

• To present our Website and its contents in a suitable and effective manner for you and your device;
• To contact you to provide you with information or products that you request from us;
• To advertise products or services that we think may be of interest to you;
• To provide customer support, troubleshoot issues, manage accounts, and respond to requests, questions, or comments;
• To carry out our obligations and enforce our rights arising from any contracts; and
• To notify you about any changes to our Website or any additions or upgrades to the services we offer.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please see the “Choices About How We Use and Disclose Your Information” section below.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business, including: advertising networks, data analytics providers (note that we use Hotjar in order to better understand our users’ needs and to optimize the Website. Hotjar is a technology service that helps us better understand our users’ experience (g., how much time they spend on which pages, which links they choose to click, what users do and do not like, etc.) and this enables us to build and maintain the Website with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address, device screen size, device type (unique device identifiers), browser information, geographic location, and the preferred language used to display the Website; You can opt out by changing your “do-not-track” settings; for more information on how to opt out visit https://www.hotjar.com/policies/do-not-track/‍), marketing platforms and automation software providers, payment processors, social networks (including links to our Facebook, Pinterest, Instagram, and Twitter pages), payment processing vendors, tag management systems, technology solution providers, data connectivity platforms, digital behavioral data solution providers (including ShareThis), ecommerce platforms, and video sharing platforms (including YouTube; for more information about YouTube’s collection of information, see Google’s privacy policy at: http://www.google.com/policies/privacy).
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Kodiak’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Kodiak about our users is among the assets transferred.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our agreements with you, including our Terms of Service.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Kodiak, our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We respond to “Do Not Track” signals as set forth in our California Privacy Policy. You may also control your information as follows:

• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.

Google Analytics

Google Analytics collects personal information through the Website, including through the use of cookies. For information about how Google Analytics collects and processes data, please visit: https://policies.google.com/technologies/partner-sites. To opt out of having your information used by Google Analytics, please visit: https://tools.google.com/dlpage/gaoptout/. For more information, please visit Google’s privacy policy at: https://policies.google.com/privacy?hl=en&fg=1.

Additionally, third parties, including Google (through, for example, our use of Google Analytics Advertising Features, including Dynamic Remarketing), may place and read cookies on your browser, or use web beacons to collect information in connection with ad serving on or through the Website, including for the purposes of showing our ads on sites across the internet.  Our partners will collect personal information for personalization of ads and may use first-party cookies or other first-party identifiers and third-party cookies and other third-party identifiers for personalized and non-personalized advertising and measurement. Ad serving may be based on users’ visits to the Website or other websites on the Internet, and your activity may be tracked over time and across websites. For information about how Google collects, shares, and uses data, please visit: https://policies.google.com/technologies/partner-sites. You can opt out of Google’s use of cookies or device identifiers by visiting the Google Ads Settings web page at: http://www.google.com/ads/preferences/. For more information, please visit Google’s privacy policy at: https://policies.google.com/privacy?hl=en&fg=1. You can opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page or control the use of device identifiers by using your device’s settings.

Meta Pixel

We use Meta Pixel to analyze user activity on our Website for remarketing and behavioral targeting. The Meta Pixel is triggered when you perform certain activities on the Website, and aids us in displaying Facebook ads to Facebooks users who have visited our Website, or Facebook users who share certain characteristics with visitors to our Website. Meta and other third parties may use cookies, web beacons, and other storage technologies to collect information from the Website and from other Internet websites, and use that information for the purposes of targeting ads and providing measurement services. Meta may track your activity over time and across websites. For more information about the data Meta collects, please visit Meta’s privacy found here. More specific information about Meta Pixel can be found here.  

Tik Tok

The Website uses TikTok Business Products that involve TikTok's access to or storage of information on your device, including but not limited to the TikTok Pixel or other similar tracking technologies (such as access to data using pixels, cookies, APIs, SDKs, etc.) to collect information about how users use the Website. Information collected through such tools is used to provide measurement services and/or to target ads. You can opt out of receiving targeted ads (including ads served using non-cookie technologies) from members of the NAI on the NAI's website, available at: https://optout.networkadvertising.org/?c=1. You can also visit the Digital Advertising Alliance’s website, available at https://youradchoices.com/, to use its Consumer Choice Tools, or control the use of device identifiers by using your device’s settings.

• Promotional Offers from Kodiak. If you do not wish to have your information used by Kodiak to promote our own or third parties' products or services, you can opt-out by sending us an e-mail stating your request to flapjacks@kodiakcakes.com. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future email distributions, or click “unsubscribe” in the relevant communication. If we call you with information you do not want to receive, you can advise us of this during the telephone call. This opt out does not apply to information provided to Kodiak as a result of a product purchase, product service experience, or other transactions.

• Targeted Advertising. We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads (including ads served using non-cookie technologies) from members of the NAI on the NAI's website, available here. You can also visit the Digital Advertising Alliance’s website, available here, to use its Consumer Choice Tools.

California, Virginia, Colorado, Connecticut, and Utah residents may have additional personal information rights and choices. Please see the applicable information below for more detail.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information's nature and processing purpose.
• Opt out of profiling in furtherance of decisions that produce legal or similarly significant effects.

Connecticut and Utah also provide their state residents with rights to out of processing of sensitive personal data, including personal data that reveals an individual's citizenship or immigration status and the processing of biometric data.

To exercise any of these rights or appeal a decision regarding a rights request, follow the instructions as set forth in the “Exercising Your Rights” section below.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to flapjacks@kodiakcakes.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

California Privacy Policy

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to flapjacks@kodiakcakes.com, or write us at: P.O. Box 980992, Park City, UT 84098.

The following disclosures are made pursuant to the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CCPA”). These disclosures apply to individuals who reside in the State of California and supplement any other privacy notices we previously or contemporaneously provided to you, including any California-specific privacy notice provided to you if you are an employee of Kodiak. Any terms defined in the CCPA have the same meaning in this notice.

Right to Know

California residents have the right to be informed of the categories and specific pieces of personal information collected about them, including sensitive personal information, collected, used, and disclosed, the categories of sources from which that information is collected, whether that information is sold or shared, the categories of third parties to whom that information has been disclosed, the business or commercial purposes for collecting and using each category of personal information, and the intended retention period for each category of personal information. 

The below chart reflects the categories of personal information we have collected from California residents, the categories of sources from which the information was collected, the business or commercial purpose for which the information was collected, the categories of third parties with whom we disclosed that information, and our anticipated retention period for each category of information.  

Right to Limit Use and Disclosure of Sensitive Personal Information

We do not collect or process sensitive personal information for the purpose of inferring characteristics about consumers. We also do not disclose sensitive personal information for purposes other than those specified in section 7027(m) of the CCPA regulations promulgated by the California Privacy Protection Agency. Therefore, we do not offer consumers the option to limit the use of their sensitive personal information.

Right to Opt Out of Sharing for Cross-Context Behavioral Advertising

In the past twelve months we have used data about your activities on our online properties to serve you ads on online properties owned or controlled by third parties. In the past twelve months, we have provided the following categories of information to advertising networks, data analytics providers, social media networks, affiliates, data connectivity platforms, digital behavioral data solution providers, marketing platforms and automation software providers, tag management systems, and video sharing platforms for this purpose:

Personal identifiers, such as unique personal identifier, online identifier, internet protocol address, device information and identifiers, and unique advertising identifiers and cookies; Internet and other electronic network activity information; geolocation information; inference data, California Customer Records personal information; characteristics of protected classifications; sensory data; and commercial information.

You can opt-out of this sharing of personal information for cross-context behavioral advertising in a frictionless manner by activating Global Privacy Control (“GPC”) opt out preference signal through the browser you are using. To learn more about the GPC, click here.  You may also contact us as set forth in the “Exercising Your Rights” section below.

Right to Opt Out of Sale

While we do not sell personal information in exchange for monetary consideration, we do share personal information for other benefits that could be deemed a “sale,” as defined by the CCPA. The CCPA broadly defines “sale” in a way that may include actives such as the delivery of targeted advertising on websites or allowing third parties to receive certain information, such as cookies, IP address, and/or browsing behavior. In the past twelve months, we have provided the following categories of information to advertising networks, data analytics providers,  social media networks, affiliates, data connectivity platforms, digital behavioral data solution providers, marketing platforms and automation software providers, tag management systems, and video sharing platforms in ways that could be considered a “sale” under California law:

• Personal identifiers, such as unique personal identifier, online identifier, internet protocol address, device information and identifiers, and unique advertising identifiers and cookies; Internet and other electronic network activity information; geolocation information;  inference data; California Customer Records personal information; characteristics of protected classifications; commercial information; and sensory data.

We disclosed these categories of information to these third parties in order to market and advertise our products and services; perform analytics; and to maintain, improve, upgrade, or enhance our products or services.

We have no actual knowledge of selling the personal information or the sensitive personal information or minors under 16 years of age.

California residents have the right to opt out of the “sale” of their personal or sensitive personal information.

You can opt-out of this sharing of personal information for cross-context behavioral advertising in a frictionless manner by activating Global Privacy Control (“GPC”) opt out preference signal through the browser you are using. To learn more about the GPC, click here.  You may also contact us as set forth in the “Exercising Your Rights” section below.

Right to Delete Personal Information

You have the right to request the deletion of your personal information, subject to certain exceptions.

Right to Correct Inaccurate Personal Information

You have the right to request the correction of any inaccurate personal information that we maintain about you.

Right to Access

You have the right to request the categories and specific pieces of personal information we have collected about you.

Right of Non-Retaliation and Non-Discrimination

You have the right to exercise the privacy rights conferred to you under the CCPA without receiving retaliatory or discriminatory treatment. Company does not retaliate or discriminate against your for exercising the privacy rights conferred to you under the CCPA.

Notice of Financial Incentive

Kodiak maintains a loyalty program (VIP Program) that provides discounts to those who choose to participate. We offer the VIP Program to enhance our relationship with you so that you can enjoy more of our products at a lower price. Participation in the VIP Program is entirely optional. Should you wish to participate, you will be asked to provide some personal information, such as name, e-mail address, and telephone number.

Under California law, the VIP Program may be considered a financial incentive provided in exchange for the collection, use, and retention of personal information. In our good faith calculation we consider the value of consumer data collected through the VIP Program as the equivalent of relevant expenses related to the collection and retention of consumers’ personal information as part of the Program.  

You can opt-out from the VIP Program at any time by contacting us via one of the methods set forth in the “Exercising Your Rights” section below. You may also submit a request that we delete your personal information as described in this Privacy Policy.

Exercising Your Rights

To exercise your rights, you may contact us via phone at (877) 381-5407 or e-mail at flapjacks@kodiakcakes.com. Requesters will need to provide us with personal information in order to verify their identity and residency, including name, e-mail, and state of residence. We will compare the information you provide with our internal records. The personal information that we use to verify identity and residency will not be used for any other purpose.

You may authorize an agent to submit a request on your behalf if you provide the authorized agent with written permission signed by you. Company may require you to verify your identity directly with us and confirm that you provided the authorized agent with permission to submit a request on your behalf.

Data Security and Retention

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website , you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website . Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website .

We retain your information for as long as needed: (i) to conduct business with you; (ii) as needed for the purposes outlined in this Privacy Policy; and (iii) as necessary to comply with our legal obligations, resolve disputes, and enforce any agreements.

Children’s Privacy

This Website is not intended for children, as defined under applicable law. We do not knowingly collect personal information from children.  In the event that we learn that we have collected or received personal information from a child, we will immediately delete that information.  If you believe that we might have any information from or about a child, please contact us using the information provided in the “How to Contact Us” section below.

How to Contact Us

Should you have other questions or concerns about this Privacy Policy and our privacy practices, please feel free to contact us at flapjacks@kodiakcakes.com. Additionally, you can contact us using the information below:

P.O. Box 980992
Park City, UT 84098

(877) 381-5407

Changes to This Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' personal information, we will notify you in accordance with applicable law. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.