Effective Date and Last Updated: June 15, 2021

Our Commitment to Privacy

Your privacy is important to us at Kodiak Cakes, LLC (“Kodiak Cakes,” we,” “us,” or “our”), and we are committed to safeguarding, preserving, and respecting your privacy.  This online privacy statement (the “Statement” or “Notice”) describes how we collect, use, disclose, and the security of the personal information we gather about you through our website, https://kodiakcakes.com (the “Website”) or otherwise.  It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

For purposes of this Statement, personal information means data that classifies as personal information, personal data, or personally identifiable information under applicable data privacy and security laws and regulations.  It does not include data excluded or exempted from those laws and regulations.

This Statement does not apply to any other website maintained by other companies or organizations to which we link.  Kodiak Cakes is not responsible for the content or activities provided on those websites.

You Consent to This Statement

You should read this Statement carefully.  We recommend printing and retaining a copy for your future reference.  By accessing, browsing, or otherwise using the Website, you confirm that you have read, understood, and agreed with this Statement.  If you do not agree to this Statement, you may not use this Website.

This Statement applies regardless of how the Website is accessed and will cover any technologies or devices by which Kodiak Cakes makes the Website available to you.

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

The Information We Collect and How

We collect the information you voluntarily provide directly to us, such as when you complete a form or submit information to us.  We also collect information when you interact with the Website, for example, through our use of cookies.

Information You Provide

• 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 mailing address.
• If you send us an email, we will collect your email 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.
• Interacting With Our Blog. If you interact with our blog by posting a comment or sharing a post, we may collect the information 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.

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 as You Navigate Our Website

We automatically collect certain information as you use the Website, such as the following:

• 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.
• Mobile Device Information.  In addition to the Device Information listed above, when you access our Website via a browser on your mobile device, we may collect mobile network information, including telephone number, the unique device identifier assigned to that device, mobile carrier, operating system, and other device attributes.
• Location Information.  We may collect information about your actual location which may be determined from GPS and other sensors that may reveal information on or nearby devices, Wi-Fi access points, and cell towers.

How Do We Use “Cookies” and Other Tracking Technologies? 

We may send one or more Cookies to your computer or other device.  We also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Website.  These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Website.  This information allows us to understand how you use the Website.

What Are Cookies?

Cookies are small files created by websites, including our Website, that reside on your computer’s hard drive and that store information about your use of a particular website.  When you access our Website, we use Cookies and other tracking technologies 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;
• Provide you with more personalized content that is most relevant to your interest areas; and
• Recognize when you return to our Website

We set some Cookies ourselves and others are set by third parties.  You can manage your Cookies preference as described in the “Managing Your Cookies” section below.

What Types of Cookies Do We Use and Why?

These are the different types of Cookies that we and our service providers use on the Website:

• Essential Cookies.  These Cookies are required for the operation of the Website and enable you to move around the Website and use its features.  Disabling these Cookies can negatively impact the Website’s performance.

• Analytics, Performance and Research Cookies.  These Cookies allow us to analyze activities on the Website.  They can be used to improve the functioning of the Website.  For example, these Cookies recognize and count the number of visitors and see how they move around the Website.  Analytics Cookies also help us measure the performance of our advertising campaigns to help us improve them and to optimize the Website’s content for those who engage with our advertising.
• Functionality Cookies.  These Cookies are used to recognize you when you return to the Website.  This enables us to personalize content for you and remember your preferences.
• Social Networking Cookies.  These Cookies are used to enable you to share pages and content that you find interesting on our Website through third-party social networking and other websites.  These Cookies may also be used for advertising purposes.

How Long Do Cookies Stay on My Device?

Some Cookies operate from the time you visit the Website until the end of that particular browsing session.  These Cookies, which are called “session cookies,” expire and are automatically deleted when you close your Internet browser.

Some Cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your Internet browser.  These Cookies are called “persistent cookies” and the length of time they will remain on your device will vary from Cookie to Cookie.  Persistent Cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Website, how your use of the Website may change over time, and the effectiveness of advertising efforts.

Managing Your Cookies

It may be possible to block Cookies by changing your Internet browser settings to refuse all or some Cookies.  If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Website.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Website, compile reports on the Website’s activity, and provide other services related to Website activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here.

We also use Google Remarketing features to collect data about visitors to our Website to, among other things, deliver advertising content on sites across the Internet in a manner that is specifically directed toward the interests expressed by the visitors while on our Website. Google uses Cookies to serve ads based on someone’s past visits to the Website. You can opt-out of Google’s use of Cookies to serve ads based on your past visits to the Website via the following link: Google Ad Settings.

Facebook Pixel

We use Facebook Pixel to deliver advertising content on sites across the Internet in a manner that is specifically directed toward the interests expressed by the visitors while on our Site.  You can learn how to adjust your Facebook ad preferences here.

Does the Website Respond to “Do Not Track” Signals?

There is no industry agreed-upon response to a Do Not Track signal.  At this time, our Website does not respond differently based on a user’s Do Not Track signal.

How We Use the Personal Information

We use personal information we collect about you or that you provide to us 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 additions, upgrades, or changes in our services.

How We Share the Personal Information We Collect

We may share your personal information:

• With third parties who perform data services on our behalf (g., hosting, maintenance, backup, analysis, etc.). Any such third parties will be under an obligation to us to maintain the confidentiality of your personal information.
• To third-party service providers to prepare, deploy, and analyze advertising content;
• To the extent that we are required to do so by law;
• In connection with any legal proceedings or prospective legal proceedings;
• To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
• To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information;
• To any third parties as part of any transaction or asset sale;
• In the event of bankruptcy or dissolution proceedings, or as part of the sale or reorganization process; and
• To any other person or entity where you consent to the disclosure.

Your Personal Information and Your Rights – California

If you are a California user, you have certain rights with respect to the collection, use, transfer, and processing of you “Personal Information,” as defined by the California Consumer Privacy Act (“CCPA”).  We reserve the right to limit these rights where permitted under applicable law, including where your identity cannot be reasonably verified or to the extent your rights adversely affect the rights and freedoms of others.  To exercise any of the rights below, please contact us via the contact information below.  Only you or an authorized agent registered with the California Secretary of State may make a verifiable consumer request related to your Personal Information.

What Information Do We Collect?

In the previous 12 months, DPC has collected the following categories of Personal Information:

[1] Categories of Personal Information are as defined in Cal. Civ. Code. § 1798.140(o)

The above examples are illustrative examples from the CCPA and do not reflect the specific pieces of information we collect. 

Sources From Which Personal Information Is Collected

We collect your Personal Information directly from you, from your interaction with the Website, and from third parties which collect the Personal Information directly from you. 

Third Parties With Whom Personal Information Is Shared

In the preceding 12 months, we have disclosed the following Personal Information about consumers for business purposes:

• We share Personal Information in categories A (identifiers), B (personal), C (protected class), D (commercial), F (internet), G (geolocation), and K (inferences) with service providers.
• We may share content posted on our social media platforms with other consumers (g., through a retweet or by sharing a consumer “comment” on a story). Such posts may include Personal Information in categories A (identifiers) and B (personal), but the content depends on the individual post.
• We allow certain companies to use Personal Information in categories F (internet), G (geolocation) and K (inferences) to enhance online experiences and customize advertising.

In the preceding 12 months, we have not sold Personal Information.

In the preceding 12 months, we have not sold Personal Information about minors.

Individual Rights

1. Right to Know About Personal Information Collected, Disclosed, or Sold

You have the right to request that Kodiak Cakes to disclose the Personal Information it collects, uses, and discloses about you to third parties.  There are two types of Rights to Know requests that you can make:

1. Right to Know (Abbreviated Request): If you make a Right to Know (Abbreviated Request), you will receive the following information about you:
   1. Categories of Personal Information collected;
   2. Categories of sources from which Personal Information is collected;
   3. Business purpose for collecting; and
   4. Categories of third parties with whom shared.
2. Right to Know (Specific Pieces of Information Request): If you make a Right to Know (Specific Pieces of Information Request), you will receive the following information about you:
   1. Specific pieces of Personal Information collected about you.

This information will be provided to you free of charge, unless Kodiak Cakes determines that your request is manifestly unfounded or excessive.  You may request this information twice in a 12-month period.

There are certain exceptions to a consumer’s Right to Know.  Kodiak Cakes will state in its response if an exception applies.

1. Right of Deletion

You have the right to request that Kodiak Cakes and our service providers delete any Personal Information about yourself which we have collected from you upon receipt of a verifiable request.  This right is subject to certain exceptions.  We will state in our response if an exception applies.

1. Right to Opt-Out of the Sale of Personal Information

You have the right to opt-out of the sale of your Personal Information by a business subject to certain laws and regulations. 

Kodiak Cakes does not, and will not, sell any Personal information of California consumers. We will update this Privacy Policy and comply with applicable laws and regulations in the event that we sell Personal Information of California consumers in the future.

1. Right to Non-Discrimination

You have the right not to receive discriminatory treatment for exercising the privacy rights conferred by California law.  We will not discriminate against you because you exercised any of your privacy rights, including, but not limited to, by: denying goods or services to you; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level of quality of goods or services to you; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

1. Submitting Requests

You can submit your request by calling us at (877) 381-5407. You may also submit a request by sending us an email at flapjacks@kodiakcakes.com.

1. Verifying Requests

When Kodiak Cakes receives a request, it must verify that the person requesting information or deletion is the California consumer about whom the request relates in order to process the request.  To verify a California consumer’s identity, we may request up to three pieces of Personal Information about you when you make a request to compare against our records.  We may also request that you sign a declaration under the penalty of perjury from the consumer whose personal information is the subject of the request. 

Making a verifiable consumer request does not require you to create an account with us. 

We will only use Personal Information provided in your request to verify your identity and will delete any information you provide after processing the request.  Kodiak Cakes reserves the right to take additional steps as necessary to verify the identity of California consumers where we have reason to believe a request is fraudulent.

1. Authorized Agents

You may choose a person registered with the California Secretary of State that you authorize to act on your behalf to submit your requests (“Authorized Agent”).  If you choose to use an Authorized Agent, Kodiak Cakes requires that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with Kodiak Cakes.  Failure to do so may result in denial of your request.

Contact for More Information

If you have any questions or concerns regarding your California Privacy Rights under this Privacy Policy, please feel free to contact us at (877) 381-5407, or send us an email at flapjacks@kodiakcakes.com.

Advertising and Marketing Choice

Depending on your location (and reflecting applicable law), you may have been asked to indicate your preferences, provide us with your consent regarding the receipt of such information from us, and indicate how you would like to receive it.

Wherever you are located, we will send you marketing communications based on any preferences you may have expressed.

We only want to send you information in which you are interested.  If you do not want to receive these communications or would like to understand more about other unsubscribe options, please contact us as set out in the “How to Contact Us” section below.

For email communications, you can opt-out and/or manage your preferences by clicking on the unsubscribe link provided at the bottom of any email you receive from us.  If we call you with information you do not want to receive, you can advise us of this during the telephone call.

Third-Party Links

The Website may contain links to third-party websites.  When we provide links, we do so only as a convenience and do not endorse any products or services and are not responsible for any content of any third-party website or any links contained within.  It is important to note that this Notice only applies to this Website.  We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting their website.  We also advise that you read the privacy notice of any third-party websites you choose to visit carefully.

Our Commitment to Data Security

The security of your personal information is important to us.  We take various reasonable organizational and technical measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction.  However, we cannot and do not guarantee complete security, as it does not exist on the Internet.

Our Commitment To Children’s Privacy

Protecting the privacy of the very young is especially important.  This Website is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13.  In the event that we learn that we have collected personal information from a child under age 13 without verification or parental consent, we will immediately delete that information.  If you believe that we might have any information from or about a child under 13, 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 these privacy policies, please feel free to contact us at flapjacks@kodiakcakes.com.   

Changes to This Privacy Policy

This Notice may change from time to time. We will post any changes to the Notice on this page.