Introduction

Freshcreamcakes.com is committed to respecting the privacy rights of visitors to its website and its app. This Privacy Policy aims to give you information on how Freshcreamcakes.com (UK) Limited collects and processes your personal data through your use of this website or our app, including and information you may provide through this website or our app when you purchase a product or service, sign up to our marketing emails or take part in a competition. This website is not intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy policy so that you are fully aware of how and why we are using your data.  

Data Controller
Freshcreamcakes.com (UK) Limited is the controller and responsible for your personal data (referred to as Freshcreamcakes.com, we, us or our in this privacy policy). We are registered in England and Wales (registration number 12572183) and our registered office is 119 Alexandra Road , Halesowen, West Midlands, England, B63 4BL  

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways: Full name of legal entity: Freshcreamcakes.com (UK) Limited Email address: hello@freshcreamcakes.com Postal address: 119 Alexandra Road , Halesowen, West Midlands, England, B63 4BL You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.  

Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review. This version was last updated on 03/05/2020. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.  

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.  

What information do we collect?

When you access and move around Freshcreamcakes.com, or purchase a Product from Freshcreamcakes.com, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data which includes: first name, last name, title, date of birth, gender
  • Contact Data which includes: billing and delivery addresses, email address and phone number(s)
  • Financial Data which includes your payment method (e.g. card or Paypal) – Note: we do not capture or store any card information
  • Your Images which you upload
  • Transaction Data which includes: details about payments to and from you and details of products/ services which you have purchased from us
  • Technical Data which includes: IP address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website
  • Profile Data which includes: your username and password, purchases or orders made by you
  • Usage Data which includes information about how you use our website, products and services

Marketing and Communications Data which includes your preferences in receiving marketing from us and our third parties and your communication preferences. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. In order to take advantage of some of our Services, you may need to supply us with the personal details of a third party (for example, their name and address if you wish to send them a Product). We will not use this information for anything other than providing the Services for which the information was supplied.  

Cookies

This Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region)
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website.  

How do we collect your information? We use different methods to collect data from and about you including through:

  • Direct interaction: you may give us personal data when you purchase our products and services; create an account; subscribe to any newsletters or marketing information; enter a competition, promotion or survey; or give us feedback or contact us
  • Automated interactions: As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies
  • Third parties or publicly available sources. We will receive personal data about you from various third parties including: analytics providers such as Google based outside the EU

 

How do we use your information?

Freshcreamcakes.com will only use your personal information when the law allows us to. Most commonly, we will use your personal information for the following purposes:

  • Contract fulfilment We need to use your personal information to perform the contract that we have or are about to enter into with you including to: register you as a customer; process and deliver your order; take payment; recover payment due to us
  • To improve customer service Information you provide helps us respond to your customer service requests and support needs more efficiently including to: communicate with you; notify you of changes or issues, ask you to leave a review or take a survey; partake in a competition or prize draw; improve our website, products/services, marketing, customer relationships and experiences
  • Legitimate interests Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For example, to handle a dispute or recover debts; protecting our business and this website; to prevent fraud
  • Legal obligations Where we need to comply with a legal obligation

  Marketing We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

  • Promotional offers from us: We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing
  • Third-party marketing: We will get your express opt-in consent before we share your personal data with any third party for marketing purposes
  • Opting out: You can ask us or third parties to stop sending you marketing messages at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions

  Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.  

How do we protect your information?

We adopt appropriate data collection, storage and processing practices and security measures to protect against accidental and/or unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our website. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. Sensitive and private data exchange between you and the website and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.  

Who do we share your information with?

We do not sell, trade, or rent your personal information to others. We may share your personal data with the parties set out below:

  • Other group companies including our holding company and its subsidiaries who act as joint controllers or processors and provide IT and system administration services and undertake leadership reporting
  • Service providers who provide delivery services or other administration services
  • Professional advisers including lawyers, bankers, payment service providers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services
  • HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this privacy policy

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third party service providers to use your personal information for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.  

Data Retention Unless you have informed us otherwise, we will hold your personal details and any photos or other content you have shared with us for no longer than is absolutely necessary for us to discharge our obligations to you under these terms and conditions.

Your legal rights You have the right to:

  • Request access to your personal information (known as a Data Subject Access Request). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms
  • Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios:
    • If you want us to establish the accuracy of the information
    • Where our use of the information is unlawful but you do not want us to erase it
    • Where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims
    • You have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it
  • Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you
  • Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent

 

Third party websites

You may find advertising or other content on our website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our website. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our, is subject to that website's own terms and policies.  

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