Effective Date: January 10, 2013
This Privacy Statement (“Privacy Statement“) explains how Zoomcake LLC (“Zoomcake”, “us”, “our”, and “we”), collects and uses information when you interact with us. This Privacy Statement applies to all users of Zoomcake’s website published at www.zoomcake.com and any electronic services, social networking sites, individual, business partner-specific, merchant-specific, or area-specific sites we offer that are branded “Zoomcake” and link or reference this Privacy Statement (collectively, the “Sites”).
Please read this Privacy Statement carefully. This Privacy Statement replaces and supersedes the last version of this Privacy Statement for all users (including for those users that registered prior to the Effective Date. If you do not agree to our practices, please do not register, subscribe, create an account, or otherwise interact with the Sites.
Please Contact Us if you have any questions or comments about our privacy practices or this Privacy Statement. You can reach us via postal mail at the following address:
18484 Preston Rd., Suite 102
Dallas, TX 75252
1. Types of Personal Information We Collect
Personal Information is information that can be used to identify, locate, or contact an individual or an Affiliate. It also includes other information that may be associated with Personal Information. We collect the following types of Personal Information:
- Contact Information that allows us to communicate with you, such as your name, email addresses, social media website user account names, or other addresses at which you receive communications from or on behalf of Zoomcake.
- Relationship Information that helps us to understand who you are and what types of coupons and offers you might like. This includes lifestyle, preference, and interest information; location information related to your state/province, city, or neighborhood; the types of coupons and offers that interest you; and demographic information (e.g., birth date, age, gender).
- Transaction Information about how you interact with the Sites, such as the coupons you view and redeem and the stores you prefer; other information about how you use our Sites, email, other communications, and applications; and how you interact with Zoomcake’s merchants, business partners, and service providers.
2. How Zoomcake Collects Personal Information
We may ask you for Personal Information when you register, subscribe, create an account, or otherwise interact with the Sites or contact Zoomcake. For example, you may be required to provide us with Contact Information or Relationship Information in order to register for certain services.
We also collect Transaction Information if you contact us via telephone, email, text, postal mail, social media interaction, or other methods of communication, such as for customer support purposes.
If you use a social media platform, a mobile device or other third-party method of communication to interact with Zoomcake or the Sites, that application may have a specific privacy statement that governs the use of Personal Information related to that application. For example, if you use a Zoomcake mobile application and your mobile device’s settings allow it, we may collect Location Information from your device. Our application may be designed to collect information even if you are not logged into one of the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
We may receive additional Personal Information from third parties. For example, we may collect Personal Information from third parties to enhance other information we have about you, to help us better understand you, and to otherwise enhance the Sites or Zoomcake services.
3. How Zoomcake Uses Personal Information
Zoomcake uses Personal Information to:
- Operate and improve our Sites;
- Provide users with coupons for products and services from participating merchants, including coupons based on variables such as stated and anticipated user interests, personal characteristics, or location;
- Evaluate eligibility of users for certain coupons, products or services;
- Provide card-linked offers
- Evaluate the types of coupons, products or services that may be of interest to users;
- Track redemption of coupons and perform other analytics;
- Provide user support, including to our merchants or business partners;
- Fulfill requests for Zoomcake services;
- Communicate and provide additional information that may be of interest to you about Zoomcake and our merchants and business partners, such as Zoomcake news, special offers and coupons, announcements, and marketing materials;
- Send you reminders, technical notices, updates, security alerts and support and administrative messages service bulletins, or marketing;
- Provide advertisements to you through the Sites, third-party sites, email messages, text messages, applications, or other methods of communication;
- Administer surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our partners;
- Allow you to apply for a job, post a video or sign up for special offers from third parties through the Site.
4. When and Why Zoomcake Discloses Personal Information
We may share your Personal Information as required or permitted by law as described below:
- With our service providers that provide services for us such as sending emails on our behalf. Our service providers are bound by law or contract to protect Personal Information and are only allowed to use the Personal Information in accordance with the terms of our service agreements with them;
- Merchants, but only to the extent you have redeemed a coupon offered by the merchant, or participated in an offer, contest or other activity sponsored or offered through Zoomcake on behalf of the merchant;
- Zoomcake business partners or advertisers, as part of an offer, contest, or other activity that is provided by or in conjunction with Zoomcake and its business partners and in which you have elected to participate. For example, if you are referred to Zoomcake from a business partner’s website or through an invitation facilitated by or in conjunction with a Zoomcake business partner, Zoomcake may provide that business partner with Contact Information and Transactional Information to validate the referral and to support the terms of the relationship between Zoomcake and the business partner, which may allow such business partner to contact you directly and to advertise to you;
- To effect a merger, acquisition, or otherwise; to support the sale or transfer of business assets; to enforce our rights or protect our property; to protect the rights, property or safety of others, investigate fraud, respond to a government request; or as needed to support auditing, compliance, and corporate governance functions. We may also disclose Personal Information to defend ourselves in litigation or a regulatory action, and when required or advised to do so by law, such as in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate. If Zoomcake is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or prominent notice on one or more of our Sites of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information; or
- With your consent.
We encourage Zoomcake merchants and business partners to adopt and post privacy policies. However, the use of your Personal Information by such parties is governed by the privacy policies of such parties and is not subject to our control.
We may also disclose information about you that is not personally identifiable. For example, we may provide our merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our users.
5. Cookies and Related Technologies
When you use our Sites, we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools, and web server logs. As you use our Sites and applications, your browser and devices communicate with servers operated by us, our business partners and services providers to coordinate and record the interactivity and fill your requests for services and information.
The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our Sites by your computers or mobile devices. These servers are operated and the cookies managed by us, our business partners or our service providers.
For example, when you visit our Sites, Zoomcake and our service providers may place cookies on your computers or mobile devices. Cookies allow us to recognize you when you return, and track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A “cookie” is a small amount of information that a web server sends to your browser that stores information about your account, your preferences, and your use of the Sites. Some cookies contain serial numbers that allow us to connect your Site activity with other information we store about you in your profile or as related to your interactions with the Sites.
Some cookies are temporary, whereas others may be configured to last longer. “Session” cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases Session cookies once you exit your browser. “Persistent” cookies are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser. We use Persistent cookies for a number of purposes, such as retrieving certain information you have previously provided (such as your user id if you asked to be remembered), and storing your preferences.
Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us, or our service providers. These tools allow us to measure response to our communications and improve our web pages and promotions.
We collect many different types of information from cookies and other technologies. For example, we may collect information from the devices you use to access our Sites, your operating system type or mobile device model, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Browsers routinely send these types of information to web servers. Our server logs also record the Internet Protocol (“IP”) addresses of the devices you use to interact with the Sites. An IP address is a unique identifier that devices use to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to our Site and the website you visit after you leave our Site, if this information is supplied to us by your browser.
In many cases, the information we collect using cookies and other tools is used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about Site users to optimize our Sites and understand its traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Information. In that case, this Privacy Statement governs how we use that information.
Additionally, if the settings on your location-aware device allow us to receive Location Information, we will collect that automatically. If we associate Location Information with other Personal Information, this Privacy Statement governs how we would use that information too.
We use Google Analytics to help us understand how visitors interact with our website and to help improve our user experience.
6. Your Choices
We think that you benefit from a more personalized experience when we know more about you and the kinds of coupons you like. However, you can limit the information you provide to Zoomcake, and you can limit the communications that Zoomcake sends to you.
You can manage your subscriptions by following subscription management instructions contained in the commercial messages that we send you.
You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain third party advertising companies online at www.networkadvertising.org/consumer/opt_out.asp.
Connecting through Social Networks
7. Accessing and Correcting Personal Information
If you want to close your account or have other questions or requests, please Contact Us.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at email@example.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
8. Security of Personal Information
Zoomcake has implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information.
9. Notice to Residents of Countries outside the United States of America
Zoomcake is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, merchants, or service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of Personal Information according to our Privacy Statement, regardless of where it is processed or stored.
10. Privacy Practices of Third Parties
This Privacy Statement only addresses the use and disclosure of information by Zoomcake through your interaction with the Sites. Other websites that may be accessible through links from our Sites may have their own privacy statements and personal information collection, use, and disclosure practices. Our merchants and business partners may have their own privacy statements, too. We encourage you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of an offer or promotion.
11. Changes to this Privacy Statement
From time to time, we may update this Privacy Statement to clarify our practices or to reflect new or different privacy practices, such as when we add new features to our Sites. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of notice on the Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information about our privacy practices.
12. Children’s Privacy
Zoomcake does not intend that any portion of the Sites will be accessed or used by children under the age of eighteen, and such use is prohibited. The Sites are designed and intended for adults. By using the Sites, you represent that you are at least eighteen years old and understand that you must be at least eighteen years old in order to create an account and purchase the goods or services advertised through the Sites. We will promptly delete information associated with any account for which we obtain actual knowledge that the registered user associated with the account is not at least eighteen years old.