PRIVACY NOTICE

This Website Privacy Notice sets out how we at Birley Pastry Madison Avenue LLC (the “Birley Bakery”) use, protect, and share your Personal Information. For purposes of this Privacy Notice, “Personal Information” means information relating to you from which you can be identified, directly or indirectly, that we collect from you when you use and interact with our website, www.birleybakery.com (“Site”), including information we collect automatically and information you provide to use voluntarily, and including information you provide when you create an account with Birley Bakery or when you interact with us in any other way. This Privacy Notice does not apply to personal information provided to, collected by, shared, or used by any of our related companies. Please read this Privacy Notice carefully. By accessing the Site or submitting any personal information to us, you agree to be bound by this Privacy Notice. We may change this Privacy Notice from time to time and all such changes will apply to your Personal Information. Please check this Privacy Notice periodically for updates.

Children’s Privacy

The Site is not intended for use by children and children should not use the Site. We do not knowingly collect, nor do we need personal information relating to children, except, with parental or guardian consent, name and age for registration for children’s parties and events we run.

1. WHAT TYPES OF INFORMATION DO WE COLLECT FROM YOU?

1.1. We may collect, use, store, and transfer different kinds of Personal Information, and you may also voluntarily provide us with Personal Information, such as:

(a) Identity and Contact Information you voluntarily provide: if you set up an account with us, you may provide to us and we may collect Personal Information such as your first name, last name, username or similar identifier, title, date of birth, your email addresses, and your telephone number. You may provide this information using online forms on our Site, when you place an order through our Site or when you correspond with us by email, mail, telephone, or any other means.

(b) Financial and Transaction Information including your bank account and payment card details if you place an order through our Site.

(c) Technical and Usage Information we automatically collect: When you visit the Site we automatically collect certain information including your internet protocol (IP) address, login data, browser type and version, time zone setting, and location, browser plug-in types and versions, operating system and platform, device ID, and other technology on the devices you use to access our Site and information about how you interact with and use our Site, products, and services.

We collect this information through use of third parties and through use of cookies and other similar technologies.

We use this information for our legitimate interests to track usage of our Site and to help us improve and develop the Site and our products and services. The use of this information is called “analytics.” Often information used for analytics is aggregated. Please see our full Cookies Notice for further details.

2. HOW AND WHY DO WE USE YOUR PERSONAL INFORMATION?

2.1. We use your Personal Information for various reasons as follows:

(a) Communicate with you: We may use your Personal Information to communicate with you, including providing you with information about us, and available products and services, and other notifications relating to Birley Bakery, our policies, notices, and procedures. We may also use your Personal Information to request your feedback, suggestions, or comments.

(b) Performance of a contract with you: We may use your Personal Information to perform under or in relation to a contract or other agreement we are about to enter into or have entered into with you.

(c) Legitimate interests: We may use your Personal Information where it is necessary to conduct our business and pursue our legitimate interests, for example to set up a Birley Bakery account, enforce our policies, for our accounting and financial purposes, to prevent harm and illegal activity, and to give you the best user experience. We may use your Personal Information as necessary to defend, establish and exercise legal claims.

(d) Legal obligation: We may use your Personal Information where it is necessary for compliance with a legal obligation that we are subject to.

(e) Vital Interests: We may process your Personal Information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

2.2. Where we need to collect personal information due to a legal or regulatory obligation, or for performance of a contract or other agreement or obligation to you, and you do not provide that information when requested, we may not be able to meet our obligation or perform the contract or agreement.

2.3. We do not sell your Personal Information.

3. WHAT ABOUT COOKIES

3.1. For more information about the cookies we use and how to change your cookie preferences, please see our Cookies Notice.

4. WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH?

4.1. We disclose Personal Information to companies or individuals with whom we contract to receive services. These service providers help us maintain our databases, process your payments, gather analytics, and prepare and distribute our newsletter. We require that our service providers do not use or disclose your personal information for any reason other than the services they are providing to us and do not use or store your personal information for other purposes.

4.2. We also disclose Personal Information to third parties when we believe it is necessary to comply with a legal obligation, enforce our legal rights, or to protect our customers or employees.

5. HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

5.1. We are committed to protecting your Personal Information. We put in place appropriate technical and organisational measures and safeguards to help protect the security of your Personal Information and to guard against unauthorized access and unnecessary retention of Personal information in our systems. However, be aware that no system is ever completely secure.

6. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

6.1. We will only retain your Personal Information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. For further information about specific retention periods, please contact us at newyork@birleybakery.com.

7. WHAT ARE YOUR RIGHTS IN RELATION TO THE PERSONAL INFORMATION WE HOLD?

7.1. You have a number of rights under data protection laws in relation to your Personal Information. These rights may vary from state to state or not be available at all in certain states. You may have the right to:

(a) Request access to your Personal Information or categories of your Personal Information, the information or categories of information shared with third parties, and/or the specific third parties or categories of third parties to which the information was shared.

(b) Request correction of incorrect or outdated Personal information.

(d) Opt out of certain processing of your Personal Information.

(e) 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.

(f) Opt out of the sale of your Personal Information.

(g) Opt in to the processing of sensitive personal information.

7.2. If you have any of the above rights and wish to exercise any of the above rights, please contact us at newyork@birleybakery.com. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). We may also contact you to ask you for further information in relation to your request to speed up our response.

7.3. You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights you have). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

8. CONTACT US IF YOU HAVE A QUESTION OR A COMPLAINT

8.1. You may contact us with questions about this Privacy Notice and your rights under this Privacy Notice by emailing newyork@birleybakery.com.

9. UPDATES TO THIS PRIVACY NOTICE

9.1. We may update this Privacy Notice from time to time and we keep it under regular review. This version was last updated on the date set out at the top of this Privacy Notice.

10. THIRD-PARTY LINKS

10.1. Our Site 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 Site, we encourage you to read the privacy notice of every website you visit.