Privacy Policy

Last modified: October 29, 2020

Introduction

Shop.HostessCakes.com is operated by turnkey merchandise programs, llc (“TMP”). Turnkey Merchandise Programs, LLC, a Michigan limited liability company (“TMP”, "Company" or "We") respects your privacy and is committed to protecting it through our compliance with this privacy policy (the “Privacy Policy” or the “Policy”).

This Policy describes the types of information TMP may collect from you or that you may provide when you visit the website Shop.HostessCakes.com (the "Website") and TMP’s practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect:

  • On this Website;
  • In email, text, and other electronic messages between you and this Website;
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website;
  • When you interact with TMP in any way.

Information Collection and Use

The Website is operated and wholly-owned by TMP. Our company has a strict policy not to sell or share information to others, except for what is disclosed in this Privacy Policy, or required by applicable law. Information will be collected at several different points on the Website.

Those information collections points may be:

  • Account registration;
  • Placing an order;
  • Participation in a Website survey; and
  • Other collection points listed and described below:

Order Placement

You will be required to provide information at checkout necessary to process and complete your order. You are required to provide your credit card number, billing address and a shipping address. Upon completion of the checkout process, your personal information is securely forwarded to Shop.HostessCakes.com. We use this information to fulfill your order and/or to contact you should questions regarding your order arise.

Surveys

From time to time, we may request your participation in a survey. Your participation is completely voluntary. Should you choose to participate, information we may request could include name, email address and demographic information (age range, zip code, etc.). Information you provide will be used to evaluate the function of our Website and level of customer satisfaction in a range of areas.

Customer Care

Our Customer Care Department is available to take your questions, comments and suggestions via phone or email. Contact information can be found on the Shop.HostessCakes.com “Customer Care” page. It is our company goal and policy to read all messages and respond by the end of the following business day. Any information you provide in your correspondence is used to directly respond to the questions and comments you have submitted. To allow us to better serve you, we request that you provide as much specific information as you can. To improve our Customer Care, we may file your comments or decide to discard them upon review of your information.

Security

Your personal and sensitive information is of the utmost importance to us and we take every precaution to safeguard and protect your information. Whether you submit personal information online or offline, it will be protected. At Shop.HostessCakes.com, we regularly review the Website to make sure we are in compliance and have implemented the most current technology and industry standards. We want you to feel secure when you visit, browse and shop our Website. We use a secure transmission (SSL) when you provide your credit card information. All credit card information is encrypted and stored on a server, which is not Internet accessible. Once your credit card information is stored, it cannot be displayed on our Website.

Email

Shop.HostessCakes.com does not condone or participate in the sending of Spam, unsolicited and commercial email. Only when you opt-in to receive email promotions from Shop.HostessCakes.com will we send them to you. Also after opting in, we will only communicate with you via email regarding specific inquiries and orders you contact Shop.HostessCakes.com about. By shopping at Shop.HostessCakes.com or sending us an email, you are electronically communicating with us and in doing so are consenting to receive communications from us electronically as part of your shopping experience or in response to your inquiry.

To opt-in to receive emails and promotions you may enter your email address at any time at Shop.HostessCakes.com. Receiving Shop.HostessCakes.com emails is voluntary and if you would like to discontinue receiving emails, you may unsubscribe at any time. To unsubscribe you can simply click the ‘unsubscribe’ button at the bottom of each email, by emailing CustomerCare@Shop.HostessCakes.com or calling 800-806-1799.

Cookies

Shop.HostessCakes.com uses cookies for our customers’ convenience.

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

Please, be advised that third parties, through cookies, may 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.

TMP does 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. 

Links

Our Website may contain links to other websites. We cannot be responsible for the content and privacy policies of those websites. We encourage you to view the privacy statements of each website you visit where your personal information is collected. This Privacy Policy solely applies to the information collection and use by Shop.HostessCakes.com.

Legal Disclaimer

Should we be required by law, or in the good-faith belief that action is deemed necessary, we may disclose personal information to comply with the edicts of the law or with the legal process served upon us.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us using our contact information listed herein.

California Consumer Privacy Act

This Privacy Policy for California Residents supplements the information contained in Privacy Policy of turnkey merchandise programs, LLC, and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.

Information We Collect

TMP collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (the "Personal Information"). Personal information does not include:

  • Publicly available information from government records;
  • Deidentified or aggregated consumer information;
  • Information excluded from the CCPA's scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, TMP has collected the following categories of Personal Information from consumers within the last twelve (12) months:

Category

Examples

Collected

Identifiers

A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name or other similar identifiers.

YES

Personal information categories listed in the California Customer Records statue (Cal. Civ. Code § 1798.80(e)).  

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

YES

Protected classification characteristics under California or federal law

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

Commercial Information

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

Biometric Information

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

Internet or other electronic network activity information

Including, but not limited to, browsing history, search history, and information regarding a California resident’s interaction with an internet website, application or advertisement.

YES

Geolocation Data

Physical location or movements.

NO

Sensory data

Audio, electronic, visual, thermal, olfactory or similar information

NO

Professional or employment-related information

Current or past job history or performance evaluations.

NO

Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

Use of Personal Information

The way TMP uses Personal Information is described in details in the section “Information Collection and Use” of the Policy.

Personal Information Sales

TMP does not sell your Personal Information to any third party.

Disclosed Personal Information for Business Operation Purposes

Personal Information may be disclosed for business purposes to complete customer order transactions (including processing and fulfilling orders and transactions, verifying customer information, processing payments). The requirements of CCPA do not require deletion of transactional information that must be retained in the event a consumer needs to be contacted regarding a product or service they have purchased. We will retain transactional records for these purposes.

Personal Information may also be used for detecting and debugging technical site functionalities and to identify and make necessary repairs. Personal Information is only used when TMP is contacted by a consumer highlighting broken site functionality. If you wish to have your personal information excluded from debugging and repair activities, please contact our Privacy Officer.

In the preceding twelve (12) months, TMP has disclosed Personal Information for a business purpose to the following categories of third parties:

  • Advertising networks.
  • Internet service providers.
  • Data analytic providers.
  • Operating systems and platforms.
  • Social networks.
  • Service providers.
  • Parent or subsidiary organizations.
  • Internet cookie data recipients, like Google Analytics.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

a) Access to Specific Information and Data Portability Rights

You have the right to request that TMP disclose certain information to you about collection and use of your Personal Information over the past twelve (12) months. Once TMP receives and confirms your verifiable consumer request, TMP will disclose to you:

  • The categories of Personal Information TMP has collected about you;
  • The categories of sources for Personal Information TMP has collected about you;
  • TMP’s business or commercial purpose for collecting that Personal Information;
  • The categories of third parties with whom TMP shared that Personal Information;
  • The specific pieces of Personal Information TMP has collected about you (also called a “data portability request”);
  • If TMP sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
    • sales, identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
b) Deletion Request Rights

You have the right to request that TMP delete any of your Personal Information that TMP collected from you and retained, subject to certain exceptions. Once TMP receives and confirms your verifiable consumer request, TMP will delete (and direct our service providers to delete) your Personal Information from its records, unless an exception applies.

TMP may deny your deletion request if retaining the information is necessary for TMP, its service provider(s) to:

  • Complete the transaction for which TMP collected Personal Information, provides a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform its contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with TMP;
  • Comply with a legal obligation;
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
c) Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to TMP’s Privacy Officer. If you have an account you may also access your data and manage preferences by logging in and visiting “My Privacy Center”.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information.

You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows TMP to reasonably verify you are the person about whom TMP collected Personal Information or an authorized representative;
  • Describe your request with sufficient detail that allows TMP to properly understand, evaluate, and respond to it.

TMP cannot respond to your request or provide you with Personal Information if it cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

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

TMP will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

d) Response Timing and Format

TMP endeavors to respond to a verifiable consumer request within forty-five (45) days of its receipt. If TMP requires more time (up to ninety (90) days), it will inform you of the reason thereof, and extension period in writing.

If you have an account with TMP, TMP will deliver our written response to that account. If you do not have an account with TMP, it will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response TMP provides will also explain the reasons TMP cannot comply with a request, if applicable. For data portability requests, TMP will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

TMP does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If TMP determines that the request warrants a fee, TMP will tell you why it made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

TMP will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, TMP will not:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of TMP’s 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 contact TMP using contact details specified herein. 

Product Quality Guarantee

Shop.HostessCakes.com works closely and very hard with TMP’s suppliers to design and produce products with the highest quality standards. TMP wants you to be completely satisfied with your purchase, if you are not, please contact TMP’s Customer Care Department via email CustomerCare@Shop.HostessCakes.com or phone 800-806-1799.

Changes to This Privacy Policy

TMP reserves the right to amend this Privacy Policy at its discretion and at any time. When TMP makes changes to this Privacy Policy, TMP will post the updated notice on the Website and update the notice's effective date. Your continued use of the Website and other services provided thereby following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this Policy, please do not hesitate to contact us at:

Website: Shop.HostessCakes.com

Email: TMP’s Privacy Officer or CustomerCare@Shop.HostessCakes.com

Address:  61 Clark Road North

 Battle Creek, MI 49037

Phone:    800-806-1799

 

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