Privacy policy

This privacy policy declaration applies to the following parties:

  • Cakemail Inc., proprietor and administrator of the service Cakemail as defined on the web site cakemail.com. The company Cakemail Inc., operating under the web address cakemail.com is referred to as Cakemail in this declaration;

  • Registered users of the service Cakemail possessing a member list. These Cakemail users are referred to as “Clients” in this declaration;

  • Members of the mailing list, recipients of the permission-based marketing e-mails by an intermediary of the Cakemail service. These mailing lists are generated by the Clients of Cakemail and the administration of such lists is facilitated by Cakemail. The members of these mailing lists are referred to as ”Subscribers”.

  • Internet users seeking information from web sites administered by Cakemail. The users of these sites are referred to as ”Users”.

Personal information

Except as provided elsewhere in this privacy policy, Cakemail will not divulge any User’s personal information to any third party. The User can, without obligation, gather essential information regarding the Cakemail service on the Cakemail web site provided that the User or the Client does not reproduce the content for personal or commercial purposes. If the User wishes to download electronic documents from the Cakemail web site, contact customer service, subscribe to a mailing list or become a Client of the Cakemail service, the User must consent to the collection by Cakemail of the User’s personal information with the objective of verifying, where applicable, the identity or registration, including last and first name, physical address, phone number, e-mail address and payment details for the purpose of opening a Cakemail account. All personal data will be used exclusively for administrative purposes so as to offer Clients and Users the required and requested service.

Data protection and non-divulgation of personal information

Cakemail conforms to the rules governing Canada’s Personal Information Protection and Electronic Documents Act, Quebec’s Personal Information Protection Act, Alberta’s Personal Information Protection Act, British Columbia’s Personal Information Protection Act, and the European Union’s General Data Protection Regulation (collectively the “Applicable Privacy Laws”). All personal data provided during registration of the Cakemail service will be stored in a secure database and protected with SSL (Secure Socket Layers). This data, including member lists belonging to the Clients of Cakemail, will be exclusively accessible by workstation intermediaries and protected by authentication. Access to this data is only accessible to Cakemail authorized personnel for maintenance and analysis purposes. This data will be stored as long as is necessary unless a formal request for its destruction is made by the person to whom it relates. Except as provided in this section and elsewhere in this privacy policy, Cakemail will not divulge any personal information to a third party allowing a Client or member to be identified without their prior written consent so as to avoid any damage to their personal reputation or their companies or to the intermediaries that represent them. Any and all transfers of such personal data that may be made to third parties outside of Canada will be made exclusively with service providers who comply with the General Data Protection Regulation. Cakemail and its Clients promise to never rent, sell or disclose their member lists with third parties without the prior consent of members except that Cakemail may disclose personal information of its members in the rare circumstance where applicable law requires such disclosure in accordance with a court order. Notwithstanding anything in this privacy policy to the contrary, we may share any information (whether personal information or not ) we have collected about Clients, Subscribers or Users or that has been submitted to us: (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Terms of Use; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Cakemail web site infrastructure or the Internet in general (such as spamming, denial of service attacks, or attempts to compromise the security of the Cakemail web site infrastructure or the Cakemail web site generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with Cakemail (in which case we will require such entities to honour this privacy policy); (5) if Cakemail is acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this privacy policy, or inform all those affected that they are covered by a new privacy policy).

Communications with Clients

Cakemail uses Intercom Inc. to send out email communications to our Clients. Personal information is transferred to Intercom in order for these communications to function properly. The personal information is only used for the proper sending out of email; Intercom does not use this personal information for any other purpose, and will not transfer or sell the personal information to any other third party. For more information, please refer to Intercom’s Privacy Policy. Clients may unsubscribe from receiving these communications from Cakemail at any time, by following the link at the bottom of all Cakemail emails. In such a case, we may still use Intercom to send Clients important information about Clients’ accounts, but they will receive no other email communications from us.

Gathering of information for statistical and analytical purposes

Cakemail automatically collects certain information using a third-party analytics program, Google Analytics, to help us understand how all visitors use the Cakemail web site, but none of this information identifies the Users personally. For example, each time the Cakemail web site is visited, we automatically collect IP address, browser and computer type, access times, the web page from which the visitor came, and the web page(s) accessed (as applicable). We use information collected in this manner only to better understand the needs of all Cakemail web site visitors. Cakemail also makes use of information gathered for statistical purposes to keep track of the number of visits to the Cakemail web site and which pages on the Cakemail web site were visited, with a view to introducing improvements. In addition to Google Analytics, Cakemail also uses KISSmetrics for intelligence and analytics with respect to Clients’ use of the Cakemail service. We only use this service in order to understand how Clients are interacting with the Cakemail web site and the Cakemail service, with a view to modifying the Cakemail web site and to make the Cakemail service more valuable and useful for Clients. In using KISSmetrics, certain personal information may be transferred to KISSmetrics, but only to the extent required for the analytics to work properly. KISSmetrics does not use this personal information for any other purpose, and will not transfer or sell the personal information to any other third party. For more information, please refer to KISSmetric’s Privacy Policy.  If a Client does not want their personal information used in this way, they may contact us using the contact information found at the end of this policy.

Secured payment

Cakemail is permitted to use a third party in the purchasing process of the Cakemail service. This intermediary has the exclusive permission to store, on behalf of Cakemail, the data pertaining to the executed transactions by Clients of the Cakemail web site with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Cakemail’s Clients and swift follow-up. This transactional data may be used for validation and registration purposes of Clients of the Cakemail service.

Consent and identity

Members, Clients and Users may decline at any time to make personal information available on the Cakemail web site. However, Cakemail reserves the right to accept or decline the registration of a Client to the Cakemail service if the personal data is found to be incomplete, fraudulent or furnished by a User who has not attained the age of majority (18 years for a resident of a Canadian province or 21 years for a resident of a state in the U.S.). Any data not conforming to the rules detailed above will be removed from the Client database by Cakemail within 72 hours. Similarly, permission-based marketing emails shall not be sent to Users who are minors without the prior written consent of their parents or legal guardians. In the case of any doubt regarding the registration information provided by a prospective Client, Cakemail reserves the right to require additional proof of identity and age. Cakemail reserves the right to cancel a Cakemail Client’s membership without warning when regulations governing the usage policy described above are not met.

Corrections and unsubscribing

A Client of the Cakemail service may communicate with Cakemail via email at support@cakemail.com regarding access to information submitted during registration and the correction thereof. Members of the Client mailing lists of the Cakemail service are asked to communicate directly with the Client in order to correct or validate any personal information regarding their registration to all permission-based marketing emails. If the Client does not, within a period of 72 hours, respond to a member’s request for access to personal information concerning them or the correction thereof, such member may communicate with Cakemail via email at support@cakemail.com. If a member’s modification requests are not respected by a Client of the Cakemail service, Cakemail reserves the right to impose sanctions on the Client’s usage. Cakemail requires all Clients of the Cakemail service to include a clearly articulated option to unsubscribe from the mailing list in all permission-based marketing e-mails. Clients who must comply with Canada’s Anti-Spam Law have specific requirements for their unsubscribe mechanism. Please refer to the Anti-Spam Policy for details. A Subscriber must be able to unsubscribe at any time from a member list generated by a Client of the Cakemail service. The Subscriber may also unsubscribe at the same time from the member lists of any satellite subscriptions of a Client of the Cakemail service by submitting a verbal or written request to the Client. Should an unsubscribe request made by a member not be met by a Client of the Cakemail service within a period of 72 hours, the Subscriber may lodge a complaint directly with Cakemail through the contact section of the Cakemail web site. Cakemail reserves the right to impose sanctions or to suspend service to any and all Cakemail Clients who do not conform to these requirements. A Client may, at any time, cancel use of the Cakemail service following, where applicable, the payment of fees set out in the preauthorized agreement accepted by the Client when registering for the service. Any User invited to participate in a promotional activity organized by a Cakemail Client (viral marketing of the “invite your friend to participate” type) retains the right to refuse the proposed promotional activity. All Clients of Cakemail are held responsible by Cakemail for the proper functioning of all viral marketing tools thereby avoiding an interruption of service.

Authorized content

Cakemail cannot be used for fraudulent purposes, those of an explicit nature or any activity not respecting applicable law. Clients may not use Cakemail for the following: promotion of a pornographic nature, the sale of pirated products or those that do not conform to applicable law, the commercial, promotional or pornographic exploitation of minors, false advertising involving the extortion of a User, non-authorized publicity of an individual or business without official consent, or promotion of web sites involving pirating, terrorism or the posting of information considered illegal in Canada, the U.S. and the European Union. Any Clients of the Cakemail service not conforming to the aforementioned content rules will have their service blocked without warning. Cakemail reserves the right to pursue any Cakemail Client not conforming to these rules so as to protect the integrity of the services offered to its Subscribers, Clients and Users. Clients who must comply with Canada’s Anti-Spam Law have specific requirements for their email content. Please refer to the Anti-Spam Policy for details.

Hyperlinks

The Cakemail web site, as well as all electronic communications emitted by the Clients of Cakemail are permitted to contain hyperlinks to other web sites either belonging to partners of Cakemail or not. These web sites, independent of Cakemail, do not automatically conform to all the points of the present privacy policy. Cakemail is not responsible for the specific practices executed on these web sites and shall only be held responsible for the usage of the Cakemail service.

Usage of secondary information

Invisible GIFs and pixel tags are utilized in the permission-based marketing e-mails sent by the Clients of Cakemail so as to permit Cakemail to assemble general information regarding the success of transmission. Once a recipient opens an HTML e-mail sent by a Client of the intermediary services of Cakemail, the computer of the recipient grants access to the Cakemail servers to transmit these invisible GIFs. This tool allows Cakemail to assemble the following information: e-mail addresses and the dates and times of the delivery and opening of messages. This data allows Cakemail to optimize the e-mail delivery and assure that the transmission rules of all permission-based marketing e-mails are being respected by the Clients of the Cakemail service. Cakemail reserves the right to gather IP addresses in its files for statistical purposes or to test the functionality of Cakemail’s e-mail servers. Cookies are employed in the management execution of interfaces of the Cakemail web site. These cookies are used for the sole purpose of offering Clients of Cakemail access to more personalized information on the products and services of the company. The User visiting the Cakemail web site will always maintain anonymity. Cookies are also employed as part of online advertising campaigns. Third party vendors, including Google, display Cakemail advertisements on web sites on the internet. These third party vendors, including Google, use these cookies to serve ads based on a User’s prior visits to Cakemail.com. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page.

Notification of changes

Cakemail’s creation of new services on the Cakemail web site or any other web site registered under Cakemail, may contain some modifications to the present privacy policy. In such a case, Cakemail will post a notice on the homepage of the web sites in question to inform present Clients or anyone requesting information. An archive of the previous policy will be available to Users for verification purposes. A similar process is in place regarding any updates of the Cakemail service. Any modifications in service taking place throughout the course of a Client contract will be documented and explained so as to facilitate the understanding of all executed upgrades. This update notice will be available on the homepage of the Cakemail web site. Cakemail’s Privacy Officer is responsible for ensuring that all parties conform to this privacy policy whether it be Cakemail staff or Clients of the Cakemail service and their Subscribers.


Any person wishing to comment or lodge a complaint of non-conformity of Cakemail’s privacy practices with the Applicable Privacy Laws is asked to communicate with Cakemail by email at privacy@cakemail.com or by mail addressed to: Privacy Officer, Cakemail Inc. 4020 Saint-Ambroise, #301 Montréal, QC, H4C 2C7, Canada


Complaints or Concerns. Alternatively, complaints may be lodged with the applicable governmental authority.