Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.pinecrestbakery.com

Personal information we collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

How do we use your personal information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

- Communicate with you;

- Screen our orders for potential risk or fraud; and

- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Sharing your personal Information

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or another lawful request for information we receive, or to otherwise protect our rights.

Behavioral advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

- Facebook: https://www.facebook.com/settings/?tab=ads

- Google: https://www.google.com/settings/ads/anonymous

- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.

Do not track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Your rights

If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Data retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Contact us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at info@pinecrestbakery.com or by mail using the contact form on our website.

 

[ADDITIONAL] MOBILE APP / SMALL ORDER FULFILLMENT PRIVACY POLICY INCLUDING COUPONS, LOYALTY, AND DELIVERY

For [Pinecrest Bakery Online, LLC]

 

APPLICATIONS

The [Pinecrest Bakery Online, LLC and P.O. BOX 562170, MIAMI, FL 33256]

and all [Pinecrest Bakery Online, LLC] franchisees (“[Pinecrest Bakery

Online, LLC] Franchisee”) undertake to protect the privacy of their visitors

and users. The following data protection declaration describes which data

the [Name] (hereinafter referred to as "[Pinecrest Bakery Online, LLC]" or

"we") processes and how we use the relevant data to help our users and

visitors use our customer application for mobile device users, via a web

application on a website (e.g. [pinecrestbakery] .xx and [pinecrestbakery]

.com) or via an application on a “self-order kiosk” (the “Applications”) and

our on-demand services ( collectively referred to as the "services") to offer

even greater benefits. Please read the following provisions carefully so that

you become aware of our data protection declaration. Please note that

[Pinecrest Bakery Online, LLC] involves MENU Technologies AG (“MENU”)

as data processor as part of data processing and that it also processes

your personal data for us as listed in this data protection declaration.

[Pinecrest Bakery Online, LLC] reserves the right to change this privacy

policy. If you have any questions about this data protection declaration,

please contact us at [admin@pinecrestbakery.com].

 

1. DEFINITION

“User” refers to a person who uses the applications and / or has registered

and registered with [Pinecrest Bakery Online, LLC] for the use or potential

use of the service.

 

“Participating restaurant” refers to [Pinecrest Bakery Online, LLC]

Franchisee. These are solely responsible for the catering and restaurant

services.

 

2. GENERAL

[Pinecrest Bakery Online, LLC] never knowingly collects personal

information from children under the age of 18. The applications are only

intended for use by adults aged 18 and over. If you believe that your child

under 18 years of age used the applications and thus provided us with

personal data, please contact us at [admin@pinecrestbakery.com]. We will

then endeavour to delete the application account and the corresponding

personal data.

 

The responsibility for the processed personal data is

[Pinecrest Bakery Online, LLC], participating restaurants and other

companies (e.g. MENU) may be involved in the processing of data that are

related to activities via the applications and / or in connection with the

services described in the data protection declaration. [Pinecrest Bakery

Online, LLC], the participating restaurants and any other companies act for

the purposes stated in this data protection declaration and comply with

the applicable data protection laws. Responsible always remains [Pinecrest

Bakery Online, LLC].

 

We collect and process personal data in different ways. The personal data

is voluntarily provided by the user in the course of creating and / or

changing the user profile, when interacting with or using the applications

and / or the services and by email communication with support or other

employees. For users of the applications and / or services, this includes in

particular the following information: name, email address, password

(encrypted), restaurant orders, user agent when logging in, IP address,

credit card information (will not be saved by [Pinecrest Bakery Online, LLC]

or MENU; see paragraph 3.4 below, comments on orders, business e-mail

address, home and / or delivery address, hosted persons, occasion,

signature, possibly collected and / or redeemed points [Pinecrest Bakery

Online, LLC], type of bonus for redeeming points. The data of the

participating restaurants include the name, address, email address,

password (encrypted), telephone number, VAT, currency, tip (if any),

contact person and bank details. If you place an order via an application on

a "self-order kiosk" or web-application without having registered or logged

in, the orders placed will be processed by us and the participating

restaurant will only receive the data for order processing (including order,

payment details and at store location). The receipts are saved on our

servers, i.e. those of MENU. The payment information is processed by the

payment processor. The payment process is authorized by the payment

processor and confirmed back to us, i.e. MENU. When ordering from a

“self-order kiosk” with a login (if any) - provided that personal data is being

processed - no more data is processed than when ordering via the other

applications.

 

In detail, your order triggers a process in the participating restaurant,

which the participating restaurant, [Pinecrest Bakery Online, LLC] and its

service provider MENU accordingly, using your personal data, e.g. your

contact details, e.g. phone number and your order informed. When your

order is ready to be picked up at the counter, you will be informed either

via a push message (for orders placed via the mobile application) or via

SMS message (for orders placed via the web application). If the restaurant

you are visiting works with guest localization, your table number or your

location in the participating restaurant will also be determined by means

of table number entry (on the mobile and web application), placed

transmitters or antennas (kiosks). In order to receive push messages, you

must have push messages activated on your smartphone and to enable

the determination of your location via transmitters or antennas you must

have Bluetooth activated on your smartphone and give the application

permission to determine your location. For orders that you place through

the self-order kiosk, a puck may show you when your order is ready for

collection at the counter or your order number is displayed on a screen.

Your location can also be determined using a puck, which may be

distributed to you at the self-order kiosk or at the counter or you may

need to enter a number into the screen. You hereby authorize [Pinecrest

Bakery Online, LLC] to disclose and process your orders, personal data and

in particular your location data to participating restaurants. For delivery

orders, your data will be processed for the execution of this delivery to the

home or other delivery address you have provided. We can also process

your personal data in order to send you coupons, which we generate in

the back-end system and which we then send to you, for example, as push

messages. You can redeem these coupons on the mobile application, on

the web application on a website (e.g. [pinecrestbakery] .xx and

[pinecrestbakery] .com) or via an application on a “self-order kiosk”.

[Pinecrest Bakery Online, LLC] as the franchisor is the platform operator of

the application and obtains your personal data, such as order data,

telephone number, home and / or other delivery address, email address,

and can use them for marketing purposes. The [Pinecrest Bakery Online,

LLC] franchisees operate the [Pinecrest Bakery Online, LLC] platform in

their restaurants and can view their order and payment details for their

respective restaurants. As a technology supplier, MENU provides the

application platform [Pinecrest Bakery Online, LLC] and can view your

personal data. MENU provides [Pinecrest Bakery Online, LLC] within the

application platform with functions that enable [Pinecrest Bakery Online,

LLC] to communicate with you in a personalized form and to provide you

with relevant information at the appropriate time.

 

In cases where you provide us with data on other persons within the

legally permissible framework (such as when issuing a receipt), it is your

responsibility to ensure that the personal data concerned and the further

processing by us is in accordance with them and that the Data protection

declaration complies with the applicable data protection laws. For

example, you must inform the data subject and, if necessary, obtain their

consent to the processing of their personal data for the purposes

described in this data protection declaration.

 

Your personal data will be processed by MENU and saved by an external

provider.

 

3. FOR WHAT PURPOSES WE PROCESS

YOUR PERSONAL DATA?

 

3.1 TECHNICAL OPERATION AND FUNCTIONALITY OF THE WEBSITE

AND APPLICATION

When you visit our website, e.g. to use our web application, our web

administrators can store your personal data, including technical data, such

as your IP address, the websites you visit, the internet browser you use,

the one you used beforehand and subsequently visited websites and the

duration of the visit / session, so that we can guarantee the proper

functioning of our website. In certain cases, the browser can also query

your current location to optimize your user experience. This technical data

enables our web administrators to manage the website, for example by

solving technical problems or improving access to certain areas of the

website. This is how we ensure that you can (still) find the information

provided on the website quickly and easily.

 

If you use our mobile application or web application, we also process your

personal data, including technical data, such as for example your IP

address and your device type. We use this data to provide the services, to

guarantee the functions of the application, to solve technical problems, to

provide you with the correct and up-to-date version of the application and

to further improve the functionality of the application.

 

Insofar as GDPR is applicable, the legal basis for the technical operation

and functionality of the website and the application is Art. 6 Para. 1 lit. f

GDPR (balancing interests, based on our legitimate interest in providing

you with the functions of the website and the application) and Art. 6 Para.

1 lit. b GDPR (contract initiation and contract fulfillment).

 

3.2 CUSTOMER SERVICE

When you register as a user, we collect your name, your email address,

your password, your IP address and your device type as well as your credit

card number and the expiry date of the card (see above).

 

We use your personal data and contact information to provide the

services, for communication purposes relating to your orders, for

advertising offers and for announcements related to the services, such as

when our services are temporarily unavailable due to maintenance work.

We use your personal data and registration data to create and manage

your [name] account. We reserve the right to deactivate your account if we

suspect that you are using our application to commit fraudulent or illegal

acts or if you violate our terms of use.

 

As far as GDPR is applicable, the legal basis for customer service is Art. 6

Para. 1 lit. f GDPR (balancing of interests, based on our legitimate interest

in providing you with the services of our customer service) and Art. 6 Para.

1 lit. b GDPR (contract initiation and contract fulfillment).

 

3.3 ACTIVATION OF [Pinecrest Bakery Online, LLC]-APPLICATION

LOCATION INFORMATION

We collect and process location information, for example in participating

restaurants or when you place an order via the applications, provided you

have given us your prior consent. We use the relevant data to inform the

relevant participating restaurant in which the respective order was placed

so that the service staff can process the order accordingly.

 

Insofar as the GDPR is applicable, the legal basis for processing the

location information is Art. 6 Para. 1 lit. b GDPR (contract initiation and

contract fulfillment).

 

ORDERS

When you place an order via the application, we process in particular your

first and / or last name, your order and your telephone number and

forward it to the participating restaurant so that the service staff is able to

process your order accordingly and notify you once your order is ready for

pick-up. If one of our restaurants serves the orders to the table, the table

number or your location is also determined so that the service staff can

serve your order accordingly to your table. If you have placed an order for

delivery, your home and / or delivery address will also be processed in

order to be able to deliver. If you collect points with your order, we will

credit it to the points account we hold for you. If you redeem points with

an (award) order, we also book this redemption in the points account we

hold for you.

 

Insofar as GDPR is applicable, the legal basis for processing the

above-mentioned order data is Art. 6 Para. 1 lit. b GDPR (contract initiation

and contract fulfillment).

 

3.4 PAYMENT PROCESSING

If you register as a user, your credit card data and data of other payment

methods will be forwarded by MENU to a PCI-compliant payment

processing provider and processed by the latter in order to process

payments for orders placed by you via the applications. [Pinecrest Bakery

Online, LLC], [Pinecrest Bakery Online, LLC] Franchisee and MENU are

allowed to transfer the credit card details or data of other payment

methods you have registered to other PCI-compliant payment processors.

[Pinecrest Bakery Online, LLC], [Pinecrest Bakery Online, LLC] FN and

MENU itself do not collect credit card information.

 

As far as the GDPR is applicable, the legal basis for payment processing is

Art. 6 Para. 1 lit. b GDPR (contract initiation and contract fulfillment).

 

3.5 MARKETING

[Pinecrest Bakery Online, LLC] and [Pinecrest Bakery Online, LLC]

Franchisee can use your contact information to send you general

information about what's new at [Pinecrest Bakery Online, LLC]. You can

unsubscribe from these notifications at any time.

As far as GDPR is applicable, the legal basis for processing for marketing

purposes is Art. 6 Para. 1 lit. f GDPR (balancing interests, based on the

legitimate interest of the person responsible to advertise his services).

 

3.6 COMPILATION OF ADMINISTRATIVE AND STATISTICAL DATA

[Pinecrest Bakery Online, LLC] and MENU use your personal data in an

anonymous and aggregated form to monitor exactly which functions of the

service are used the most, to analyse usage patterns and to determine

where they offer their services and where they should focus. You can

provide this information to third parties for industry analysis and statistical

purposes.

 

3.7 COOKIES / GOOGLE ANALYTICS

[Pinecrest Bakery Online, LLC] uses cookies. Cookies are small text files

that a website places on your computer or mobile device when you visit a

page or website for the first time. Cookies help us to recognize your device

the next time you visit the website. Cookies have different functions. With

their help we can, for example, recall your attitudes and interests. Cookies

can help us to analyze how well our website works or to adapt our content

so that the relevant information is provided to you. Only the session ID is

saved and transmitted in the cookies.

 

As far as GDPR is applicable, the legal basis for the processing of personal

data using cookies is Art. 6 Para. 1 lit. f GDPR.

 

Most browsers can be set in the settings so that they no longer accept

cookies or you will be notified when you receive a cookie. In most

browsers you will find information on possible changes to your browser

settings under the "Help" menu item. If you decide to deactivate and / or

delete cookies in the future, you must take into account that some [Name]

functions will then no longer be available to you.

 

As far as the GDPR is applicable, the legal basis for the processing of

personal data using cookies is Art. 6 Para. 1 lit. f GDPR.

 

3.8 LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

As far as GDPR is applicable, the following applies:

Insofar as we obtain the data subject's consent for the processing of

personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation

(GDPR) as the legal basis for the processing of personal data.

 

When processing personal data, which is necessary for the performance of

a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR as

the legal basis. This also applies to processing operations that are

necessary to carry out pre-contractual measures.

 

Insofar as the processing of personal data is necessary to fulfil a legal

obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR as the

legal basis.

 

In the event that vital interests of the data subject or another natural

person require the processing of personal data, Art. 6 para. 1 lit. d GDPR

serves as the legal basis.

 

If processing is necessary to safeguard the legitimate interests of our

company or a third party and if the interests, fundamental rights and

freedoms of the data subject do not outweigh the former interest, Art. 6 (1)

lit. f GDPR as the legal basis for processing.

 

3.9 NO OBLIGATION TO PROVIDE PERSONAL DATA

You are not obliged to provide your personal data. Without your personal

data, however, we cannot provide our special services to you, or only

partially, through the applications.

 

4. RELEASE OF YOUR DATA BY US / TRANSMISSION IN THIRD COUNTRIES

We may use various third parties and external companies to enable or

provide the services for us, process payments, provide customer support,

provide location information to participating restaurants, provide

marketing services, and provide website-related services (including

maintenance services, database management, web analysis) and

improving website functions) or to support us in analysing the use of our

services. These third parties have access to your personal data and

process it in order to fulfil the tasks mentioned for us. This is in particular

MENU, which operates the application and services for us.

 

For this purpose, your personal data will be transmitted to and processed

in countries other than Switzerland, including countries (such as the USA)

that do not have data protection laws comparable to Switzerland. You

hereby consent to the transfer and processing of your personal data to

such countries, particularly to the United States. We transfer personal data

to locations in countries outside the European Union (so-called third

countries) so far:

- It is required by law (e.g. tax reporting requirements),

- You have given your consent,

- This is legitimated by the legitimate interest under data protection law

and there are no higher interests worthy of protection of the data subject

that conflict with this or

- It is necessary to provide our services to you

 

These are in particular:

- PCI compliant payment processor for payment processing

- Hosting provider especially for hosting data and applications;

- Helpdesk/Support;

- Business Intelligence Provider

- communications service;

- Business applications for email communication.

 

To protect your personal data, we have agreed the EU standard

contractual clauses with the recipients of your data abroad.

[Pinecrest Bakery Online, LLC] discloses your personal data to the extent

legally required or necessary for the establishment, exercise and defence

of legal claims and legal procedures and, in an emergency, also data

relating to security.

 

In addition, we transmit your personal data via the cash register system to

the participating restaurant in which you would like to place an order.

 

5. YOUR RIGHTS

As a user, you have a right to information about your personal account.

This also applies to information that you have provided to us with regard

to orders placed via the application. You can exercise your rights under

applicable data protection laws, such as: a. enforce the right to request the

correction or deletion of your personal data or to object to the processing

of your personal data at any time by sending us an email at

[admin@pinecrestbakery.com] or contacting us at the address given in

section 10. A copy of your ID card or passport must be enclosed for clear

identification.

 

As far as GDPR is applicable, the following applies: According to Article 15

GDPR, every data subject has a right to information. According to Article 16

GDPR, the data subject can request the correction of incorrect personal

data. According to Article 17 GDPR, the data subject has the right to

erasure or, according to Article 18, the right to restrict processing.

 

Likewise, the person concerned can object to the processing of personal

data relating to them under the conditions of Article 21 GDPR. According to

Article 20 GDPR, the data subject has the right to data portability. Sections

34 and 35 BDSG also apply to the right to information and the right to

erasure in Germany. To exercise these rights, you can contact the following

office: [admin@pinecrestbakery.com]

 

You have the right to withdraw your declaration of consent under data

protection law at any time. Withdrawing consent does not affect the

lawfulness of processing based on consent before its withdrawal. In

addition, you have a right to lodge a complaint with the competent data

protection supervisory authority in accordance with Article 77 GDPR in

conjunction with Section 19 BDSG [insert other reference to local law if

necessary].

 

[Pinecrest Bakery Online, LLC] reserves the right to charge reasonable

processing fees for providing relevant information in the event of

unsubstantiated or excessive requests.

 

You can also change your personal data via your [Pinecrest Bakery Online,

LLC] account and revoke the consent you have given.

 

6. AUTOMATED DECISION IN INDIVIDUAL CASES INCLUDING PROFILING

As far as GDPR is applicable, the following applies: In connection with the

provision of our services, you will not be subject to a decision based on

automated processing in accordance with Article 22 GDPR. If we use such

procedures in individual cases, you will be informed about them and your

associated rights within the framework of the legal requirements.

 

Some of your data is processed automatically in order to evaluate certain

personal aspects (profiling). In particular, their order behaviour for the

promotion of products is analysed.

 

7. DATA STORAGE

Unless otherwise stated in this data protection declaration, we store your

data until you delete your [Pinecrest Bakery Online, LLC] account. If you

would like to delete your [Pinecrest Bakery Online, LLC] account or request

that we no longer use your data in the future to provide services to you,

please contact us at [admin@pinecrestbakery.com].

 

If these are not necessary to comply with legal obligations or to settle

disputes, we will delete your personal data after deleting your account.

 

8. SAFETY

[Pinecrest Bakery Online, LLC] has taken appropriate technical and

organizational security measures against the loss or unlawful processing of

your personal data. For this purpose, your personal data will be securely

stored in our database, i.e. the database of MENU. We use

industry-standard, economically appropriate security measures, such as

firewalls and SSL (Secure Socket Layers), and also physically secure the

locations where the data is stored.

 

As effective as our security measures are, no security system is infallible.

We cannot guarantee the security of our database, nor can we guarantee

that the information you provide will not be intercepted when it is

transmitted to us over the Internet. The transfer of your data to [Pinecrest

Bakery Online, LLC] is always at your own risk. We recommend that you do

not disclose your password to anyone.

 

9. CHANGES TO THIS PRIVACY POLICY

We can update this privacy policy to reflect changes in our information and

data processing practices. In the event of significant changes, we will

inform you before the corresponding change takes effect by e-mail and via

a message on our website. By continuing to use the website and / or

application and / or services, you acknowledge and agree to the updated

data protection declaration. We recommend that you visit this page

regularly to find out about the latest innovations in our data protection

measures.

 

10. CONTACT INFORMATION

[Pinecrest Bakery Online, LLC

P.O. BOX 562170, MIAMI, FL 33256

admin@pinecrestbakery.com]

 

11. INFORMATION ABOUT YOUR RIGHT TO OBJECT IN ACCORDANCE WITH ARTICLE 21 GDPR

11.1 RIGHT TO OBJECT ON A CASE-BY-CASE BASIS

As far as GDPR is applicable, the following applies: You have the right, for

reasons that arise from your particular situation, at any time against the

processing of your personal data, which is based on Article 6 (1) lit. e (data

processing in the public interest) or lit. f (data processing based on a

balance of interests), to object; this also applies to profiling based on these

provisions.

 

If you file an objection, we will no longer process your personal data.

Something else only applies if we can demonstrate compelling legitimate

grounds for the processing that outweigh your interests, rights and

freedoms or if the processing serves to assert, exercise or defend legal

claims.

 

11.2 RECIPIENT OF AN OBJECTION

The objection can be made informally with the subject "objection" stating

your name, address and date of birth and should be addressed to:

[admin@pinecrestbakery.com]