Privacy Policy & Image Terms of Use - The Buttercream Factory (Bakery)

This document outlines our commitment to protecting your privacy and the terms governing the submission and use of images and content you provide for custom desserts.

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Effective Date: November 6, 2025

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Privacy Policy

This policy describes how The Buttercream Factory ("we," "us," or "our") collects, uses, and shares your personal information.

1. Information We Collect

We only collect information that is necessary for processing your orders and communicating with you.

Directly Provided Information: When you make a purchase or voluntarily sign up for our email list, you provide us with the following Personal Information:

• First and Last Name

• Email Address

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The full categories of data we collect, including data needed for pickup/delivery, payment, and customization, are detailed below:

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Category of Information

Specific Data Collected

Source of Collection

Purpose for Collection

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Identifiers

First and last name, email address, physical address, and phone number.

Directly from you (forms, email, checkout).

Fulfilling orders, communication, customer service.

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Recipient/Third-Party Data

Name and delivery address of a recipient (if delivering a gift).

Directly from you (checkout/delivery form).

Solely for the purpose of fulfilling the delivery.

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Customer-Provided Content

Photos, custom images, or design files you upload for edible prints.

Directly from you (order customization upload).

Solely for the purpose of manufacturing your custom product.

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Commercial Information

Purchase records and order details.

Directly from you (transaction data).

Order processing, internal reporting.

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Financial Data

We do not store your financial data. Payment processing is handled securely by Wix and Square.

Directly from you (checkout).

Processing transactions.

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Internet/Network Activity

IP address (collected via reCAPTCHA for security).

Automatically (invisible reCAPTCHA).

Security and fraud prevention.

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No Tracking: We do not use third-party tracking or analytics tools (e.g., Google Analytics) to monitor your general website activity.

2. How and Why We Use Your Information

We use your Personal Information only for explicit purposes, primarily to fulfill your orders.

• To Fulfill Orders: We use your identifiers and commercial information to produce and prepare your custom dessert. (Legal basis: Performance of Contract under GDPR).

• To Personalize Custom Desserts: We use your custom content (photos for edible prints) to create the exact product you ordered.

• To Process Payment: We use third-party payment processors to complete your transaction.

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3. Sharing and Disclosure

We do not sell or share your Personal Information for monetary consideration or cross-context behavioral advertising. We only disclose data to necessary service partners:

• Payment Processors: Shared with Wix and Square to complete your transaction.

• Delivery/Courier Services: Shared if we use a third party for local delivery.

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4. Notice to California Residents (CCPA/CPRA)

If you are a California resident, you have the following rights concerning your Personal Information:

• Right to Know: You have the right to request the categories and specific pieces of Personal Information we have collected about you over the past 12 months.

• Right to Deletion: You have the right to request the deletion of your Personal Information, subject to certain exceptions.

• Right to Opt-Out of Sale/Sharing: As we do not sell or share your Personal Information as defined under CCPA/CPRA, we do not offer an opt-out link.

• Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA/CPRA rights.

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5. Notice to European Residents (GDPR)

If you are a resident of the European Economic Area (EEA), you have the right to access the Personal Data we hold about you and to ask that your Personal Data be corrected, updated, or erased.

• Right to Access: You have the right to request a copy of the data we hold about you.

• Right to Rectification: You have the right to have inaccurate data corrected.

• Right to Erasure (Right to be Forgotten): You have the right to request the deletion of your Personal Data.

• Right to Object: You have the right to object to our processing of your Personal Data.

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6. Privacy Protection for Minors

Our services are not intended for use by children. We do not knowingly collect Personal Information from individuals under the age of 16 (CCPA/CPRA requirement). If we learn that we have collected information from a child under 13, we will delete that information immediately.

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7. Contact Information

For any questions or to exercise your privacy rights, please contact us:

Email: tbuttercreamfactory@mail.com

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8. Changes to This Policy (CalOPPA)

We reserve the right to modify this Privacy Policy at any time. We will notify you of any changes by revising the "Last Updated" date at the top of this policy. CalOPPA requires that we update this policy at least once every 12 months.

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Terms of Use for Customer Images and Content

By uploading images, photos, text, or any other content ("Customer Content") to us for use in the creation of a custom dessert (e.g., edible image prints), you agree to the following terms:

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1. Your Warranties Regarding Customer Content

By submitting Customer Content, you legally guarantee that:

• You Own the Rights: You are the owner of the copyright in the Customer Content, or you have obtained the express, written permission and licenses from the rightful owner to use the content for commercial reproduction (printing on an edible sheet).

• No Infringement: The use of the Customer Content by The Buttercream Factory does not violate or infringe upon the rights (including copyright, trademark, privacy, or publicity rights) of any third party.

• Indemnification: You agree to fully defend and hold harmless The Buttercream Factory from any and all claims, liabilities, costs, and expenses (including legal fees) that arise from any breach of these warranties.

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2. Grant of Limited License to Us

You retain all ownership rights in your Customer Content. However, by submitting it, you grant The Buttercream Factory a non-exclusive, worldwide, royalty-free, and temporary license to:

• Use, reproduce, modify (e.g., resize, crop), and display the Customer Content solely for the purpose of fulfilling and producing your specific custom dessert order.

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3. Our Right to Refuse Content

We reserve the right to refuse any Customer Content, without liability to you, that we believe violates these Terms of Use or is offensive, discriminatory, or inappropriate.

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4. Promotional Use of Final Product

Unless you request otherwise in writing at the time of placing your order, you grant us permission to use photographs of the final customized product (the gift) for promotional and marketing purposes, including displaying them on our website and social media channels. We will not use the original, unedited Customer Content for promotion.