Posted: January 1, 2020
Effective: January 1, 2020
What This Privacy Policy Covers
This privacy policy covers the use of the web site located at https://www.carlosbakery.com and the services provided by Carlo's Bakery, Inc. ("Carlo's Bakery"), including how treats personal information that Carlo's Bakery collects and receives. Pursuant to Carlo's Bakery's Terms of Use, you must be 18 years and older to use this site or have permission from a legal guardian. Therefore, this policy makes no provision for individuals under 18 years old. This policy does not apply to the practices of third parties that Carlo's Bakery does not own or control, or individuals that Carlo's Bakery does not employ or manage. This policy is effective on January 1, 2020.
Information Collection and How it is Used General Information: Carlo's Bakery will not sell or disclose your name or email address to third parties without your explicit consent, except as specified in this privacy policy. Carlo's Bakery collects personal information when you register to use Carlo's Bakery services or to post content on Carlo's Bakery. At registration you are asked for your email address and possibly other optional information. Carlo's Bakery automatically receives and records information on our server logs from your browser, including your IP address, cookies, and the pages you request. Carlo's Bakery uses information for the following general purposes: products and services provisioning, billing, identification and authentication, services improvement, contact, research, and anonymous reporting. IP addresses are automatically reported by your browser each time you view a web page. Your IP address is stored in Carlo's Bakery user registration databases when you register with Carlo's Bakery. IP addresses may be used for various research purposes, and/or delivering unique functionality on Carlosbakery.com.
Service Announcements
Carlo's Bakery will send you service announcements on occasions when it is necessary to do so. You may not opt-out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account by emailing support@carlosbakery.com from the email address you signed up with.
Administrative Messages
Carlo's Bakery may periodically email you with administrative messages. Carlo's Bakery will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Your information may be combined with information Carlo's Bakery collects from other companies and used to improve and personalize services, content and advertising. If you don't wish to receive administrative messages or participate in these programs, simply opt-out by emailing support@carlosbakery.com.
Choice/Opt-out
If you no longer wish to receive administrative messages, you may opt-out by emailing support@carlosbakery.com. Please note that if you do not wish to receive administrative messages from us, those notices will still govern your use of the Carlo's Bakery website and service, and you are responsible for reviewing such notices for changes.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Carlo's Bakery of any unauthorized use of your password or any breach of security. You also agree that Carlo's Bakery cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Newsletter Emails
Carlo's Bakery users are offered subscriptions to Carlo's Bakery email newsletters. To opt-in, Carlo's Bakery will ask for your email address. This email address will only be used for this feature. You may change your subscription or unsubscribe at any time by following the instructions contained in the email.
Cookies
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you may not be able to take full advantage of the Carlo's Bakery service. Carlo's Bakery uses its own cookies for a number of purposes, including to: Access your information when you "sign-in"; keep track of preferences you specify while you are using Carlo's Bakery's services; display local product offerings; estimate and report Carlo's Bakery's total audience size and traffic; conduct research to improve Carlo's Bakery's content and services. Carlo's Bakery cookies do not collect personal information, and Carlo's Bakery does not combine information collected through cookies with other personal information to tell us who you are or what your username or email address is.
Information Sharing and Disclosure
Carlo's Bakery may be required to disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Carlo's Bakery Terms of Use. Carlo's Bakery may disclose personally identifiable information to parties in compliance with Carlo's Bakery's Copyright and Intellectual Property Policy, as Carlo's Bakery in Carlo's Bakery's sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, Carlo's Bakery may disclose name, street address, city, state, zip code, country, phone number, email address and company name. Carlo's Bakery may share aggregated demographic information with business partners.
Carlo's Bakery is affiliated with a variety of businesses and works closely with them. These businesses may operate stores on the Carlo's Bakery website or sell items to you from the Carlo's Bakery website. Carlo's Bakery may also provide services or sell products jointly with affiliated businesses. Due to the nature of Carlo's Bakery's business model, when an affiliated business is associated with your transaction, you will share customer information that is related to such transaction with that affiliated business.
Carlo's Bakery employs other companies and people to perform tasks on our behalf and needs to share your information with them to provide products and services to you. Examples include but are not limited to fulfilling orders, handling billing disputes, analyzing data, providing marketing assistance and providing customer service.
Carlo's Bakery will not rent, sell, or share personal information about you with nonaffiliated parties except as specified in this Privacy Policy to provide products or services you have requested or when Carlo's Bakery has your permission. It may be necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Carlo's Bakery's Terms of Use, as specified in this Privacy Policy or as otherwise required by law. In some cases, Carlo's Bakery may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Carlo's Bakery will transfer information about you if Carlo's Bakey is acquired by or merged with another company. In this event, Carlo's Bakery will notify you by email or by putting a prominent notice on the Carlo's Bakery web site before information about you is transferred and becomes subject to a different privacy policy.
Third Parties
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information Carlo's Bakery collects from you. If you disclose your information to others, whether they are buyers or sellers on Carlo's Bakery or throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Carlo's Bakery does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Carlo's Bakery is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Carlo's Bakery site. Carlo's Bakery encourages you to ask questions before you disclose your personal information to others.
Personal Information we collect (and why)
User Data
This is the personal data that is provided by you or collected by us to enable you to sign up for and use the Carlo's Bakery service. This may include your username, email address, phone number, birth date, street address, and country.
Some of the personal data we will ask you to provide is required in order to create your account. You may also have the option to provide us with additional personal data in order to make your account more personalized.
Usage Data
This is the personal data that is collected about you when you’re accessing and/or using the Carlo's Bakery service, including:
Information about your interactions with the Carlo's Bakery service such as your search queries (including the date and time of any requests you make), purchase history, and your product browsing history. It can also be inferences drawn about your interests and preferences based on your usage of the Carlo's Bakery service.
Certain technical data, which may include:
URL information;
online identifiers including cookie data and IP addresses;
information about the types of devices you are using such as network connection type (e.g. wifi, 3G, LTE), provider, network and device performance, browser type, language, and operating system;
your non-precise location, which may be derived or inferred from certain technical data (e.g., your IP address, language setting of your device, or payment currency), to monitor for unusual/suspicious account activity, and deliver personalized content and advertising to you.
Payment and Purchase Data
We may collect certain personal data if you make a purchase through the Carlo's Bakery service. The exact personal data collected will vary depending on the payment method (e.g. credit card or PayPal) but will include information such as:
Name;
Date of birth;
Credit or debit card type, expiration date, and certain digits of your card number;
Postal code;
Mailing address;
Mobile phone number; and
Details of your purchase and payment history.
Third Party Sources
Authentication partners: If you register for or log into our services using third party credentials (e.g. Facebook), we will import your information from such third party to help create your account with us.
Technical service partners: We work with technical service partners that provide us with certain data, such as mapping IP addresses to non-precise location data (e.g., city, state), to enable us to provide the Carlo's Bakery service, content, and features.
Payment partners: If you choose to pay for a service or feature by invoice, we may receive data from our payment partners to enable us to send you invoices, process your payment and provide you with what you’ve purchased.
Advertisers and other advertising partners: We may obtain certain data about you, such as cookie id, mobile device id, or email address, and inferences about your interests and preferences from certain advertisers and advertising partners that allow us to deliver more relevant ads and measure their effectiveness.
What we use Personal Information for
To provide and personalize the Carlo's Bakery service.
To understand, diagnose, troubleshoot, and fix issues for the Carlo's Bakery service.
To evaluate and develop new features, technologies, and improvements to the service.
To comply with legal obligations and law enforcement requests.
To conduct business planning, reporting, and forecasting.
To process your payment.
To detect fraud, including fraudulent payments and fraudulent use of the Carlo's Bakery service.
To conduct research, contests, surveys, and sweepstakes.
Requesting, Editing, and Deleting Account and Personal Information
You can change your Carlo's Bakery Account Information (except your username), at any time. Carlo's Bakery may send you certain communications relating to the Carlo's Bakery service, such as service announcements and administrative messages that are considered part of your Carlo's Bakery account. You can delete your Carlo's Bakery account by emailing support@carlosbakery.com. Please note that your identification, billing and contact information may remain in Carlo's Bakery's records for some period.
Carlo's Bakery limits access to personal information about you to employees who Carlo's Bakery believes reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Your Carlo's Bakery Account Information is password-protected.
If your personally identifiable information changes you may correct or update it by making the change on your Carlo's Bakery account page. You may delete or deactivate your account by emailing Customer Support at support@carlosbakery.com. Carlo's Bakery will respond to your request within 10-20 business days.
Security
The security of your personal information is important to us. Your Carlo's Bakery account information is protected by a password for your privacy and security. You need to work to protect against unauthorized access to your password and to your computer by signing off once you have finished using a shared computer. When you enter sensitive information (such as credit card number) for registration Carlo's Bakery encrypts that information using Transport Layer Security technology (TLS). Carlo's Bakery follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Carlo's Bakery receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Carlo's Bakery strives to use commercially acceptable means to protect your personal information, Carlo's Bakery cannot guarantee its absolute security. If you have any questions about security on Carlo's Bakery's Web site, you can email Carlo's Bakery at support@carlosbakery.com.
Changes to this Privacy Policy
If this privacy policy is changed, Carlo's Bakery will post changes so that you are aware of those changes. Carlo's Bakery reserves the right to modify this privacy statement at any time, so please review it frequently. If Carlo's Bakery makes material changes to this policy you will be notified here, by email, or other places Carlo's Bakery deems appropriate.
Questions
If you have questions or suggestions you can submit them to support@carlosbakery.com or by postal mail to Carlo's Bakery Attn: Customer Support; 631 Grove Street, Jersey City, NJ 07310
By using the Carlosbakery.com web site (“Carlos Bakery” or the “Site”), a service of Carlos Bakery, Inc.., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site. Before you may become a member of Carlo's Bakery, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on January 1, 2020 for current users and upon acceptance for new users.
Carlo's Bakery is a Venue
Carlo's Bakery acts as a venue to allow users (customers) to buy certain food and related goods within a fixed-price format. You agree that Carlo's Bakery is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users, or outside parties on Carlo's Bakery. You use Carlo's Bakery e-commerce service at your own risk.
Carlo's Bakery does not guarantee same-day shipping on any order. The shipping guidelines published on this website are not guarantees of a shipping or arrival date, they are estimates.
Carlo's Bakery E-gift Cards
Carlo's Bakery e-gift cards (“E-Cards”) may be used to purchase any eligible product available for purchase in Carlosbakery.com online catalog. The recipient of an E-Card will be notified via email. You may purchase E-Cards in US dollar denominations. The amount of the E-Card you purchase will be charged to your credit card when you confirm your purchase of such E-Card. Once the recipient of the E-Card activates the E-Card, then the value of the E-gift card will appear in the recipient’s shopping cart as a credit toward purchases on CarlosBakery.com. If a purchase exceeds the amount of the E-gift card, the balance must be paid by credit card or other available payment method, in accordance with Carlo's Bakery standard payment policies. E-gift cards cannot be used to purchase other E-gift cards. Purchases made with E-gift cards are not eligible to earn Referral Credits. E-gift cards expire 1 year from the purchase date. E-gift cards are not currency, and do not have cash value outside of Carlo's Bakery. Carlo's Bakery is not responsible for any unauthorized use of an E-Card.
Binding Sale: All sales are binding. Carlo's Bakery is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance.
As part of a transaction, we may obtain personal information, including email address and shipping information. Without obtaining prior permission from the user, this personal information shall only be used for that transaction or for Carlo's Bakery-related communications. For more information, see Carlo's Bakery Privacy Policy.
Resolution of Disputes and Release
In the event a dispute arises between you and Carlo's Bakery, please contact Carlo's Bakery. You release Carlo's Bakery (and Carlo's Bakery officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Carlo's Bakery Intellectual Property
Carlo's Bakery, and other Carlo's Bakery graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Carlo's Bakery, Inc. in the U.S. and/or other countries. Carlo's Bakery trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
Much of the information on Carlo's Bakery is updated on a real-time basis and is proprietary or is licensed to Carlo's Bakery. You agree that you will not use any robot, spider, scraper or other automated means to access Carlo's Bakery for any purpose without Carlo's Bakery prior express written permission. Additionally, you agree that you will not:
Take any action that imposes, or may impose, in Carlo's Bakery sole discretion, an unreasonable or disproportionately large load on Carlo's Bakery infrastructure
Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of Carlo's Bakery and the appropriate third party, as applicable
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
Privacy
Except as provided in Carlo's Bakery Privacy Policy, Carlo's Bakery will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Carlo's Bakery stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
No Warranty
CARLO'S BAKERY, CARLO'S BAKERY SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CARLO'S BAKERY SUPPLIERS PROVIDE CARLO'S BAKERY WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CARLO'S BAKERY, CARLO'S BAKERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CARLO'S BAKERY ’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CARLO'S BAKERY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit
IN NO EVENT SHALL Carlo's Bakery, AND (AS APPLICABLE) CARLO'S BAKERY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CARLO’S BAKERY SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CARLO’S BAKERY SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. CARLO'S BAKERY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CARLO's BAKERY SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CARLO'S BAKERY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD CARLO'S BAKERY AND (AS APPLICABLE) CARLO'S BAKERY PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
No Guaranty
Carlo's Bakery does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Carlo's Bakery's control.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Carlo's Bakery's service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New Jersey and disputes arising under this Agreement will be adjudicated by the courts of the State of New Jersey.
Survival
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Carlo's Bakery’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Carlo's Bakery Attn: Legal; 631 Grove Street, Jersey City, NJ 07310 (in the case of Carlo's Bakery)
Disclosures
The services hereunder are offered by Carlo's Bakery Inc., located at 631 Grove Street, Jersey City, NJ 07310