Privacy Policy

Last updated: August 02, 2021

All of us at UBake, LLC, a South Carolina limited liability company (sometimes referred to as “UBake” or “It,” “We,” “Us,” or “Our”), are concerned about privacy and want you (“You,” “Your,” “Yourself,”), as well as all of Our other customers (the “Customers”) and vendors (the “Vendors”), to be familiar with how We may collect, use, and disclose Your Personal Information (as defined below) as well as the Personal Information of other Customers and Vendors. This Privacy Policy (the “Policy”) describes Our current practices in connection with privacy and also describes the Personal Information We collect or otherwise may collect through Our current and/or future web-based (or related platform-based) services provided to connect Customers and Vendors for the purchase and sale of food and food-related items (collectively, the "Services").

Except as indicated below, this Policy does not address the collection, use, or disclosure of information by Us or by third parties on any websites or mobile applications other than the Services. Unless expressly excluded therein, this Policy shall be incorporated into any Terms & Conditions of Service established by UBake, as may be amended from time to time (the “Terms”). Should the Terms conflict with any provision of this Policy, the Terms shall control. This Policy may be updated or modified by Us, from time to time, without notice to you.

1. Personal Information Defined: “Personal Information” means any and all information that can identify You, directly or indirectly, whether alone or in the aggregate, and includes, but is not limited to, Your name, address, telephone number, email address, date of birth, financial information, personal health information, or any similar personal information, as well as information regarding Your usage of Our Services and all private information You submit to Us, directly or indirectly, when using or accessing Our Services. Additionally, Personal Information includes Your non-personal information when connected with or otherwise linked to Your Personal Information.

2. Collection of Personal Information: You are not required to provide any Personal Information to us, unless you choose to utilize Our Services. If you so choose, in order to effectively provide the Services, We may collect Your Personal Information in a variety of scenarios and/or manners (including, automatically) when You use or access Our Services, including, but not limited to, when You: register for Our Services; create an Account (as defined in the Terms); log-in through a social network, if applicable; and/or otherwise engage with, contact, or communicate with Us. We may also receive information about You from third-party sources, including, but not limited to, other Customers and/or Vendors.

We may use tracking technologies, including, but not limited to, cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology, to automatically collect: usage and device information, including information about Your devices, hardware, and software (e.g., Your IP address, browser type, ISP, operating system, date and time stamp, and other similar information); information about how You access and use Our Services (e.g., from when and where did You access our Services, where did You go after you stopped using Our Services, the pages You visited, the links You clicked, and other actions You take on the Services); and analytics information (e.g., to measure traffic and usage trends and to record and assess demographics information of Our Customers and Vendors). Additionally, we may use these same or similar technologies to personalize Your experience and improve Your convenience (e.g., to recognize You when You return, to remember information You have already provided, and to deliver content and advertising tailored to Your interests).

We may also work with third parties to employ technologies, including the application of statistical modeling tools, that permit Us to recognize and contact You across multiple devices and mediums and collect information related thereto.

We may collect and obtain information about Your physical location through geolocation features on Your devices, including GPS (e.g., latitude and/or longitude), as well as inferences drawn based on other information We collect (e.g., IP Address).

3. Use and Disclosure of Collected Personal Information: We may use the Personal Information collected for those purposes as We deem, in our sole and absolute discretion, necessary or appropriate for the provision of Our Services, including, but not limited to, enhancing Our Services and personalizing Your experiences. Without limiting the foregoing, We may use Your Personal Information to:

a. process and effectuate Your registration for an Account with Our Services;

b. verify the information You provided to ensure its truth, completeness, and accuracy;

c. send You information regarding Our Services, this Policy, and the Terms, including changes thereto (*Note that because this information may be material to Your use of the Services, You may not opt out of receiving such communications);

d. perform analytics and conduct customer research;

e. assist with Our internal business purposes;

f. personalize Our Services for You and our other Customers and Vendors;

g. make Our Services more convenient and user-friendly to You;

h. enforce Our Terms, as may be amended from time to time;

i. comply with applicable laws and regulations;

j. respond to Your questions and comments to Us; and

k. troubleshoot technical and other problems with Our Services.

From time to time, We may participate in interest-based advertising and use third party advertising companies to serve You targeted advertisements based on Your online browsing history and Your interests. In such scenarios, We may permit third party online advertising networks, social media companies, and other third party service providers to collect information about Your use of Our Services over time so that they may display ads (static or not) on Our Services; on other websites, applications, or services You may use; and/or on other devices You may use.

If available and if You choose to access and/or link Our Services via one or more online social media services (a, “Social Network”), We may collect and use Your Personal Information to enable Our Services to access that Social Network and Your information thereon. A Social Network may provide Us with access to certain of Your Personal Information, and We may use, store, and disclose such Personal Information in accordance with this Policy.

Additionally, a Social Network may collect Personal Information about Your use of Our Services. The manner in which these Social Networks use, store, and disclose Your Personal Information is governed by the policies of such third parties, and We shall have no liability or responsibility for the privacy practices of any Social Network that may be enabled within Our Services.

4. Sharing Your Personal Information: We may share Your Personal Information with:

a. Our members, managers, directors, employees, agents, licensees, affiliates, subsidiaries, parent companies, insurers, attorneys, representatives, successors, and assigns for purposes of the operation of Our Services and our related business activities;

b. third-party service providers who provide services on Our behalf (e.g., payment processing, website hosting, IT services, customer service, targeted advertising and marketing, and other similar services);

c. third parties such as attorneys, collection agencies, governmental agencies, and law enforcement authorities pursuant to valid requests in connection with alleged violations of Our Terms, other alleged contract violations, actual or alleged infringement, actual or suspected harm to persons or property, or alleged violations of applicable laws or regulations;

d. third parties as needed to detect, prevent, or otherwise address actual or suspected fraud, harassment, security, or technical issues; violations of the Terms, this Policy, or any law or regulation applicable to the Services; and to verify Your Transactions (as defined in the Terms) to holder(s) of any credit card(s) or other payment account(s) used to place a Transaction using Your Account or Your Personal Information;

e. third-party sponsors of promotions (irrespective of whether such promotions are hosted by Us), or otherwise in accordance with the rules applicable to such promotions;

f. third-party partners in connection with integration, co-marketing, and certain other coordinated efforts;

g. an affiliate, subsidiary, parent, or other third party, as applicable, in connection with a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Our business or assets (including without limitation in connection with any bankruptcy and/or similar proceedings); and

h. those other persons or entities, as we believe to be appropriate: (i) pursuant to applicable law; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities, including public and government authorities; (iv) to enforce our Terms and other policies or conditions related to Our Services; (v) to protect Our Services and operations and/or those of any of Our affiliates, subsidiaries, parents, or other related entities, as applicable; (vi) to protect Our rights, privacy, safety, and/or property, and/or that of Our affiliates, subsidiaries, parents, related entities, You, and/or others, as applicable; (vii) to permit Us to pursue available remedies and/or limit the damages that We may sustain; and (viii) for recordkeeping purposes.

We may also share Your Personal Information which has been aggregated or de-identified in such a manner so that what is shared does not uniquely identify You or any other Customer or Vendor.

We also may share Your Personal Information with one or more Social Networks that you have linked with your Account for Our Services to facilitate and/or enhance delivery of that Social Network or other services to You.

By using Our Services, you acknowledge and agree that We may share Your Personal Information with those persons and entities referenced in this Policy and all other persons and entities that we deem necessary or appropriate for purposes of the operation of Our Services and our business activities.

5. Interactive Features: We may make available through the Services certain features (e.g., ratings, reviews, etc.) to which You may be able to post information. Please note that any information You provide in connection with Our Services may become public and may be available to other Customers, Vendors, and/or visitors of Our Services and to the general public. We urge You to exercise discretion and caution when deciding to disclose Your Personal Information and/or any other information using any feature of Our Services. UNDER NO CIRCUMSTANCES AND IN NO EVENTS, SHALL UBAKE OR ANY OF ITS MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, INSURERS, ATTORNEYS, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, AS APPLICABLE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, AND CONSEQUENTIAL DAMAGES; LOST PROFITS; DAMAGE TO GOODWILL; PUNITIVE DAMAGES; OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF, OR INABILITY TO USE, OUR SERVICES AND ANY FEATURES THEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION YOU DISCLOSE.

6. Third Party Sites: Except as expressly set forth herein, this Policy does not address the practices or policies of any third party, including without limitation any of Our affiliates and/or any third party operating any site to which the Services contain a link. Any inclusion of links or references to a third party website on Our Services does not imply endorsement of the linked site by Us or by Our members, managers, directors, employees, agents, licensees, affiliates, subsidiaries, parent companies, insurers, attorneys, representatives, successors, and/or assigns, as applicable. Please note that Your access and/or use of any third party website, including Your provision of any information and/or other content to such sites, is entirely at Your sole risk. We encourage You to read the policies and terms of every website You visit. We are not responsible for the policies or practices of third parties.

7. Security: We use reasonable (determined in our sole and absolute discretion) physical, technical, organizational, and administrative security measures designed to protect Personal Information under Our control. However, no provision or other transmission of Personal Information over the internet or data storage system can be guaranteed to be 100% secure. Therefore, You acknowledge and agree that We cannot make, and have not made, any representations or warranties regarding the security or ultimate privacy of Your Personal Information. If You have reason to believe that Your interaction with Us is not secure, You must immediately notify Us of the problem by contacting Us in accordance with the Terms.

8. Control over Your Personal Information: You may review, correct, and/or update certain elements of Your Personal Information in Your Account. However, We are not responsible for reviewing, correcting, and/or updating Personal Information maintained in the databases and/or other records of third parties with whom We have shared Your Personal Information.

9. Data Retention: We may retain Personal Information for at least the period reasonably necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law. If We delete some or all of Your Personal Information, We may continue to retain and use aggregate or anonymous data previously collected and/or aggregated or may anonymize Your Personal Information.

10. Personal Information of Children: Under no circumstances are the Services directed to and/or intended for use by individuals under the age of eighteen (18), and We do not knowingly collect Personal Information from anyone under the age of eighteen (18).

11. Disclaimer: If You choose to access the Services, You do so at Your own risk, and You are solely responsible for complying with all applicable laws, rules, and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area, and/or jurisdiction We choose, at any time and in Our sole and absolute discretion. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE NO REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE PRIVACY AND/OR SECURITY OF YOUR PERSONAL INFORMATION, AND ANY SUCH REPRESENTATION OR WARRANTY MADE, EXPRESSLY OR IMPLIEDLY, IS HEREBY DISCLAIMED.

12. Changes to this Policy: We may update or modify this Policy from time to time and without prior notice to You. Changes to this Policy will be effective as soon as they are posted, unless a later effective date is note. By continuing to access and/or use the Services after the effective date of any revised Policy, You agree to be bound by the revised Policy. Should You not agree to this Policy and/or any new or updated terms of the Policy that may be effective from time to time, do not use or continue to use Our Services. The most current version of this Policy will be posted on the Services.


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