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Mad Mobile Privacy Policy

Updated on October 20, 2022

This Privacy Policy (this “Policy”) describes the privacy practices of Mad Mobile, Inc. and its subsidiary companies, including Cake Corporation (“Mad Mobile”, “we”, or “us”), with respect to information collected when users sign up for, use, access or otherwise interact with madmobile.com, cake.net and trycake.com (the “Sites”) and any applications, services, programs, and products of Mad Mobile developed from time to time, including point-of-sale (POS) software and hardware services, guest management services, online ordering services, contactless order and pay-at-table functionality, payment facilitation services, and associated mobile applications and social media plugins or websites and applications operated by Mad Mobile on behalf of merchants (“Merchants”) on a Mad Mobile platform (collectively, including the Sites, the “Services”), made available on a consumer basis or that reference this Policy (even if you have not signed up for a user account or downloaded a Mad Mobile application), and how we use and share it. By using the Services (including the Sites) or providing Personal Information to us you consent to the terms of this Policy. If you are an employee of a Merchant we may also collect information about you through the use of the Services and such collection and use is governed by the terms of this Policy.

This policy does not describe the information collection practices of third parties (who are not our direct or indirect subsidiary or parent companies), including restaurant and retailer merchants that use Mad Mobile business services. Users of the Services should ask these third parties about their privacy practices before providing information directly to them.

We may change this Policy from time to time. If changes are made, notification will happen by posting the updated policy to the Sites and revising the “Updated” date. The most current version of this Policy will be effective at the time it is posted. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Policy. If you have a disability, you may access this Policy in an alternative format by contacting support@trycake.com.

BY ACCESSING ANY OF THE SERVICES YOU AGREE TO BE BOUND TO ALL THE TERMS OF THIS POLICY.

This Policy covers the following areas:

  1. The Information Mad Mobile Collects and How It is Used
  2. How Your User Information May Be Shared

III. How Mad Mobile Retains User Information

  1. How Mad Mobile Secures User Information
  2. How You Can Manage Your User Information
  3. Region-Specific Disclosures

1. I. The Information Mad Mobile Collects and How It is Used

  1. Information Collected From Users

Mad Mobile collects both Personal Information and Non-Personal Information in connection with the Services. “Personal Information” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal data” under applicable data privacy laws, rules, or regulations. Examples of Personal Information are a name, an online identifier, biometric information, a contact address, social media reviews and ratings, device identifiers that can be linked to a particular consumer, and precise Geolocation Data. “Non-Personal Information” means information that is aggregate, anonymous, practicably de-identified, or otherwise does not reveal your identity. Personal Information and Non-Personal Information are collectively “User Information.”

Mad Mobile may collect and use User Information, including as follows:

Account and Transactional Data

  1. Account Information. We may ask for and store information submitted to us (“Account Information”) by you directly or indirectly (such as through a third party application) in connection with the marketing, registration, creation, or updating of an account with Mad Mobile, or when you express an interest in using, or use or access, the Services, including as an agent or employee of a Merchant. This includes information you may provide as part of any identity verification process such as name; email address; mailing address; phone number; birthdate; passport, driver’s license, Social Security, Taxpayer Identification, or other government-issued identification; or other historical, contact, demographic or authentication information.
  2. Transactional Data. We may collect information about you (“Transactional Data”) when you engage in activities on or related to the Services, including participating in interactive features of the Services, connecting from a social network, using a social media service (such as the Facebook page of Cake Corporation (“Cake”)), or websites or applications operated by Mad Mobile on behalf of Merchants, ordering, making a payment for, reserving or reviewing a Merchant’s product or service (such as booking a guest at a Merchant location), using a Cake gift card (including any gift cards issued by a Merchant through a relationship with Mad Mobile), signing up for emails, mobile messages, or social media notifications, submitting content and/or posting content/reviews in discussion forums, communicating with our customer service department via our customer service call center or electronic media platforms (such as email or social media), participating in user surveys, focus groups, or contests, or customer referral programs and signing up for special offers from third parties through the Services. Our collection of Transactional Data may be required for you to engage in certain activities on the Service. Transactional Data may include (a) first and last names, (b) a home or other physical address, including street name and name of city or town, (c) an email address or other online contact information, such as an instant messaging user identifier or a screen name, (d) telephone number, (e) Social Security number, (f) date of birth, (g) photographs, (h) reviews and ratings, (i) information from any social network you may have connected from, (j) a description of transaction and when and where it occurred, and (k) certain financial account or payment details, such as a payment method, a bank account number or a credit card number, expiration date, and authentication codes or related information. We do not collect social insurance numbers from consumers in Canada.

We may use Personal Information contained in Account Information and Transactional Data for, among other things, product and service fulfillment (including the delivery of Mad Mobile’s business services to Merchants and providing products and services to users (such as offering real-time deals near your location or sending receipt messages (by email or mobile communications)), to enable Merchants and Merchant employees to access and use the Services, maintenance and improvement of the Services, marketing purposes (such as sending you marketing communications, either directly or through a third party, in relation to the Services that might interest you and enabling Merchants, either directly or through a third party, to advertise their products and services to you), information purposes (such coupon delivery, sending you news and information about the Services, or tracking the success of a referral program), internal operations (improving the effectiveness and security of the business or consumer services of Mad Mobile and its affiliate companies), contacting you to resolve disputes or collect fees, maintaining records for Merchants regarding their employee’s interaction with and use of the Services, and to personalize and facilitate user’s experience with the Services or the services of third parties. In addition, if you use our Services to send information or a product to another person, we may store that information in a form that is personally identifiable. Mad Mobile may also process Personal Information submitted to us in connection with our employment activities, such as in connection with recruitment efforts or candidate evaluations.

You may disclose Personal Information to us so that we can provide assistance and information to you. Where consistent with applicable law we record and store telephone calls and chat transcripts for a period of time when you interact with our customer or technical support personnel, or if you provide us feedback about our Services. We may use Personal Information to deliver information and support you request, troubleshoot issues you are having with the Sites, perform administrative tasks in connection with the Services, contact you, enforce our agreements (including any applicable terms of use, terms of service, or similar agreements and this Privacy Policy), investigate, detect or prevent fraud, security breaches and other potentially prohibited or illegal activities, comply with applicable law, regulation, and legal process and cooperate with law enforcement activities, each to the extent permitted by applicable law. Personal Information may also be used in verifying identity, credit investigation, credit eligibility, identity or account verification processes, fraud detection processes, or collection procedures. We may also use Personal Information for any other business purpose stated when collecting such Personal Information or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).

Location and Device Information. Mad Mobile may directly or through third parties collect device-specific information about you (and any device associated with your account) including without limitation any GPS-based, Wi-Fi-based, or cell-based location information (“Geolocation Information”), and any other identifier that permits direct identifying, locating, or contacting of the device or user. That information may include the presence of the device, its signal strength and mobile network information, its manufacturer (Apple, Samsung, etc.) and model, software running on the device, unique identifiers such as its Media Access Control (MAC) address, and information about the device’s interaction with the Services or business services.

Mad Mobile uses this information for various reasons, such as enabling the monitoring of browsing activity and session replays, better understanding our customers and other individuals who access our Services, promoting the businesses of Mad Mobile, developing more interesting and relevant products and services, and helping Merchants better understand customer behavior. For example, Mad Mobile may share information such as how many people visit a Merchant, how long people stay, how often they return, what sections of the store they visit, and whether customers visit other of the Merchant’s locations. Mad Mobile may also combine Personal Information with other information collected in connection with your use of the Services to facilitate the delivery of marketed messages to you or otherwise use for purposes related to the business of Mad Mobile and its parent and subsidiary companies. These marketing messages are optional in Canada; if you do not want to receive them see the section entitled “Optional Use and Disclosure of Your Personal Information (Canada)” below.
 

Demographic and Profile Information. We may at times request information that is not directly personally identifiable, such as age and annual income, unless it is stored or used in combination with any direct personal identifiers (such as your name or email address). This type of information is primarily used to display more customized content and improve user experience of and promote the Services.
 

Usage Information. We automatically store information related to the use of the Services, such as Site pages you viewed, your internet protocol (IP) address, browser type, internet service provider (ISP), referring/exit pages, browsing data such as the path you take through the Sites or Services and how long you spent on a page, platform type, access device, and the date and time of your visit or transaction. We may use this data administer the Services, analyze trends, anticipate traffic load demands, track user behavior, gather broad demographic information for aggregate use, for session replays and to otherwise provide the Services.

Merchant Biometric Information. For employees or other users acting on behalf of Merchants that use Mad Mobile hardware devices with a biometric or finger scanning device for security and/or workforce management, please see the Biometric Information Use Policy.

Cookies and Similar Automatically Collected Information. Mad Mobile, its affiliates and our partners use various technologies to collect information when you use our Services, including web beacons, pixel tags and sending cookies – small data files placed on a device’s hard drive or memory – to user’s devices in order to, among other things, identify the status of the user, retain your preferences and account settings, analyze trends, learn about Mad Mobile’s user base, customize and improve the Services, and mitigate risks and the potential for fraud. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality. We reserve the right to share aggregated site statistics with our affiliate and partner companies.

In addition, to the extent that advertisements are served through the Services, our third-party advertisers may place or recognize a unique cookie on browsers. We may also collect information using web beacons (objects embedded in a web page or email which are used to check if a user has accessed content).  In addition, Mad Mobile may allow third parties or service providers to collect information directly from you on behalf of Mad Mobile when you visit the Services for the purposes stated in the Policy including analytics, improving the Services, operational activities, lookalike data modelling and go-to-market activities.

Our web pages may contain electronic images known as tracking pixels that allow us to count users who have visited those pages and to deliver co-branded services. We may include tracking pixels in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon. Some of these tracking pixels may be placed by third-party service providers to help determine the effectiveness of our advertising campaigns or email communications. These tracking pixels may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our Site(s) and how you use the Site(s).

Mad Mobile may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own cookies on your device(s). If you view a web page created by a third party or use an application created by a third party, those third parties may use their own cookies or web beacons that are not subject to Mad Mobile’s control or this Policy. For instance, we use Google Analytics to collect and process certain analytics data.  Google provides some additional privacy options described at www.google.com/policies/privacy/partners/ regarding Google Analytics cookies.  We also use Mixpanel to collect and process certain analytics data.  More information about Mixpanel’s data practices may be found online at http://mixpanel.com/privacy/.  To opt-out of Mixpanel analytics, please go to https://mixpanel.com/optout/ or review the current instructions in the Mixpanel Privacy Policy.

By using the Services, you consent to the use of the above technologies, including cookies and pixel tags, to collect information about you. You can decide whether or not to accept cookies through your browser’s settings. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new cookie in a variety of ways. You can also delete all cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some of the Services and functionalities may not work. To explore what cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu.

If you want to opt out of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our partners, please follow the instructions at www.aboutads.info/choices or http://www.networkadvertising.org/choices/ to place an opt-out cookie on your device indicating that you do not want to receive interest-based advertisements.

We are committed to providing you with meaningful choices about the information collected on our Services for third party purposes. That is why we have provided links (above) to the NAI “Consumer Opt-Out” link, the DAA opt-out link, and a Mixpanel opt-out link. However, we do not currently recognize or respond to browser-initiated Do-Not-Track signals. If you reside in a jurisdiction that mandates that Mad Mobile respond to DNT signals and wish to opt-out of cookies or other data collection technologies, please write to our support team at support@trycake.com.
 

Digital Receipts. In connection with the Services, you may receive receipts in connection with order transactions. If you opt to receive receipts via email or text message, Mad Mobile retains any provided email address or phone number and you authorize Mad Mobile to use that address or phone number when sending you receipts in connection with purchases and to automatically send you digital receipts for future purchases you make from Merchants. Digital receipts may contain additional messages, offers, or links that may be of interest to you. If at any time you wish to opt out of receiving automatic digital receipts, please follow the instructions in your digital receipt (if applicable) or contact Mad Mobile at support@trycake.com.

Disclaimer of Information Provided to Third Party Services. In some cases we may allow you access to certain third party services by links or otherwise. This Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. Any information you provide to these third party services is not User Information and will not be subject to this Policy. Links accessible via the Services are not intended as an endorsement of or referral to the linked websites. Once you link to another site, you are subject to the privacy and security policies of the new site.

To the extent that Mad Mobile incorporates the Google Places or Maps API product(s) into the Services, then by using the Services you agree to be bound by Google’s Terms of Use and the Google privacy policy (currently at http://www.google.com/policies/privacy/), as amended by Google from time to time, which is incorporated herein by reference.

  1. Information Collected From Third Parties

Mad Mobile may also collect information about you from third parties, including but not limited to publicly available sources, identity verification services, financial institutions, mailing list providers, and credit bureaus. In some cases, where lawful this information may include personally identifiable information such as a taxpayer identification number or other government-issued identification number. To the extent permitted by applicable laws, we may obtain background check reports from public records of criminal convictions and arrest records. We may use your information, including your full name, government-issued identification number, and date of birth, to obtain such reports. Information about you may also be collected from third parties in connection with any credit investigation, credit eligibility, identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies. If you provide your social network account credentials to us or otherwise sign into the Services through a third party site or service, you understand some content and/or information in those accounts may be transmitted into your account with Mad Mobile.

  1. II. How Your User Information May Be Shared

Mad Mobile works with third parties to help provide its services to consumers and Merchants and maintain and improve its services and business and we may share User Information with those third parties to further these efforts. Without limiting the foregoing (and to the extent permitted by applicable law), Mad Mobile will share User Information with third parties with your consent as well as in the following circumstances:

Affiliates. A Mad Mobile entity may share information it collects with parent and subsidiary companies or affiliate companies that Mad Mobile controls or is controlled by for the purposes outlined above, including to coordinate the provision of services to you by Merchants and improve and promote Mad Mobile businesses and services and offer you products and services that may of interest to you. These marketing messages are optional in Canada; if you do not want to receive them see the section entitled “Optional Use and Disclosure of Your Personal Information (Canada)” below.

Merchants. We may share User Information with Merchants to, among other things, provide, maintain, and improve our Services, such as facilitating the payment of orders or delivery of services and otherwise supporting the business services we provide to Merchants. By using the Services, you give Mad Mobile permission to share User Information about you with any of the Merchants. For example, we may share information about you when you are located near a participating Merchant. This policy does not describe the practices of Merchants that may receive or collect information from you. Mad Mobile’s sharing of User Information with Merchants may allow Merchants (or any party authorized to act on behalf of Merchants (such as Mad Mobile or a third party)) to market directly to you should they choose to do so. These marketing messages are optional in Canada; if you do not want to receive them see the section entitled “Optional Use and Disclosure of Your Personal Information (Canada)” below. We do not have any responsibility for the actions of Merchants.
 

Third Party Service Providers. We may share User Information, including Personal Information and Geolocation Information, with third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, and fee collection services), as well as financial institutions, analytics providers, hosting and other technology and communications providers, payments processors, payments card associations (and other entities that are part of the payment process), credit bureaus, partners providing services on Mad Mobile’s behalf, and other entities in connection with the Services. For example, Mad Mobile may share personal information about you with third parties that provide advertising campaigns, lookalike data modeling and marketing services, contests, special offers, or other events or activities in connection with our business. Mad Mobile may also share Personal information for the purposes of auditing related to a current interaction and concurrent transactions, including, but not limited to, auditing compliance with this specification and other standards and detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

To the extent you associate an account managed by third parties such as social media sites (e.g., Facebook and Twitter) with a Mad Mobile account, you authorize Mad Mobile to have access to this information and agree that Mad Mobile may collect, store and use such information in accordance with this Policy.

Aggregate and De-Identified Information. We may aggregate and/or de-identify information collected through the Services so that such information is not personally identifying under applicable law. We may use de-identified or aggregated data for any lawful purpose, including without limitation for research and marketing purposes and may also transfer such data to any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.

Business Transfers. Mad Mobile may share User to a subsequent third party owner, co-owner, or operator of one or more of the Services or in connection with, or during the negotiation or due diligence process of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business. In the event Mad Mobile sells certain of its assets or goes through a structural change, such as a merger, acquisition by another company, bankruptcy, insolvency, or dissolution, User Information including Personal Information may be transferred to a third party as part of such event and thereby become subject to the privacy practices of that third party, which may materially different than those of Mad Mobile.

User Generated Content. User generated content posted through the Services such as service/restaurant reviews, commentary on discussion boards or blogs, and certain social networking preferences (e.g. pages you “Like” or “Recommend”) may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. Mad Mobile cannot ensure the privacy of any User Information included in that user generated content.

Legal Compliance and Special Circumstances

 

  1. General. We may disclose User Information to third parties if we determine that such disclosure is reasonably necessary to (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities, law enforcement agencies, etc.); (ii) to enforce or comply with ourTermsor other applicable agreements or policies; (iii) to protect the rights, reputation or property of Mad Mobile or our consumers or Merchants, or the security or integrity of our Services; or (iv) to protect Mad Mobile, users of our Services or the public from harm, fraud, or potentially prohibited or illegal activities. In all cases disclosure is limited to situations where Mad Mobile is permitted to do so under applicable data protection law and regulations.
  2. Canadian residents. We may disclose User information for loss or fraud prevention purposes, for debt collection purposes, to comply with legal and regulatory requirements, and as may otherwise be permitted or required by applicable laws.

iii. California residents. Please note that while Mad Mobile does not sell Personal Information collected from you to third parties, the definition of “sale” or “sell” is broadly defined under the CCPA, so as to potentially encompass marketing activities Mad Mobile employs involving the sharing of your Personal Information with third parties. See Cal. Civil Code §1798.140(t).

Within the past twelve months, Mad Mobile has “sold” (within the meaning of CCPA’s definition of that term) the following categories of consumers’ Personal Information: (i) name (ii) home address (iii) email address and (iv) telephone number and (v) inferences drawn from the above information to create consumer profiles.

California consumers may opt-out of the above Mad Mobile activities that may constitute “selling” Personal Information as defined under the CCPA by contacting Mad Mobile at support@trycake.com or through the “CCPA Opt-Out” form accessible by the “Do Not Sell My Information” link at the footer of this page. Additionally, you can submit a request by contacting our support department at support@trycake.com or by calling 1-(855) 696-2253. You do not need to create an account with us to exercise your right to opt out of Personal Information sales. However, if applicable, we may ask you to provide additional personal information so that we can properly identify you in our dataset and to track compliance with your opt out request. We will only use personal information provided in an opt out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our systems. Once you make an opt-out request, you may change your mind and opt back in to future personal information sales at any time by contacting us at support@trycake.com.

Otherwise, within the past twelve months, Mad Mobile has collected and disclosed the following categories of Personal Information for a business purpose (not constituting a “sale” under the CCPA) to third parties: (i) personal information described in subdivision (e) of Section 1798.80 of the CCPA and identifiers such as name, alias, postal address, telephone number, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, or other similar identifiers, (ii) internet activity including browsing and search history, and interactions with websites and advertising, (iii) commercial information,  records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, (iv) geolocation data, (v) biometric information of employees or other users acting on behalf of Merchants that use Mad Mobile hardware devices with a biometric or finger print scanner for security or workforce management, (vi) audio, electronic, visual, or similar information (such as telephone call recordings, communications with Mad Mobile’s customer service department via the customer service call center or electronic media platform), (vii) professional or employment-related information (such as current or past job history), (viii) device, usage and Internet or other electronic network activity information such as information about your device type, browser settings or interactions with our sites and (ix) inferences drawn from the above information to create consumer profiles.

For information about the categories of sources from which we obtain personal information, or for additional details about the specific types of Personal Information we collect, as well as Mad Mobile’s purposes for collecting such information please refer to the “The Information Mad Mobile Collects and How It is Used” section of the Policy. For information about our purpose(s) for possibly sharing your personal information and the categories of third parties with whom such information is shared, please refer to the “How Your User Information May Be Shared” section of the Policy.

III. How Mad Mobile Retains User Information
 

Mad Mobile will retain User Information for so long as it continues to be useful in connection with providing Mad Mobile’s Services and product offerings and subject to law and this Policy and the Biometric Information Use Policy. We may further retain and use User Information as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request; to detect or prevent fraud; to collect fees owed or resolve disputes; to assist with investigations; to enforce our agreements with consumers or Merchants or other applicable agreements or policies; or to take any other actions consistent with or required by applicable law. We may further retain information in an anonymous or aggregated form where that information does not identify you personally.

  1. IV. How Mad Mobile Secures User Information

Mad Mobile takes precautions to secure your personal information and protect it from loss, theft, unauthorized access, destruction, use, modification and disclosure. Mad Mobile’s security measures may change or be unavailable from time to time and no data transmission over the Internet or any wireless network is 100% secure, so we cannot guarantee the security of User Information.

Mad Mobile keeps your personal information only for as long as necessary to accomplish the identified purpose(s), and then securely destroys such information to the extent required by applicable law.

Personal Information of Children Under 16. The Services are intended for general audiences and is not directed to persons less than 16 years of age and we do not knowingly collect personal information from those persons. If you become aware that personal information about your child has been provided to Mad Mobile without your consent, please contact us. If we become aware that a child under 16 has provided us with personal information without parental consent, we make efforts to remove that information and terminate the child’s account in a manner consistent with applicable law. A parent or guardian may contact us at support@trycake.com for the purpose of deleting this information.

Canadian residents.  Your personal information may be processed and stored in the United States and may be accessible to the United States government, courts or law enforcement or regulatory agencies through the laws of the United States.

  1. V. How You Can Manage Your Information

 If your Account Information changes, you may update or delete and deactivate certain aspects of your Account Information by signing into and managing your Mad Mobile account or, if your account does not so permit, by contacting us at support@trycake.com. In addition, depending on the nature of your account, your account management page may allow you to control certain aspects of how other information you submit to the Services is used or shared. As a consumer you have the ability to unsubscribe to promotional emails or text messages by following the instructions in those emails or text messages. If you unsubscribe it may take up to 10 business days before you stop receiving promotional emails and Mad Mobile may still send you non-promotional communications, such as digital receipts (if applicable) and communications about your account.

Employees of Merchant customers. Employees of  Merchant customers should contact the appropriate person within their employer’s organization to understand, access, change and/or control what employee information is provided by the employer to Mad Mobile so that Mad Mobile may deliver its products and services to the employer under their contract.

Mad Mobile Privacy Office

For more information or concerns regarding this Policy or Mad Mobile’s privacy practices please contact Mad Mobile’s Privacy Office at:

Phone: 1.855.696.CAKE

Email: privacy@trycake.com

Write: Mad Mobile, Inc., Attn: Mad Mobile Privacy Office, 201 N Franklin St., Suite 1000, Tampa, FL 33602

You may request access to or a correction of the personal information Mad Mobile has on file about you by contacting the Mad Mobile Privacy Office.

  1. VI. Region-Specific Disclosures

Residents of California. If you are a California resident, you have the rights set forth in this section. Please note that Mad Mobile may process Personal Information of the consumers/guests or employees of Merchant customers in connection with the provision of certain services to such Merchants. If Mad Mobile is processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data.

Under California law (see California “Shine the Light” Law (Cal.Civ.1798.83)) once a year California residents may request certain details about information we disclose to third parties for direct marketing purposes. If you are a California resident and would like to request this information, please send written notice, by certified mail or Federal Express (signature required), noting that you are making a “California Privacy Request” to Mad Mobile’s Privacy Office at the above address.

In addition, the CCPA gives California residents certain rights around Mad Mobile’s collection, use and sharing of their personal information. The CCPA provides that California residents have the following rights with respect to their Personal Information collected by businesses subject to the CCPA:

  • to opt-out of the “sale” (as defined under the CCPA) of their Personal Information;
  • to access their Personal Information in a format transmittable to another entity;
  • to delete their personal information;
  • to not be discriminated against due to exercise of the above-listed rights, such as through a denial of goods or services, receiving a different level or quality of goods or services, or being charged different prices for goods or services; and
  • to receive, pursuant to a verifiable consumer request, a disclosure of the following requested information: (a) the categories of sources from which the consumer’s Personal Information is collected; (b) our business or commercial purpose(s) for collecting or selling Personal Information (also disclosed in this Privacy Policy); the categories of third parties with whom we share Personal Information (also disclosed in this Privacy Policy); (c) the categories of personal information we have collected about that consumer; and (d) the specific pieces of personal information we have collected about that consumer.

Certain rights under CCPA may not be absolute and may also depend upon the context of your interaction with Mad Mobile. For instance, exceptions under the CCPA may allow Mad Mobile to retain and use certain Personal Information notwithstanding a deletion request. Also, if you are a customer of a Merchant, Mad Mobile acts as a service provider to the Merchant with respect to your personal information, and as such rights requests should be directed to the Merchant. Employees of Mad Mobile’s Merchant customers should contact the appropriate person within their employer’s organization to understand, access, change and/or control what employee information is provided by the employer to Mad Mobile so that Mad Mobile may deliver its products and services to the employer under their contract.

You can exercise your CCPA data rights through a request to Mad Mobile’s Privacy Office as set forth above, including a request by email to privacy@trycake.com. Please note that we are not required to respond to requests for disclosure of information collected or deletion of information shared or sold that are made more than twice in any 12-month period by the same California consumer. Please note that we may need to verify your identity before completing your rights request. You must provide sufficient information to allow us to reasonably verify that you are the person about whom we have collected information and we may ask you to provide additional personal information for purposes of identifying you in our system. Upon receiving a verifiable request, we will provide you with this information in writing, free of charge, within a time frame consistent under California law. California residents can also empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.

Residents of Canada. If you are a resident of Canada, your consent to use or share your personal information for the additional marketing purposes identified above is optional and is not required as a condition of obtaining the Services. If you do not want your personal information to be used or shared for these additional purposes, please contact the Mad Mobile Privacy Office at the address set out above.
 

Residents of Nevada. Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. Mad Mobile does not sell your personal information to third parties as defined in Nevada law, however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting us at the Mad Mobile Privacy Office through one of the contact methods identified above. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us at support@trycake.com.

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