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PRIVACY POLICY

the night baker privacy policy

 

This The Night Baker (“The Night Baker”, “Our”, “Us” or “We”) privacy policy (the “Policy”) applies to a User (as defined below) of the The Night Baker internet site www.thenightbaker.com (“Website”). A User refers to any individual, corporation, business or partnership who uses any of our Websites, services, information or products (collectively, “Content”) of Ours. The Night Baker is dedicated to maintaining high standards of privacy and confidentiality with respect to any Personal Information (as defined below) we receive from our User’s and others, pursuant to our obligations under Canada’s Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA”) and any applicable provincial privacy legislation.

Our Website and its Contents may include links to third-party websites. The Night Baker shall not be responsible for the content or privacy compliance of any third-party websites or such links as may be contained in the third-party websites. You should check such websites for their privacy statements and the terms of use that apply to them.

By using the Website, you give explicit consent for the collection, use, disclosure and retention of your personal information where required, as described in this Policy and our Terms of Use.

1.               PERSONAL INFORMATION

While a user may visit our Website anonymously, The Night Baker may collect Personal Information from users who purchase products from our Website. “Personal Information” is any personally identifiable information about an individual or an individual whose identity may be inferred or determined from the information provided, which may include information such as your name, address, email address, telephone number or fax number. This Policy does not cover any data from which the identity of an individual cannot be determined. The Night Baker only uses Personal Information of Users to provide its services, products and information.

You may always refuse to supply Personal Information; however, in doing so, it may prevent you from engaging in certain Website related activities, use of certain services or access to certain parts of the Website. The Night Baker collects Personal Information when an individual voluntarily provides such information. We do not passively collect Personal Information by any electronic or other means. While We collect the email addresses of Users who send us inquiries, you may indicate that you do not wish to receive unsolicited emails from us.

2.               INFORMATION COLLECTED BY THE NIGHT BAKER

User Activity

The Night Baker may collect and analyze non-identifiable information from your browsing activity on Our Website, including, but not limited to, searches you perform on the Website, third-party links that you click on, your time on the Website, your time on each page, session activity, browser type, operating system, type of device used to access the Website, MAC address, Internet Protocol address (IP Address) and the website you were visiting prior to visiting our Website.

For the transfer and receipt of certain types of sensitive information, such as financial information (e.g. credit card information, payment processing or any other payment information for billing purposes), you will be re-directed to a secured third-party payment processing server.

3.               USAGE OF YOUR PERSONAL INFORMATION

Personal Information collected by The Night Baker may be used for the purposes of fulfilling our objectives and mandate, of which include:

  • providing you with services, information, data and support that you have requested from us, including the use of our Website;
  • communicating with Users to determine their needs and to manage the relationship between them and The Night Baker;
  • sending order information, periodic emails with updates pertaining to your order, account assistance, responding to inquiries, questions or other requests from Users;
  • meeting legal or regulatory requirements; and
  • communicating for any other purposes for which we are required or have the Users’ consent.

 The use of your Personal Information is limited to the scope as set out in this Policy, unless expressly stated otherwise. The Night Baker shall not sell, trade, negotiate, exchange or disclose any Personal Information we have obtained without your prior written consent.

Notwithstanding this Policy, there are circumstances where the use and / or disclosure of Personal Information by The Night Baker may be justified, permitted or obligated to do so without your consent. These may include, but are not limited to, where The Night Baker has reasonable grounds to believe that the information is fraudulent, where required by law or an order of the court, administrative agency or other tribunal, where it is necessary to protect the rights, safety or property of an identifiable individual or group, where it is necessary to collect on fees, for the purposes of investigating a contravention of a federal, provincial or foreign law or in order to protect or defend a legal interest of The Night Baker.

Your Personal Information may also be transferred to a service provider which is located outside of the jurisdiction of Canada, where the privacy laws may have different treatment or levels of protection than those in Canada. In such cases, your Personal Information may be subject to access under the applicable foreign legislation.

4.               CONSENT

By providing us your Personal Information, you consent and agree to its use by The Night Baker in accordance with this Policy, its Terms of Use and as otherwise permitted or required by law. If you are required to or do provide us with Personal Information about other individuals, corporations or businesses, you warrant and represent that you have obtained their consent prior to disclosing the information to The Night Baker.

We may also seek your consent to use or disclose your Personal Information after it has been collected in cases where we may wish to use or disclose the information for a purpose not previously identified or expressed in this Policy.

You may withdraw your consent to us using your Personal Information at any time by sending us an email to info@thenightbaker.com, subject to any legal and contractual obligations.

5.               PROTECTION AND RETENTION OF YOUR PERSONAL INFORMATION

The Night Baker uses reasonable technical, contractual, physical and administrative security steps to protect your Personal Information. Access to your Personal Information is used only in accordance with the principles set forth in this Policy and the relevant applicable laws.

The Night Baker may use third parties to perform services, such as web maintenance, improvements to the Website and our services, data and information, to protect data, and to optimize the experience for our users. These third parties may come into contact or have access to Personal Information in the course of providing such services, which may also include transferring such Personal Information to other jurisdictions and other countries. Such transfers are only made as necessary and for the purposes stated herein.

The Night Baker may also use third-party service providers to host and store data, its Website and other services pursuant to our agreement with such providers. We are advised by such service providers that they implement Security Sockets Layer (SSL) encryption technology to encrypt sensitive personal data, and that they apply what they consider adequate security measures for the protection of information on their systems. The Night Baker shall not be liable (to the fullest extent of the law) for any damages, loss, injury that may result from the misuse, loss or unauthorized access of any information, including Personal Information, by such companies and service providers.

No method of transmission or storage of data and information can ever be guaranteed 100% secure. If a User has reason to believe that the interaction with The Night Baker is no longer secure, please contact us immediately.

The Night Baker does not actively maintain and store information of former Users, however, we may retain non-personally identifiable information for the purposes of research and analytical purposes or for any necessary business or legal purposes, including fraud and abuse prevention. When we no longer require your Personal Information, The Night Baker shall destroy, erase or make anonymous any personal information that is no longer required to fulfil the identified purpose.

6.               PAYMENTS

The Night Baker uses a third-party service provide, Square www.squareup.com (the “Payment Processor”), to receive and process payments for purchases made on the Website. The processing of payments will be subject to the terms, conditions and policies of the Payment Processor in addition to The Night Baker’s Policy and Terms of Use. We are not responsible for any error, data loss, misuse or damages caused by the Payment Processor.

7.               COOKIES

The Night Baker uses cookies on its Website, which are used to provide us with certain information about you, including statistical information, Website personalization information. If you wish to adjust or disable cookies, you can do so by adjusting your internet browser’s settings. However, disabling cookies may prevent you from accessing part or all of our Website. Each internet browser is different, consult your browser’s “help” setting for more information.

8.               LINKS TO THIRD-PARTY WEBSITES

The Night Baker may make available links to other third-party websites. Upon clicking such link, you will be leaving our Website and be redirected to the third-party’s website. THE NIGHT BAKER’S POLICY ONLY APPLIES TO PERSONAL INFORMATION AND DATA THAT ARE COLLECTED ON ITS WEBSITE (www.thenightbaker.com). We are not responsible or liable for the privacy practices of any third-party websites to which the Website contains a link. You should review the privacy policy of such third-party websites before providing information to them.

9.               EMAIL COMMUNICATION

From time to time The Night Baker may send you unencrypted emails when communicating with you. Occasionally, The Night Baker may send you emails with information or data on events or articles we believe may be of interest to you based on your browsing habits of the Website. Where we send such unsolicited marketing emails, we provide you the option to unsubscribe at any time.

However, even where you have unsubscribed or opted out of receiving such marketing communications, The Night Baker may still send you email communications related to your orders, services, changes to policies and terms, important transaction information related to your order or subscriptions, renewal reminders and other such administrative messages. 

10.            ACQUISITION

Information and Personal Information collected by The Night Baker may be required to be disclosed to third parties in connection with any change in ownership or control of The Night Baker’s business, or any other reorganization, transfer, assignment or disposition of all or part of the business. If this occurs, The Night Baker shall only disclose information in accordance with this Policy and shall not disclose more information than is required by any transaction.

11.            CHANGES TO POLICY

This Policy is effective as at August 14, 2020. The Night Baker reserves the right to update and amend this Policy at any time at its discretion or where required by law or regulation. Changes shall be effective immediately and no notice need be provided to the Users of the Website. Please check this Policy page regularly for updates by checking the date of last update.

12.            CONTACT

Questions regarding this Policy should be directed to info@thenightbaker.com, or by written request to:

The Night Baker

825 College st

Toronto, ON

M6G 1C9

 

Should we fail to resolve your concerns to your satisfaction, you may contact the Privacy Commissioner of Canada at:

Office of the Privacy Commissioner of Canada 30

Victoria Street, 1st Floor

Gatineau, Quebec K1A 1H3 Canada

1-800-282-1376

Effective date: This Policy was last updated and is effective as of August 14, 2020