Privacy Policy

This privacy policy declaration applies to the following parties:

  • CakeMail Inc., proprietor and administrator of the service CakeMail as defined on the web site cakemail.com. The company CakeMail Inc., operating under the web address cakemail.com is referred to as CakeMail in this declaration;
  • Registered users of the service CakeMail possessing a member list. These CakeMail users are referred to as CLIENTS in this declaration;
  • Members of the mailing list, recipients of the permission-based marketing e-mails by an intermediary of the CakeMail service. These mailing lists are generated by the clients of CakeMail and administered by CakeMail. The members of these mailing lists are referred to as SUBSCRIBERS.
  • Internet users seeking information from web sites administered by CakeMail. The users of these sites are referred to as USERS.

Personal information

CakeMail will not divulge any user’s personal information. The user can, without obligation, gather essential information regarding the CakeMail service on the web site cakemail.com provided that the user or the client does not reproduce the content for personal or commercial purposes.

If the user wishes to download electronic documents from the site, contact customer service, subscribe to a mailing list or become a client of the CakeMail service, CakeMail reserves the right to gather personal information about the user with the objective of verifying, where applicable, the identity or registration, including last and first name, physical address, phone number, e-mail address and payment details for the purpose of opening a CakeMail account. All personal data will be used exclusively for administrative purposes so as to offer clients and users the required and requested service in good faith.

Data protection

CakeMail conforms to the rules governing the Personal Information Protection and Electronic Documents Act and Quebec’s Personal Information Protection Act.

All personal data provided during registration of the CakeMail service will be stored in a secure database and protected with SSL (Secure Socket Layers). This data, including member lists belonging to the clients of CakeMail, will be exclusively accessible by workstation intermediaries and protected by authentication. Access to this data is only accessible to CakeMail authorized personnel for maintenance and analysis purposes.

CakeMail will not divulge any personal information allowing a client or member to be publicly identified without their prior written consent so as to avoid any damage to their personal reputation or their companies or to the intermediaries that represent them.

CakeMail and its clients promise to never rent, sell or disclose their member lists with third parties without the prior consent of members except in the rare circumstance where Canadian or American law requires it in accordance with a court order.

Secured payment

CakeMail is permitted to use a third party in the purchasing process of the CakeMail service. This intermediary has the exclusive permission to store, on behalf of CakeMail, the data pertaining to the executed transactions by clients of the site www.CakeMail.com with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Cake’s clients and swift follow-up. This transactional data may be used for validation and registration purposes of clients of the CakeMail service.

Consent and identity

Members, clients and users may decline at any time to make personal information available on the web sites cakemail.com. However, CakeMail reserves the right to accept or decline the registration of a client to the CakeMail service if the personal data is found to be incomplete, fraudulent or furnished by a user who has not attained the age of majority (18 years for a resident of a Canadian province or 21 years for a resident of a state in the U.S.). Any data not conforming to the rules detailed above will be removed from the client database by CakeMail within 72 hours.

Similarly, permission-based marketing emails shall not be sent to users who are minors without the prior written consent of their parents or legal guardians. In the case of any doubt regarding the registration information provided by a prospective client, CakeMail reserves the right to require additional proof of identity and age. CakeMail reserves the right to cancel a CakeMail client’s membership without warning when regulations governing the usage policy described above are not met.

Corrections and unsubscribing

A client of the CakeMail service may communicate, through the contact section of the web site cakemail.com, with our customer service in regards to correcting or validating information submitted during registration.

Members of the client mailing lists of the CakeMail service are asked to communicate directly with the client in order to correct or validate any personal information regarding their registration to all permission-based marketing emails. If a member’s modification requests are not respected by a client of the CakeMail service, CakeMail reserves the right to impose sanctions on the client’s usage.

CakeMail requires all clients of the CakeMail service to include a clearly articulated option to unsubscribe from the mailing list in all permission-based marketing e-mails.

A subscriber may be able to unsubscribe at any time from a member list generated by a client of the CakeMail service. The subscriber may also unsubscribe at the same time from the member lists of any satellite subscriptions of a client of the CakeMail service by submitting a verbal or written request to the client. Should an unsubscribe request made by a member not be met by a client of the CakeMail service within a period of 72 hours, the subscriber may lodge a complaint directly with CakeMail through the contact section of the site cakemail.com. CakeMail reserves the right to impose sanctions or to suspend service to any and all CakeMail clients who do not conform to these requirements. A client may, at any time, cancel use of the CakeMail service following, where applicable, the payment of fees set out in the preauthorized agreement accepted by the client when registering for the service.

Any user invited to participate in a promotional activity organized by a CakeMail client (viral marketing of the “invite your friend to participate” type) retains the right to refuse the proposed promotional activity. All clients of CakeMail are held responsible by CakeMail for the proper functioning of all viral marketing tools thereby avoiding an interruption of service.

Authorized content

CakeMail cannot be used for fraudulent purposes, those of an explicit nature or any activity not respecting Canadian and American law. Clients may not use CakeMail for the following: promotion of a pornographic nature, the sale of pirated products or those that do not conform to Canadian and American law, the commercial, promotional or pornographic exploitation of minors, false advertising involving the extortion of a user, non-authorized publicity of an individual or business without official consent, or promotion of web sites involving pirating, terrorism or the posting of information considered illegal in Canada and the U.S.

Any clients of the CakeMail service not conforming to the aforementioned content rules will have their service blocked without warning. CakeMail reserves the right to pursue any CakeMail client not conforming to these rules so as to protect the integrity of the services offered to its subscribers, clients and users.

Hyperlinks

The web site cakemail.com, as well as all electronic communications emitted by the clients of CakeMail are permitted to contain hyperlinks to other sites either belonging to partners of CakeMail or not. These web sites, independent of CakeMail, do not automatically conform to all the points of the present privacy policy declaration. CakeMail is not responsible for the specific practices executed on these web sites and shall only be held responsible for the usage of the CakeMail service.

Usage of secondary information

Invisible GIFs and pixel tags are utilized in the permission-based marketing e-mails sent by the clients of CakeMail so as to permit CakeMail to assemble general information regarding the success of transmission. Once a recipient opens an HTML e-mail sent by a client of the intermediary services of CakeMail, the computer of the recipient grants access to the CakeMail servers to transmit these invisible GIFs. This tool that allows CakeMail to assemble the following information: e-mail addresses and the dates and times of the delivery and opening of messages. This data allows CakeMail to optimize the e-mail delivery and assure that the transmission rules of all permission-based marketing e-mails are being respected by the clients of the CakeMail service.

CakeMail reserves the right to gather IP addresses in its files for statistical purposes or to test the functionality of Cake’s e-mail servers.

Cookies are employed in the management execution of interfaces of the site cakemail.com. These cookies are used for the sole purpose of offering clients of CakeMail access to more personalized information on the products and services of the company. The user visiting the cakemail.com sites will always maintain anonymity.

Cookies are also employed as part of online advertising campaigns. Third party vendors, including Google, display CakeMail advertisements on sites on the internet. These third party vendors, including Google, use these cookies to serve ads based on a user’s prior visits to cakemail.com. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page

Notification of changes

CakeMail’s creation of new services on the web site cakemail.com or any other site registered under CakeMail, may contain some modifications to the present privacy policy declaration. In such a case, CakeMail will post a notice on the homepage of the web sites in question to inform present clients or anyone requesting information. An archive of the previous declaration will be available to users for verification purposes.

A similar process is in place regarding any updates of the CakeMail service. Any modifications in service taking place throughout the course of a client contract will be documented and explained so as to facilitate the understanding of all executed upgrades. This update notice will be available on the homepage of the web site cakemail.com.

The following person is responsible for assuring that all parties conform to the present privacy policy declaration whether it be CakeMail staff or clients of the CakeMail service and their subscribers. Any person wishing to comment or lodge a complaint of non-conformity of the declaration at hand is asked to communicate with:

Mr. François Lane
CakeMail Inc.
4020 Saint-Ambroise, #301
Montréal, QC, H4C 2C7, Canada
Complaints or concerns: privacy@cakemail.com