Terms of Service
Last Updated: July 1, 2020
Thank you for using Flocake!
1. INFORMATION WE COLLECT
There are two general categories of information we collect.
1.1 Information You Give to Us.
Information that is necessary for the use of the Flocake Platform. We ask for and collect the following personal information about you when you use the Flocake Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
When you sign up for an Flocake Account, we require certain information such as your name, email address, and phone number.
Profile and Order .
To use certain features of the Flocake Platform (such as place an order), we may ask you to provide additional information, which may include your shipping information, phone number, and a profile photo (optional).
Communications with Flocake and sellers.
When you communicate with Flocake or use the Flocake Platform to communicate with sellers, we collect information about your communication and any information you choose to provide.
1.2. Information We Automatically Collect from Your Use of the Flocake Platform.
When you use the Flocake Platform, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Flocake Platform.
When you use certain features of the Flocake Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. Flocake may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
We collect information about your interactions with the Flocake Platform such as the pages or content you view, your favourite goods, orders you have made, and other actions on the Flocake Platform.
Log Data and Device Information.
We automatically collect log data and device information when you access and use the Flocake Platform, even if you have not created an Flocake Account or logged in. That information includes, among other things: details about how you’ve used the Flocake Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Flocake Platform.
Cookies and Similar Technologies.
2. HOW WE USE INFORMATION WE COLLECT
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Flocake Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
2.1 Provide, Improve, and Develop the Flocake Platform.
Enable you to access and use the Flocake Platform.
Enable you to communicate with sellers.
Operate, protect, improve, and optimize the Flocake Platform and experience, such as by performing analytics and conducting research.
Provide customer service.
Send you service or support messages, updates, security alerts, and account notifications.
If you provide us with your contacts’ information, we may process this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection.
To operate, protect, improve, and optimize the Flocake Platform and experience, and personalize and customize your experience (such as making goods suggestions or ranking search results), we conduct profiling based on your interactions with the Flocake Platform, your search and orders history, your profile information and preferences, and other content you submit to the Flocake Platform.
We process this information given our legitimate interest in improving the Flocake Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.
2.2 Create and Maintain a Trusted and Safer Environment.
Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
Conduct security investigations and risk assessments.
Resolve any disputes with sellers and enforce our agreements with third parties.
We process this information given our legitimate interest in protecting the Flocake Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Flocake or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google).
Personalize, measure, and improve our advertising.
Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Flocake or its third party partners.
Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Flocake Platform, information obtained from third parties, and your search and orders history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings.
3. SHARING & DISCLOSURE
Flocake will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:
(i) conform to the edicts of the law or comply with legal process served on Flocake or the site; (ii) protect and defend the rights or property of Flocake; and, (iii) act under exigent circumstances to protect the personal safety of users of Flocake, or the public. Flocake collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Flocake does not sell, rent or lease its customer lists to third parties. Flocake may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Flocake, and they are required to maintain the confidentiality of your information.
4. OTHER IMPORTANT INFORMATION
4.1 Analyzing your Communications.
We may review, scan, or analyze your communications on the Flocake Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on Flocake's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
4.2 Google Maps.
5. YOUR RIGHTS
You may exercise any of the rights described in this section before your applicable Flocake by sending an email to [email protected] Please note that we may ask you to verify your identity before taking further action on your request.
5.1 Managing Your Information.
You may access and update some of your information through your Account settings. You are responsible for keeping your personal information up-to-date.
5.2 Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Flocake Account).
5.3 Data Access and Portability.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
5.4 Data Retention and Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Flocake Platform to you, you can request that we erase your personal information and close your Flocake Account. Please note that if you request the erasure of your personal information:
We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety.
Information you have shared (e.g., Reviews) may continue to be publicly visible on the Flocake Platform, even after your Flocake Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
Because we maintain the Flocake Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
5.5 Withdrawing Consent and Restriction of Processing.
Where you have provided your consent to the processing of your personal information by Flocake you may withdraw your consent at any time by changing your Account settings or by sending a communication to Flocake specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 5.6 and pending the verification whether the legitimate grounds of Flocake override your own.
5.6 Objection to Processing.
In some jurisdictions, applicable law may entitle you to require Flocake not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Flocake will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask Flocake to cease processing your data for these direct marketing purposes by sending an e-mail to [email protected]
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Flocake Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Flocake Account, please contact us by email: [email protected]
8. CONTACT US