Privacy Policy

This Privacy Policy describes how Kodiak Cakes, LLC (“Kodiak Cakes,” “we,” “us,” or “our”) collects, uses, discloses, and otherwise process information about you. This Privacy Policy applies to information we collect when you access or use our websites and other online products and services (collectively, our “Services”) and when you otherwise interact with us, such as through our customer support channels, on social media, or at in-person events. We may provide different or additional notices of our privacy practices for certain offerings, and such notices will supplement or replace the disclosures in this Privacy Policy.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to the Services or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

The information we collect about you depends on how you interact with us. In this section, we describe the categories of information we collect and the sources of this information.

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information directly from you when you create an account, make a purchase, submit or post content through our Services (including product reviews), communicate with us via third-party platforms, participate in a contest or promotion, sign up for rewards or marketing communications from us, request customer support, or otherwise communicate with us. The types of information that we collect directly from you include your name, email address, postal address, phone number, and any other information you choose to provide. If you make a purchase from us, we work with a third-party payment processor to process your payment information.

Information We Collect Automatically

We automatically collect information about your interactions with us or our Services, including:

• Transactional Information: When you make, exchange, or return a purchase, we collect information about the transaction, such as product details, purchase price, and the date of the transaction.

• Device, Usage, and Activity Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Services, such as the route by which you access our Services, access dates and times, browsing behavior (such as pages viewed and links clicked), and information about your activity on specific pages (such as mouse movements, keystrokes, and items placed in your cart).

• Audio Recordings: If you contact customer service by phone, we may monitor and retain those conversations, including for training purposes.

• Information Collected by Cookies and Similar Tracking Technologies: We use tracking technologies, such as cookies, pixels, and session replay, to collect information about your interactions with the Services and our marketing communications. These technologies help us improve our Services and marketing communications, personalize your experience, and analyze your interactions with us, including to see which areas of our Services are popular and count visits. For more information about the cookies and similar tracking technologies we use, and the choices available to you, see the Targeted Advertising and Analytics and the Your Choices  sections below.

Information We Collect from Other Sources

We obtain information from other sources. For example, we may collect information from our retail partners, such as your name and address. We may also receive information in connection with reviews of Kodiak Cakes’ products that you post on third-party sites and services

Information We Derive

We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your approximate location based on your IP address or infer that you are looking to purchase certain products based on your browsing behavior and past purchases.

We use the information we collect to process and fulfill your orders and market our products to you.

We also use the information we collect to:

• Provide, maintain, and improve our products and Services;

• Develop new products and services;

• Personalize your experience with us;

• Send you technical notices, security alerts, support messages, and other transactional or relationship messages;

• Send you marketing communications, including if you choose to sign up for early-access and other promotions we offer or if you choose to sign up for marketing text messages from us (see the Your Choices section below for information about how to opt out of these communications at any time);

• Monitor and analyze trends, usage, and activities in connection with our Services and products;

• Target advertisements to you on third-party platforms and websites (for more information and to opt out, see the Targeted Advertising and Analytics section below);

• Facilitate contests and promotions and process and deliver entries and rewards;

• Detect, investigate, respond to, prosecute, and help protect against security incidents and other malicious, deceptive, fraudulent, or illegal activity, and help protect the rights and property of Kodiak Cakes and others; and

• Comply with our legal and financial obligations.

We engage others to provide analytics services, serve advertisements, and perform related services across the web and in mobile applications. To do this, Kodiak Cakes and these partners may use cookies, pixels, SDKs, and other technologies to collect information about your use of our Services and other websites and mobile apps, including your device identifiers, IP address, web browser and mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, order information, items added to cart, and conversion information. This information is used to deliver advertising targeted to you on other companies’ sites or mobile apps, understand the effectiveness of this advertising, analyze and track data, determine the popularity of certain content, and better understand your activity. You can opt out of ad targeting through cookies and similar technologies on our website by following the prompts behind the Your Privacy Choices link in the site footer. Your opt-out choice will be linked to your browser only; therefore, you will need to renew your opt-out choice if you visit our website from a new device or browser, or if you clear your browser’s cookies.

In addition to ad targeting activities that rely on cookies and similar technologies, we work with advertising partners to translate other identifiers, such as your email address or phone number, into a unique identifier (called a hashed value) that such partners can then use to show ads that promote Kodiak Cakes across the web and in mobile apps. You may opt out of these disclosures by emailing us at moc.sekackaidok@ycavirp.

The activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain privacy laws. See the Additional Information for Specific Jurisdictions s­ection below for details.

You can also learn more about interest-based ads, or opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance, by visiting www.aboutads.info/choices. Your device may also include a feature that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.

We disclose personal information as described in the Targeted Advertising and Analytics section above and in the following scenarios:

• Vendors and Service Providers. We make personal information available to our vendors, service providers, contractors and consultants who perform services on our behalf, such as companies that assist us with web hosting, shipping and delivery, payment processing, financing, fraud prevention, customer service, analytics, and marketing.

• Other Users. If you provide a product review or otherwise post content on our Services, other users of our Services will be able to see this information.

• Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We disclose personal information in response to a request for information if we believe that disclosure is in accordance with, or required by, any applicable law, regulation, or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.

• To Protect the Rights of Kodiak Cakes and Others. We may disclose personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Kodiak Cakes, our users, the public, or others.

• Professional Advisors. We disclose personal information to our legal, financial, insurance, and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.

• Corporate Transactions. We disclose personal information in connection with, or during negotiations of, certain corporate transactions, including a merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.

• Corporate Affiliates. Personal information is disclosed between and among Kodiak Cakes and our parents, affiliates, subsidiaries, and other companies under common control and ownership.

• With Your Consent and at Your Direction. We make personal information available to third parties when we have your consent, or you intentionally direct us to do so.

We may also disclose aggregated or de-identified information that cannot reasonably be used to identify you. We maintain and use this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.

Account Information

You can access certain information stored within your Kodiak Cakes account at any time by logging in and navigating to the account details menu.

Cookies and Similar Tracking Technologies

Kodiak Cakes uses cookies and similar tracking technologies, as described above. You can usually adjust your browser settings to remove or reject browser cookies.

Communications Preferences

You may opt out of receiving text messages and promotional emails from Kodiak Cakes by following the instructions in those communications. If you opt out, we may still send you non-promotional emails, such as those about your account or orders.

Individuals Residing in Certain U.S. States

Some U.S. states have enacted privacy laws that grant their residents certain rights and require specific disclosures (“State Privacy Laws”). If you reside in California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, or Virginia, and to the extent these laws apply to Kodiak Cakes, this section applies to you. This section also serves as our California notice at collection.

Additional Disclosures

Our Privacy Policy explains how we collect, use, and discloseinformation about you, as well as our targeted advertising and analytics practices. As required by certain State Privacy Laws, we use the tables below to explain this same information.

We do not collect information that is considered “sensitive” under State Privacy Laws.

As described in the Collection of Informationsection above, we collect personal information from various sources, including directly from you, automatically when you access or use our Services, and from third-party sources.

We store personal information for as long as necessary to carry out the purposes for which we originally collected it and for other business purposes explained in this Privacy Policy.

Sales, Sharing, and Targeted Advertising Activities

We also disclose certain categories of personal information to show you targeted ads on third-party properties and allow certain third parties to use this information for their own marketing purposes. These disclosures may be considered “sales,” “sharing,” or use of personal information for “targeted advertising” under State Privacy Laws, and the table below provides more information about our practices.

We do not engage in sales, sharing, or targeted advertising using personal information about consumers we know to be under the age of 18.

Your Rights under State Privacy Laws

Opt Out of Sales, Sharing, and Targeted Advertising

You may opt out of activities that we engage in that constitute “targeted advertising,” “sharing,” or “sales” of personal information under the State Privacy Laws by:

• Following the prompts behind the Your Privacy Choices link in the footer of our website. Your opt-out choice will be linked to your browser only; therefore, you will need to renew your opt-out choice if you visit our website from a new device or browser, or if you clear your browser’s cookies; and
• Emailing us at moc.sekackaidok@ycavirp to turn off “targeted advertising,” “sharing,” and “sales” based on your email address.

You can also opt out by visiting our websites with a legally recognized universal opt-out signal enabled, such as the Global Privacy Control. If you are not logged into your account with us, our processing of the signal will be limited to cookie-based sales, sharing, and targeted advertising for the specific browser or device that you are using.

Access, Correction, and Deletion

You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information.

To request access, correction, or deletion of your personal information, please send an email to privacy@kodiakcakes.com, or write us at: 8163 Gorgoza Pines Road, Park City, UT 84098. To authenticate your request, we will verify your request by asking you to provide certain information, such as your name, email address, mailing address, and phone number.

Nondiscrimination

You have the right not to be discriminated against for exercising any of your privacy rights.

Appeals

If we deny your request, you may appeal our decision by contacting us at privacy@kodiakcakes.com. If you have concerns about the result of an appeal, you may contact the attorney general in the state where you reside.

Authorized Agents

If you are an authorized agent seeking to make a request to opt out of sales, sharing, or targeted advertising on behalf of a consumer, please email us at privacy@kodiakcakes.com.

If you reside in California, you may also designate an authorized agent to submit an access, deletion, or correction request on your behalf. We may ask authorized agents to submit proof of their authority to make a request, such as a valid power of attorney or proof that they have signed permission from the consumer who is the subject of the request. In some cases, we may contact the individual who is the subject of the request to verify their own identity or confirm the authorized agent has permission to submit the request. If you are an authorized agent seeking to make an access, correction, or deletion request on behalf of a California resident, please contact us at privacy@kodiakcakes.com.

Notice of Financial Incentives

We provide discounts, rewards, coupons, exclusive offers and other benefits to customers who join participate in certain promotional or marketing campaigns we offer. These offerings may constitute “financial incentives” or “bona fide loyalty programs” under State Privacy Laws (for simplicity, we refer to these offerings as financial incentives throughout this Privacy Policy).

If you decide to participate in a financial incentive, we collect relevant personal information from you, such as identifiers (like your name, email address, or phone number) and commercial information (like your purchase history). We disclose this information to our marketing and advertising vendors so we can display ads that are targeted to your interests and preferences. We also may disclose your commercial information to our program partners and other merchants.

You can opt into a financial incentive by following the instructions we provide. You can withdraw from the financial incentive at any time by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or text messages, or contacting us at privacy@kodiakcakes.com. If you request that we delete personal information that is essential to providing you with the financial incentive, we will not be able to provide you with such benefits going forward. For example, if you ask us to delete your email address, we will no longer be able to email you discounts, coupons, or other exclusive offers or benefits. In some cases, we may provide additional terms and conditions when you sign up to participate in a financial incentive. The value of your personal information is reasonably related to the value of the offer or discount presented to you.

If you have questions about this Privacy Policy, please contact us at privacy@kodiakcakes.com.