Cookies & Privacy

The small print stuff

Here at Intercake we care about your privacy and we respect your privacy rights.

By using the Website, including to place an Order for a Topper, you permit the collection and use of your personal information as outlined below and you signify your agreement to this Privacy Policy (last updated on 29th October 2021).

Please read the following information carefully to understand our views and practices regarding your personal data and how we will treat it. If you do not agree with this Privacy Policy, you should not use the Website, nor should you use it to order a Topper.

About our privacy policy
How we collect information on the Intercake site
Uses made of the information
Disclosure of your information to other people
Personal data you provide to us
Security and control of your personal data
Links to third party websites
Retention of data
IP addresses and cookies
Access to information and updating, verifying and deleting personal data
Changes to our privacy policy
User feedback and complaints

1. About our privacy policy

1.1 Our website www.intercake.com, including all the webpages containing that address, (the "Website") is operated by Intercake.
1.2 Words such as "us", "we", "our" and "Intercake" refer to PCH Technologies, a company registered and established in Ireland. Our company registration number is 380877 and our registered office is at Unit 1D, Renmore Business Park, Kilcoole, Co. Wicklow, Ireland. Our registered VAT number is 6400877E. Words such as "you" and "your" mean you, our customer, using our Website.
1.3 Where we use terms in this Privacy Policy which are defined in our Conditions, then they have the same meaning.
1.4 This Privacy Policy, together with our Conditions, and any other documents referred to in these documents, sets out the personal data that we will collect about you and basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
1.5 You understand that this Privacy Policy deals with your relationship with Intercake. Any payments made on our Website are processed directly by our third-party payments processor Stripe. When purchasing a Topper through our Website, you understand that such payments are subject to Stripe’s terms and conditions which you agree to be bound by. You should review any terms and conditions that apply to your relationship with Stripe to determine what use Stripe may make of your data, or what additional terms and conditions apply to that use that is additional to the use that is envisaged by this Privacy Policy. You expressly understand and agree we shall not be liable for any issue regarding payment transactions or the processing of personal data between you and Stripe.

2. How we collect information on the Intercake site

2.1 When contracting for a Topper you will be asked to provide information to us as part of your Order. We will inform you at the time of collecting information from you whether you must provide the information to enter into a contract for a Topper or whether the provision of information requested by us is optional..
2.2 We may collect and process the following data about you:
- 2.2.1 if you contact us, we may keep a record of that correspondence;;
- 2.2.2 information that you submit when you apply for a Topper, which may include but is not limited to your name, email address, payment details, delivery address and telephone number;
- 2.2.3 other information that you submit when you use the Website;
- 2.2.4 details of payment transactions you carry out through the Website, including your credit card information if you submit it via the Website; and
- 2.2.5 details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.

3. Uses made of the information

3.1 We will obtain your personal data fairly. What this means is that at the time of collection, will make you aware of how your personal data will be used and we will only capture data we need for the purposes that you know about. We use information held about you in the following ways:
- 3.1.1 to ensure that content from Intercake is presented in the most effective manner for you and for your computer;
- 3.1.2 to provide you with information, products or services that you request from us using the Website;
- 3.1.3 to process your Order and to process your purchase of a Topper;
- 3.1.4 where you have agreed by ticking the box on the Order, or where you have requested that we do so, we will provide you with information regarding our other products or services which we feel may interest you. We may use your email address for this purpose and to send you updates or news regarding Intercake and our services; you may choose not to receive emails of this type by using the unsubscribe link which will be provided in the emails;
- 3.1.5 to carry out our obligations arising from any contracts entered into between you and us, including any related to a Topper, and for the purposes of resolving any complaints or disputes with you or to enforce the Conditions;
- 3.1.6 to carry out our legal, regulatory and accounting obligations;
- 3.1.7 to allow you to access the Website and to participate in interactive features of the Website, when you choose to do so;
- 3.1.8 we may also keep a back-up of your personal data in case we need to restore it, trouble shoot problems or for any other uses listed in this clause 3.1; and
- 3.1.9 to notify you about information regarding a Contract with you, regarding a Topper that you have ordered, or to deal with your account on the Website.
3.2 Except as set out in this Privacy Policy and the Conditions, we do not sell, rent, share, trade or give away any of your personal information.

4. DISCLOSURE OF YOUR INFORMATION TO OTHER PEOPLE

4.1 We do not disclose to any third party personal information that you provide to us unless we have your permission (including as given in this Privacy Policy) to do so or we believe the law permits or requires it.
4.2 If you provide personal information to us you understand and agree that we may disclose your personal information to the following third parties:
- 4.2.1 one or more delivery or transport service providers, to manage the processing and delivery of your Topper;
- 4.2.2 any member of our group of companies, which means our subsidiaries, our ultimate holding company and its subsidiaries;
- 4.2.3 our professional advisors;
- 4.2.4 to the prospective seller or buyer of any business or assets related to the Website or all or part of Intercake; and
- 4.2.5 to a third party if we are under a duty to disclose or share your personal data with that third party in order to comply with any legal obligation, or in order to enforce or apply our Conditions and other agreements, or to protect the rights, property, or safety of our group of companies, Intercake, or others. This includes exchanging information with third parties for the purposes of fraud protection and credit risk reduction.
4.3 We will notify you when information about you may be provided to third parties in ways other than explained above, and you will have the option to prevent such information sharing at the time that we notify you.
4.4 We do not disclose personal information about you to third parties (including advertisers or marketing companies) unless you have consented to that disclosure, but we may provide them with aggregate anonymised information about users of the Website or customers of Toppers.
4.5 It may be necessary to transfer your personal information to other group companies or service providers located in countries outside of the European Economic Area (EEA) or to the United Kingdom. This may happen where our servers or suppliers and service providers are based outside of the EEA or in the United Kingdom or where you use our services and products while visiting countries outside of the EEA. The data protection and other laws of these countries may not be as comprehensive as those in Ireland or the EU but in these instances we will take steps to ensure that your privacy rights are respected. You agree that we may transfer your personal data on that basis.

5. PERSONAL DATA YOU PROVIDE TO US

5.1 You represent and warrant that you have obtained all necessary rights and consents under all applicable laws, including (but not limited to) the Data Protection Acts 1988 and 2003 (as amended) ("DPA”), and where applicable all necessary rights and consents from any data subject to disclose to us and to allow us to process any personal data that you provide to us for the purposes of completing your Order and performing our obligations to you, including (but not limited to) images or names of any people in any Image. You acknowledge and agree that at all times you are the data controller and we are the data processor in relation to such personal data received from you.
5.2 Children’s privacy is important to us. A child is anyone under the age of 18 for the purposes of this Policy. If any personal data provided by you to us contains personal data of persons under 18, you represent and warrant that you have obtained the advance verifiable parental/guardian consent for that data subject in order to provide that personal data to us for the purposes of processing your Order. You further represent and warrant that you have provided the parent/guardian of such data subject with our Privacy Policy and Conditions when obtaining their consent.
5.3 You represent and warrant that you will comply with all applicable laws, including but not limited to the DPA, regarding all personal data you provide to us for the purposes of processing your Order and supplying your Topper.
5.4 To the extent that we are the data processor of any personal data that you provide to us, we will process such personal data in accordance with this Privacy Policy and the lawful instructions reasonably given by you to us in writing from time to time, and we will take appropriate technical and organisational measures to protect such personal data against unauthorised or unlawful processing and against accidental loss or destruction of, or damage to such personal data. We will not be liable for any claim brought by a data subject arising from any action or omission by us, to the extent that such action or omission resulted from your instructions or your failure to comply with our Privacy Policy and Conditions.
5.5 In this section, "data controller", "data processor", "data subject", “process” and “personal data” have the meanings given to them in the DPA.

6. SECURITY AND CONTROL OF YOUR PERSONAL DATA

6.1 We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
6.2 If we allow you to open an account and you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable, suspend or restrict any user identification name or salt, whether chosen by you or allocated by us, at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of the Conditions.
6.3 Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted via the Website; any transmission is at your own risk. Once we have received your information, we will use procedures and security features on the Website to try to prevent unauthorised access. You acknowledge that we are not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorised manner.
6.4 You should be aware that when you voluntarily disclose personally identifiable information and agree to make that information public on the Website (e.g. by posting a response to one of our blog posts or on our social media channels), that information, along with any substantive information disclosed in your communication, can be collected, correlated and used by third parties. These third parties or other the Website users may use your information to send you unsolicited messages. Such activities are beyond our control. Please do not post any personal information on the Website or in other areas that you wish to keep private.

7. LINKS TO THIRD PARTY WEBSITES

7.1 Intercake may, from time to time, contain links to and from the websites of third party websites to which we have no affiliation. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or for the activities on those websites.

8. RETENTION OF DATA

8.1 Your personal data will be kept for no longer than is necessary for the purpose of which it was obtained. Unless retention is required by applicable law, images and other customer data are usually retained on our customer systems for 60 days from when we receive your order; whether or not they are personal data. We also keep a back-up of your image and other customer data in case we need to restore them, troubleshoot problems and for the reasons listed in clause 3.1.
8.2 For marketing communications, when we have your consent, we will keep your personal data for 12 months from your last marketing communication or until you opt out or marketing communications, whichever is the earlier date. If you do opt out of receipt of marketing from us we may still retain some of your details necessary to observe your preference not to receive marketing from us.

9. IP ADDRESSES AND COOKIES

9.1 We may collect information about your computer, including (where available) your IP address, alphanumeric IDs, operating system, browser type, information regarding the volume and status of data transmission, click-through statistics, the name of the domain and host from which you access the internet and the date and time you access portions of the Website, for system administration and statistical purposes. This is statistical data about our users' browsing actions and patterns, and we do not use them to identify any individual, except if required by applicable laws.

9.2 We use the following cookies:

First Party Cookies
Provider	Purpose	Expiry
Intercake-cookie-info	Used to record if the cookie message has been closed.	200 days
Intercake-country-info	Used to store the country the device is being used in to default the delivery address for future visits	365 days

Third Party Cookies
Provider	Name	Purpose	Expiry
Google	_ga	Used to distinguish users	2 yrs
Google	__utma	Used to distinguish users and sessions	2 yrs
Google	__utmz	Stores the traffic source or campaign that explains how the user reached the website.	6 months
Stripe	accounts	A list of Stripe accounts the user has access to	2 yrs
Stripe	cid	A random value set to track user metrics.	20 yrs
Stripe	country	The country you're currently viewing the site for	5 yrs
Stripe	logged_in	whether or not you're currently logged in	7 days
Stripe	machine_identifier	A random string used to identify your machine	20 yrs
Stripe	mp_[RANDOM_STRING}_mixpanel	A random identifier and some analytics information.
Stripe	session	A unique session identifier if you're logged into the Stripe dashboard	7 days
Stripe	stripe.csrf	A random token to prevent cross site request forgery	End of browser sessions
Stripe	stripe_orig_pros	Tracking of the referrer the user entered the site with	1 yr

9.3 For the reasons set out in clause 9.2 and this clause 9.3, we may obtain information about your general internet usage by using a cookie file (which may include a flash cookie file) which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. Unless you have opted out and refused cookies, on revisiting the Website our computer server will recognise the cookies, giving us information about your last visit. Cookies help us to improve the Website and to deliver a better and more personalised service. They enable us.
- 9.3.1 to estimate our Website's visitor size and usage pattern;
- 9.3.2 to store information about your preferences, and so allow us to customise the Website according to user or visitor preferences; and;
- 9.3.3 to speed up your use of the Website and enquiries made of the Website;
9.4 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access or use certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Website. For information on how to control your cookies go to www.allaboutcookies.org

10. ACCESS TO INFORMATION AND UPDATING, VERIFYING AND DELETING PERSONAL DATA

10.1 You agree to keep Intercake informed of any changes to your personal data provided to us, particularly if we need to know about the change in order to perform the Contract.
10.2 At any time, you can make a written request to have access to all the personal data that we hold about you. We will provide this data free of charge to you, however we may request a small administrative charge when a request is manifestly unfounded, excessive or repetitive. We may take reasonable steps to confirm your identity before issuing any copy personal data to you.
10.3 You can modify, update or delete your inaccurate personal data at any time by or by contacting us at info@bigdaycakes.com.

11. CHANGES TO OUR PRIVACY POLICY

11.1 Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. You should visit this page each time that you use the Website to review any changes to the Privacy Policy.

12. USER FEEDBACK AND COMPLAINTS

12.1 Comments and requests regarding this Privacy Policy are welcomed and should be addressed to info@bigdaycakes.com or by post to Intercake, Unit 1D, Renmore Business Park, Kilcoole, Co. Wicklow, Ireland.