Privacy Policy

Welcome to the website (the “Site”) of Homebaked LLC (“Homebaked Nearby”, “we”, “us”, or “our”). Homebaked Nearby provides an online marketplace in which Sellers (defined below) can list, offer, sell and deliver cottage food products permitted under cottage food laws to the general public, and customers can browse and purchase Baked Goods (collectively, including the Site and any related mobile applications, the “Service”). This Privacy Policy explains what information we collect, how we use and share that data, and your choices concerning our data practices.

Before using the Service or submitting any information to Homebaked Nearby, please review this Privacy Policy carefully and contact us at support@homebakednearby.com if you have any questions. By using the Service, you agree to our Terms of Service and the practices described in this Privacy Policy. If you do not agree to this Privacy Policy and our Terms of Service, please do not access the Site or otherwise use the Service.

INFORMATION WE COLLECT

We collect information as follows:

Information You Provide: We collect information that you provide to Homebaked Nearby when (i) filling out or updating required and optional profile information when signing up for and using the Service, (ii) contacting us by email, (iii) filling out a contact form on the Service; (iv) making a purchase; or (v) participating in a promotion. The information collected during these interactions may vary based on what you choose to share with us, but it will generally include name, e-mail address, telephone number, account credentials, delivery addresses, other profile data (such as your preferences or favorites if applicable), the content of any message you send to us or reviews and feedback you submit about Sellers’ Baked Goods that may be publicly posted on the Service at Homebaked Nearby’s discretion, and the financial information necessary to ensure payments can be processed by our payment processor Stripe, Inc. (“Stripe”). We will not store or collect your payment card details. That information is provided directly to the third-party processor, Stripe, whose use of your personal information is governed by their Privacy Policy (https://stripe.com/us/privacy). We may collect the content within any messages exchanged between users and Sellers through the Service (such as if you use a chat functionality if provided). We may also collect data about your personal contacts, including the first and last name, email address, and phone number of your personal contacts. We may collect data about your contacts with your consent and in order to fulfill a request by you, such as inviting your contacts to join the Service. Such functionality is only intended for U.S. residents. By using this functionality, you acknowledge and agree that both you and your contacts are based in the U.S. and that you have your contacts’ consent for us to use their contact information to fulfill your request.

Information We May Collect Through Our Social Media Pages and Chatbots: We may have pages on social media sites like Instagram, Twitter, LinkedIn, Pinterest, and Facebook (“Social Media Pages”). When you interact with our Social Media Pages, we may collect the information that you provide to us, such as your contact details. Also, if you publicly reference our Service on social media (e.g., by using a hashtag associated with Homebaked Nearby in a tweet or post), we may use your reference on or in connection with our Service. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.

Information We Collect When You Log-in Through Social Media: We may embed a pixel or SDK on our Service that allows you to log-in to your Homebaked Nearby account through social media. If you choose to engage with such integration, we may receive information from the social media platform that you have authorized to share with us. Please note that the social media platform may independently collect information about you through the integration.

Information We Receive Automatically From Your Use of the Service: When you visit, use and interact with the Service, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) you visit, which links you click, what text you enter, how your mouse moves around the Service, the domains you come from (e.g., google.com, facebook.com, etc.), and which browsers you use to access the Service (e.g., Google Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information (such as location derived from an IP address or data that indicates a city or postal code level) and precise location data (such as latitude/longitude data when you enter you address for a Baked Good delivery), and navigation patterns. In particular, the following information is created and automatically logged in our systems:

• Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site. • Device information: Includes name of the device, operating system, internet service provider, your device’s regional and language settings, device identifiers (e.g., IP address), and browser you are using. Information collected may depend on the type of device you use and its settings. • Usage Information: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take (including the Baked Goods you view and purchase), the emails you view, and the time, frequency and duration of your activities.

Information We Receive from Other Sources: We may collect information from (i) data brokers, from which we purchase data to supplement the data we collect; (ii) partners, who offer co-branded services, sell or distribute our products and services, or engage in joint marketing activities; and (iii) publicly-available sources, including data in the public domain.

Information We Collect if You use the Service as a Seller: If you sign up to be a Seller on the Service, we collect information about you such as your first and last name, email address, telephone number, postal address, health code enforcement agency permit number (where applicable), food handler or food manager certifications (where applicable), account credentials, financial information, and other information collected by our service provider(s) who assist with providing the Service for Sellers. We use this information to create and administer your Homebaked Nearby account and facilitate communications between you and individuals who purchase Baked Goods from you through the Service.

Cookies or Browser Cookies: We may use cookies and similar tracking technologies to operate and administer our Service and store certain information. Tracking Technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. The technologies we may use include cookies. A “cookie” is a piece of information sent to your browser. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). We may use both Session and Persistent Cookies to help authenticate users, prevent fraudulent use of user accounts, users navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating analytics and online advertising. Web beacons: Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs and pixel tags) to be used to demonstrate that a webpage or email address was accessed or opened, and or that certain content was viewed or clicked.

Analytics: We may use third-party Service providers to monitor and analyze the use of our Service. They may include, but are not limited to: Google Analytics: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: (https://policies.google.com/privacy). For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: (https://policies.google.com/privacy).

Online Tracking and Do Not Track Signals: We and our analytics and advertising providers, including Facebook, may use cookies, pixels or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site and use that information to send targeted advertisements. For example, we may place ads through Google and Facebook that you may view on their platforms as well as on other websites and services.

We also may use audience matching services (which is a type of targeted advertising) to reach people (or people similar to people) who have visited our Service or are identified in one or more of our databases (“Matched Ads”). This is done by us providing a list of hashed email addresses to an ad partner or incorporating a pixel from an ad partner into our own Service, and the ad partner matching common factors between our data and their data. The parties we work with to provide you with targeted advertising may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

Our Site may not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. For more information on DNT, visit http://www.allaboutdnt.com.

HOW WE USE INFORMATION

We collect and use information for business and commercial purposes in accordance with the practices described in this Privacy Policy. We use the information we collect for the following business purposes:

• To provide the Service, including the online marketplace in which Sellers can sell cottage food products to customers (each, a “Baked Good”) permitted under cottage food laws and customers can rate and provide feedback on those Baked Goods; • To respond to your inquiries, comments, feedback or questions; • To facilitate your orders on the Service; • To send administrative information to you, for example, information regarding the Service, requests for feedback, and changes to our terms, conditions, and policies; • To analyze how you interact with our Service; • To maintain and improve the content and functionality of the Service and other Homebaked Nearby websites, apps, marketing efforts, products, and services; • To develop new products and services; • To prevent fraud, criminal activity, or misuses of our Service, breach of our policies and terms, and to ensure the security of our IT systems, architecture and networks; • To conduct promotions, including verifying your eligibility and if applicable, delivering prizes in connection with your entries. • To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties; • To fulfil any other purpose at your direction; and • With notice to you and your consent.

Aggregated or De-Identified Information: We may aggregate or de-identify information in a form that does not identify you and use such aggregated or de-identified information for any purpose except as prohibited by law.

Marketing: We may use your information to contact you to tell you about products or services we believe may be of interest to you. You may opt out of receiving promotional emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails and/or text messages (if applicable) you receive by updating your settings through your account. You can opt-out of receiving text messages or calls to your phone number at any time by (i) for text messages, texting “STOP” in response to any text message you receive from us; and (ii) for calls, requesting opt-out during any call you receive from us. In addition, if at any time you do not wish to receive future marketing communications via your email address or telephone number, you may contact us at support@homebakednearby.com. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we may still contact you regarding management of your account, other administrative matters, and to respond to your requests.

SHARING AND DISCLOSURE OF INFORMATION

We share your information that we collect in accordance with the practices described in this Privacy Policy. The categories of parties with whom we share information is set forth below:

• Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we share information with service providers, including providers of hosting services, cloud services and other information technology services providers, email communication software and email newsletter services, payment processors, customer relationship management and customer support services, and web analytics services (for more details on the parties that place cookies through the Site, please see the “Cookies” and “Analytics” sections above). Pursuant to our instructions, these parties will access, process or store information in the course of performing their duties to us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. • Sellers: We share information with sellers on the Service (each , a “Seller”) in order to facilitate your orders, provide Sellers your feedback and ratings on their Baked Goods, respond to your questions, market and advertise to you, and otherwise comply with the law.

• Vendors and Other Parties: We share information with vendors and other parties for analytics, advertising, delivery and marketing related services. These parties may act as our service providers, or in certain contexts, independently decide how to process your information. • Other Users of the Homebaked Nearby Website: In certain jurisdictions where Customers request the delivery or pickup of Baked Goods, we may share information with other users of the Service who need access to your information or the delivery information you provided (such as a home address, telephone number, specific instructions, and names) in order to complete an order. If you receive another user’s information, you agree to use it only for the purpose in which it was provided (i.e. to complete the transaction). • Partners: We may share information with any partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing activities. • Promotions: Our promotions may be jointly sponsored or offered by other parties. When you voluntarily enter a promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials. • Profile and Feedback: We share information you make public through the Service, such as information in your profile (e.g., your profile picture) or your reviews of the Sellers and Baked Goods on the Service. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information, subject to additional rights set out in this Privacy Policy. • Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, information will be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets. • Security, Safety and Legal Requirements: We share information we collect if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the rights, property, life, health, security, and personal safety of us, the Service, users of the Service, anyone else, or the public, or (v) protect against legal liability. We review all government demands to ensure they are legally valid and appropriate. If we receive a demand for your information, to the extent permitted by law we will direct the requesting party to seek the data directly from you. If legally required or compelled to disclose or give access to your information, we will promptly notify you and provide a copy of the demand unless legally prohibited from doing so. • Affiliates: We may share information with our affiliates, meaning an entity that controls, is controlled by, or is under common control with Homebaked Nearby. Our affiliates may use the information we share in a manner consistent with this Privacy Policy, including where they act as our service providers or for their own internal purposes. • Facilitating Requests: We share information as requested by you or at your direction. • Consent: We share information with notice to you and your consent.

Notwithstanding the above, we may share information that does not identify you (including information that has been aggregated or de-identified) except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the “Your Rights and Choices” section below.

YOUR RIGHTS AND CHOICES

On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.

Advertising networks may collect information through the use of cookies. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative's online resources at https://www.networkadvertising.org and follow the opt-out instructions there. For opt-out instructions for companies that participate in the Digital Advertising Alliance, please visit: (i) for website targeted ads, https://www.aboutads.info/choices; and (ii) for app targeted ads, https://www.aboutads.info/appchoices. Opting out only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., in connection with the participants’ other customers or from other technology services).

To opt out of us sharing your data with a third party as part of a customer list for Matched Ads, please contact us as set forth in the “Contact Us” section below and specify that you wish to opt out of Matched Ads. We will remove your data from any subsequent lists shared with third parties for Matched Ads. Alternatively, you may directly contact the applicable party to opt out. You may also limit our use of information collected from or about your mobile device for purposes of serving targeted ads to you by going to your device privacy settings and turning off “Tracking” and “Apple Advertising” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices). Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities’ statements regarding their opt out options or programs.

California Privacy Rights (California's Shine the Light law): Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes. If you'd like to request more information under the California Shine the Light law, and if you are a California resident, you can contact support@homebakednearby.com (Subject line: CALIFORNIA PRIVACY RIGHTS).

Exercising Your CCPA Data Protection Rights: In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact Us. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information. Your request must provide sufficient information that allows Us to reasonably verify you are the person about whom We collected personal information or an authorized representative and describe your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with the required information if We cannot verify your identity or authority to make the request and confirm that the personal information relates to you. We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice. Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt. For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

DATA RETENTION AND DELETION

We keep information for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a business need to do so, or as required by law (e.g., for tax, legal, accounting or other purposes), whichever is the longer period of time. Upon your request, we will take steps to delete the information we have collected from you; however, we may retain information that we have a legal obligation or business need to maintain so long as is reasonably necessary. You may request deletion of your information by emailing us at support@homebakednearby.com (Subject line: PRIVACY).

UPDATE YOUR INFORMATION

Please log in to your account or contact us at support@homebakednearby.com if you need to change, remove, or correct your information. Please note that we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you are a California resident, please see the additional disclosures at the end of this Privacy Policy.

CHILDREN

Our Service is not directed to children and is intended for a general audience. Homebaked Nearby does not knowingly collect personal information (as defined by the U.S. Children’s Online Privacy Protection Act, or “COPPA”) from children. If you are a parent or guardian and have reason to believe that your child has provided information to Homebaked Nearby through the Service please contact us at support@homebakednearby.com and we will endeavor to delete that information from our databases in accordance with COPPA.

LINKS TO OTHER WEBSITES

The Service may contain links to other websites not operated or controlled by Homebaked Nearby, including social media services. The information that you share with and that is collected by these other parties will be governed by the specific privacy policies and terms of service of the other party and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the other party directly for information on their privacy practices and policies.

SECURITY

You use the Service at your own risk. We implement and maintain commercially reasonable technical, administrative, and organizational measures to protect information about you both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any information to Homebaked Nearby via the Internet.

CHANGES TO THE PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Service. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy (https://homebakednearby.com/privacy-policy).

CONTACT US

If you have any questions about our Privacy Policy or information practices, please feel free to contact us at support@homebakednearby.com. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your request.