Privacy Policy
Funnelcake Privacy Policy
Effective date: April 22, 2024
Who’s This Policy For And What Does It Cover?
ShuPlug, Inc. dba Funnelcake (“Funnelcake” or “we”) takes your privacy seriously. This Privacy Policy (“Policy”) applies to users of our online “Services” and individuals we interact with for marketing or other commercial purposes. It describes how we may collect, use, and share your Personal Information. It also explains related rights and choices you may have.
Our Services include: our public website (www.funnelcakeclub.com) our account-restricted service that our customers use to book curated experiences and shopping opportunities; and any other site, app or online service we offer that links or refers to this Privacy Policy.
This Policy does not cover our processing of Personal Information as a service provider (data processor) to customers that subscribe to our API platform. If you believe our customer has used the platform to process your Personal Information, please send any inquiries or requests to that customer.
You may see other privacy notices when we collect your Personal Information for certain purposes. Those notices supplement this Policy.
What is “Personal Information”?
When we say “Personal Information,” we mean information that can reasonably be linked to a particular individual or their household. Generally speaking, your Personal Information includes your unique identifiers (full name, phone number, email address, user name, etc.), and information about your characteristics, conditions or behavior that is associated with one of your identifiers or could otherwise reasonably be linked to you.
“Non-Personal Information,” on the other hand, has been anonymized, aggregated or de-identified such that it cannot reasonably be linked to a particular individual or their household.
Personal Information We Collect And How We Collect It
Categories
The Personal Information we collect depends on the nature of your interaction with us or our Services, and may include:
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Identifiers. Your contact information (such as first and last name, address, email address, phone number) and other identifiers that are specific to you or the computer or mobile device with which you access our Service (such as username, IP address, cookie ID and similar information).
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Financial information. Data to process payments, such as payment card information, which is processed securely on our behalf by a trusted vendor and not stored by us.
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Commercial information. Data about what products or services you purchase, obtain or consider.
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Professional or employment information. Data such as job title, business or employer name.
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Internet or other network activity. Data you share with us via email, information about how you use the Service, social media content you share, interactions with our Service such as the pages that you visit and your preferences, and interactions with communications sent on our behalf.
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Geolocation data. Data that reflects your approximate location when you access our Services.
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Audio, electronic, visual or similar information that you submit to our Services.
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Other categories disclosed to you at the point of collection.
Collection Sources
From You When You Provide It. We may collect Identifiers, Professional or Employment Information or other Personal Information from you directly when you fill out a form on our site; register an account to use the API service; join our mailing list; place an order or make a purchase; visit our office; interact with us at an event; or otherwise communicate with us.
Automatically From Your Device. Like most online services, our Services automatically collect some information from users’ devices in order to make features function correctly, customize or improve the user experience, understand how the Service is being used, or measure the effectiveness of marketing efforts. Some of this data may be collected through the use of browser cookies, pixel tags or similar online tracking technologies, which are explained below. In some cases, we limit this type of collection to Non-Personal Information. However, this data may include Personal Information such as online Identifiers, Internet Activity and Commercial Information.
From Third Party Sources. We may obtain information about you from other sources. For example, we may collect Identifiers, Professional or Employment Information, or Internet Activity that you have chosen to share on social media platforms. (To the extent you disclose such information through widely distributed media or on a public platform, we may not be required to treat it as Personal Information under applicable law.)
We may combine information collected from other sources with information collected from you or your device. To the extent the information, alone or in combination, constitutes Personal Information, we will treat it as Personal Information as described in this Policy.
4) How We Use Personal Information
We use Personal Information for the following purposes:
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To provide the Services to you;
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To maintain your account;
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To improve our Services and analyze how they are used;
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To secure our Services against fraud, malicious activity, or conduct that may violate our terms and conditions;
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To personalize and improve your experience with the Service;
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To provide you with information, products, or services that you request from us;
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To notify you about changes to our Service and any products or services we offer or provide through them;
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To contact you and provide you with help if you have a customer service issue;
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To contact you to fill out surveys and participate in other types of market research;
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To notify you of new products or services we think you might be interested in;
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To comply with our legal obligations;
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To secure our offices and other physical locations;
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In any other way we may describe when we collect the information; and
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For any other purpose with your consent.
We may use Non-Personal Information for any purpose.
How We Share Personal Information
Vendors
We may share Personal Information with contractors, service providers, and other vendors who assist or support us in providing the Services. Examples of these third party services may include hosting our website or platform, storing data, performing analytics, processing payments, providing the products or services you purchase, or sending marketing communications. Our agreements with vendors prohibit them from retaining, using or disclosing the Personal Information we share with them for any purpose other than providing services to us.
Analytics or Marketing Partners
We may share your Personal Information with analytics providers or marketing partners to measure performance of our Service or marketing efforts. This sharing may involve the use of browser cookies and similar technologies placed through our Service by our partners, as explained below. For example, when you visit our website, our partner’s Cookie may cause your browser to automatically send a request to our partner’s server and provide our partner with your IP address, other Identifiers, Device Information and Internet Activity.
Mandatory Disclosures And Legal Proceedings
We may have a legal obligation to disclose Personal Information to government authorities or other third parties pursuant to a valid regulatory request, subpoena or court order. We may also need to disclose and otherwise process your Personal Information in accordance with applicable law to prevent physical harm or financial loss, protect the vital interests of a person, enforce our various policies or terms of use, protect our property, services and legal rights, prevent fraud, support auditing, compliance and corporate governance functions, or comply with applicable law.
Change In Control Or Merger
We may transfer your information in the event of the sale of substantially all of the assets of our business to a third-party or in the event of a corporate merger, consolidation, acquisition or reorganization. However, in such event, any acquirer will be subject to the provisions of our commitments to you or we will not disclose your information.
With Your Direction Or Consent
We will share your Personal Information with other third parties as you may direct or otherwise consent.
Children’s Privacy
Our Services are not directed to children (individuals under the age of 18). We do not knowingly collect, maintain, or process children’s Personal Information unless the child’s parent or guardian consents and provides the information. If we determine that we have received a child’s Personal Information from a source other than the child’s consenting parent/guardian, we will immediately delete the information.
Cookies And Online Tracking
What Are Cookies?
A browser cookie is a small piece of data that a website stores in your device’s browser. It holds information that the site uses to function properly, remember your preferences, or personalize your experience. A typical cookie contains a cookie ID, which is a unique string of characters used to identify your browser during the browsing session, or in some cases, during subsequent browsing sessions. Cookies, cookie ID’s and similar pieces of data may be considered Personal Information (identifiers or internet activity) under applicable law.
Other online technologies, similar to cookies, may allow users to be identified and tracked across multiple browsing sessions, and in some cases tracked across different websites and apps for marketing or advertising purposes. These technologies include, but are not necessarily limited to, pixels, web beacons and scripts (collectively with browser cookies, “Cookies”).
How Cookies May Be Used On Our Services
Our Service uses “first party” Cookies, which are set by our web domain (vpnapi.io). Our Service also uses some “third party” Cookies, which are set by other web domains associated with our vendors or partners. This means that, when you visit our site, your browser may automatically connect to our vendor’s web server, as well as ours, and provide them with access to your online identifiers and information about how you use our site.
Both First Party and Third Party Cookies may be used on our Services for the following purposes:
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Essential: Essential Cookies are necessary for site security and to enable you to move around our site and use its features.
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Preferences. Preference Cookies allow us to remember your preferences on the Service during a session or across sessions.
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Analytics: Analytics Cookies allow us to analyze use of our Service to evaluate and improve performance or marketing efforts.
Some of the Cookies used on our Services are related to Google tools we use, including Google Analytics. For more information, click here: https://policies.google.com/technologies/partner-sites?hl=en-US
Other Cookies used on our Services are related to certain Meta tools we use, including the Facebook Pixel. For more information, click here: https://www.facebook.com/privacy/policy/.
How You Can Block Cookies
You can block, disable or delete cookies at any time by changing the settings in your browser. However, blocking, disabling, or deleting cookies may limit your ability to view all the pages of our site or other sites. You can find more information about cookies and other options you may have for restricting them at www.cookiesandyou.com/, and www.aboutads.info/choices.
Browser Privacy Signals
Our website honors the Global Privacy Control (GPC) signal. If you have configured your browser to send the GPC signal, we will interpret that signal as your request to opt-out of non-Essential Cookies.
Your Rights And Choices
You may opt-out of our marketing emails by using the unsubscribe link provided in the email.
See Section 7 for options to restrict Cookies.
If you reside in the European Economic Area, United Kingdom or Switzerland, you may have additional rights and choices.
Links To Third Party Sites
Our Services may contain links to third-party websites, products or services. If you use these links, you will leave our site. Such links do not constitute or imply an endorsement, sponsorship or recommendation by us of the third party, the third-party website or the information contained therein, and we shall not be responsible or liable for your use thereof. Such use shall be subject to the terms of use and privacy policies applicable to those sites.
Third Party Direct Marketing
We don’t share Personal Information with third parties for their direct marketing purposes.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially reasonable means to protect your Personal Information, we cannot guarantee its absolute security.
Residents of California, Colorado, and Virginia
As of January 1, 2024, we do not meet the definition of a covered “business” under the California Consumer Privacy Act of 2018, as amended. We also do not meet this definition under the Colorado Privacy Act or the Virginia Consumer Data Protection Act. If and when we become a covered business under any of these Acts, we will update this Policy accordingly as part of ongoing compliance efforts.
Data Subjects In The EEA, United Kingdom and Switzerland
Data controller
Your Personal Information is controlled by ShuPlug, Inc. dba Funnelcake, a Delaware corporation, which is headquartered in the State of Colorado. You may contact us at privacy@funnelcakeclub.com.
Lawful bases for processing
We may process your Personal Information for the purposes described above if at least one of the following grounds for processing applies:
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Processing is necessary for us to perform a contract with you or to take steps at your request prior to entering into a contract;
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Processing is necessary to comply with our legal obligations;
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Processing fulfills our legitimate interests in a manner that does not outweigh your rights and freedoms. Our legitimate interests include: protecting against malicious intrusions and unauthorized use; maintaining and improving our services; understanding how our services are used; personalizing our services; promoting our products and services effectively; and complying with legal obligations and protecting our legal rights.
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Processing is necessary to protect the vital interests of you or another individual
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You have consented to the processing
International transfers
If you use a Service or contact us, your Personal Information will be processed in the United States—which has not received a finding of “adequacy” from the European Commission as referenced in Article 25 of the European Union’s General Data Protection Regulation (GDPR)—and will be handled in accordance with this Policy and applicable U.S. law, unless we have agreed otherwise in writing with you or a third party you are affiliated with.
To the extent we make transfers of Personal Information to third parties in other countries that have not received an adequacy finding, we rely on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, we make such transfers: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of ours in a manner that does not outweigh your rights and freedoms. We also endeavor to enter into data processing agreements and European Commission-approved model clauses with service providers whenever necessary and appropriate.
Automated decision making
We do not make any decisions involving the use of algorithms or profiling that significantly affects you.
Your rights under GDPR
The GDPR provides you with the following rights, which you can exercise by contacting us:
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The right to request access to and rectification of your personal information. You may obtain additional information about our processing and a copy of your stored information. You also have the right to request that we update your information if it is inaccurate or incomplete.
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The right to request erasure of your personal information. You may request for us to erase your information from our systems if it is no longer necessary for the reason we collected it, or you withdraw consent and no other legal basis for processing exists.
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The right to restrict our processing of your personal information. You have the right to restrict our processing if: (1) you disagree with the accuracy of your information; (2) our processing is deemed unlawful and you do not want us to erase your information; or (3) we no longer need your information for the purposes for which we collected it but we must store it to comply with our legal obligations.
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The right to data portability. You may receive and transmit your personal information to another controller where our processing is based on consent you gave us and was carried out by automated means.
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The right to object. You have the right to object to our processing of your personal information where we process it because of a legitimate interest.