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privacy policy

FOMO Baking Co. (“FOMO,” “We,” “Us” or “Our”) recognizes the importance of safeguarding the personal information provided to us by the users of our website, www.fomobakingco.com (the Website” or the “Site”). FOMO operates a website as well as an online retail store from which website users can  purchase bakery products from FOMO.  FOMO is committed to safeguarding your personal information and has implemented this privacy policy (the “Policy”) and internal policies and practices to keep your personal and financial information secure.

The Policy covers our treatment and use of personally identifiable information and/or personal data that is collected via the Website (the “Personal Information”) from users of the Site (“Users”) when such Users electronically communicate with or otherwise access the Website.  This Privacy Policy covers only Personal Information that is collected through the Website and does not govern Personal Information collected from any other source or in any other manner.

You are responsible for making sure that you are aware of FOMO’s most current Privacy Policy. You can tell when we make changes to this Policy by visiting the page you’re reading now and referring to the “Last Updated” date at the top of this page to learn when this Policy was last revised.

The Privacy Policy is incorporated by reference into and made a part of our Terms and Conditions of Use of the Website, and explains how Users’ information and data is used:

  • California Privacy Rights
  • Collection and Use of Information
    • Collection of Information
      • Collection and Use of Personal Information
      • Financial Information
      • IP Address
      • Other Information
    • Use of Cookies, Plug-ins and Web Beacons; Use of Google Analytics
    • Do Not Track Signals
    • Your Consent
      • In General
      • Reviews
    • Use of Information
      • In General
      • Opting In and Opting Out of Electronic Communications
      • Lawful Access, Legal Action and Investigations
      • Disclosure of Personal Information to Non-Affiliated Third Parties
      • Acquisition of Business
      • Retention of Personal Information
    • Links to Other Sites
    • Information Storage and Protection
    • Options to Review and Opt-Out Choices
    • Changes in Policy
    • Governing Law
    • Contact Us

California Privacy Rights

Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed.  This Privacy Policy, as disclosed on this Website, does not currently permit FOMO to share the Personal Information collected at this Website about you with non-affiliated third parties for such third parties’ direct marketing purposes without your prior consent.  If you are a California resident who would like information on how to exercise your rights concerning third party disclosures, you may send an email to info@fomobaking.com.

Collection and Use of Information

The Personal Information We Collect.  This Policy applies to all information collected by or submitted to www.fomobakingco.com.  We consider “personal information” to mean information about an identifiable individual.  If you make purchases from or through the Website or open an account, or engage in other activities on the Site, you will be asked to provide a variety of information including, but not limited to, your name, mailing address, email address, phone number, and information about you.

Financial Information.  FOMO may require billing and payment information such as credit and debit card information when you purchase items from the Website and/or create an account.  However, all payment transactions entered into FOMO are processed by Shopify, a third-party payment processor.  You will provide your payment information to Shopify, and Shopify’s Privacy Policy and Terms of Service will govern use and disclosure of that information.  We encourage you to read carefully Shopify’s Privacy Policy (https://www.shopify.com/legal/privacy) and Terms of Service (https://www.shopify.com/legal/terms) (collectively, “Shopify’s Policies”).

IP Address.   An IP (Internet Protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. Your IP address is not linked to your Personal Information but FOMO does reserve the right to use IP addresses to identify individuals who threaten the Website or other users or visitors.  IP addresses may also be used to help diagnose problems with the Website and to gather broad demographic information.

Other Information.  When you access the Website, FOMO will automatically receive some information about your use of the service.  The type of information that is automatically collected by FOMO includes such things as the date and time of access of the Site, the Internet protocol (IP) address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, the referring website address, and the kinds of business activities you are engaged in while using the Site.  This information is used to help us improve and enhance the website to better meet the needs of its users.

FOMO will also aggregate Personal Information and may use, share and disclose such aggregated Personal Information as permitted by law.  For example, we may use such aggregated Personal Information for research and product development purposes, and may also share such aggregated Personal Information with FOMO’s business partners.

Regardless of whether a User has chosen to limit FOMO’s sharing of Personal Information as collected on the Website, FOMO may, without restriction, use, share and disclose aggregated statistics about Users, along with specific information concerning individual Users that is not Personal Information in any way permitted by applicable law.

Additionally, Shopify is the e-commerce platform on which the FOMO Website operates. Shopify collects certain aggregate data, as well as certain personal information, as identified in this Privacy Policy and in Shopify’s Policies. We encourage you to read carefully Shopify’s Privacy Policy (https://www.shopify.com/legal/privacy) and Terms of Service (https://www.shopify.com/legal/terms) for detailed information about the data collected by Shopify.

Use of Cookies, Web Beacons and Pixel Tags; Use of Google Analytics  

The Website may make use of: (i) “cookies” - small data files which we may send to your computer on the basis of the information that we have collected about your visit;  (ii) “web beacons” – small strings of code that provide a graphic image that surveys visitors’ internet activity; and (iii) pixels tags.  They contain information allowing us to recognize when you are visiting the Site and to keep track of your preferences.  Through the use of cookies, pixel tags and web beacons, we also may automatically collect information about your online activity on our Site, such as the links you click and the searches you conduct on our Site.  Cookies are stored in your computer’s browser or on your hard drive and can then be retrieved by the Site.  Two kinds of cookies may be used: so-called “session” cookies, which are deleted from your computer when you leave the Site and are used purely to help you to navigate around the Site; and “persistent” cookies, which remain on your computer so that the Site can recognize you when you return.

If you want to delete any cookies that were already sent to your computer, please refer to your web browser’s “Help” facility.  In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the “Help” facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the Site's interactive functionality.

FOMO uses a web analytics tool called Google Analytics that helps website and mobile application owners understand how visitors engage with their websites.  We can view a variety of reports about how visitors interact with our Site so we can improve it. Google Analytics collects information anonymously.  Google Analytics uses cookies, and IP addresses, and reports website trends without identifying individual visitors. In the event a visitor to the Site voluntarily submits contact information to Google Analytics, that company may then associate such information with the applicable IP address to enable us to see that visitor’s specific interactions with our Site. For more information related to Google Analytics, click here: http://www.google.com/analytics/learn/privacy.html. You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-On. For information about and to install Google Analytics Opt-out Browser Add-on, click here: https://tools.google.com/dlpage/gaoptout?hl=en .  

Do Not Track Signals 

Certain web browsers provide users with an option by which you may have your browser send a “Do Not Track” signal to websites that you are visiting, advising the recipient websites that you do not want to have your online activity tracked.  However, the way browsers communicate such “Do Not Track” signals is not yet uniform and, accordingly, our Website does not take any action in response to such signals.  In the event a final standard is developed and accepted, we may reassess how we should respond to such signals.

Your Consent

In General

We only collect, use and/or disclose your Personal Information with your consent. We will ask for your consent to collect and maintain your personal information; to share your personal information with third parties for marketing or other purposes; to use your Personal Information to communicate with you electronically and otherwise; and to track your activities on the Site using cookies and other tracking devices.  We do not and will not share your Personal information with third parties for marketing and/or other purposes unless we first obtain your consent.

You must be 18 years of age to use the Site.  FOMO does not knowingly collect or maintain any Personal Information from children under the age of 13, and no part of this Site is designed with the purpose of attracting such children. This Website is intended for Users who reside in the United States. If you use the Site from any country outside the United States, the various communications will necessarily result in the transfer of information across international boundaries.  By visiting the Site, you consent to these transfers.

Use of Information

In General.  We use the Personal Information your provide to us for the purpose of communicating with you and to process and fulfill your orders.  We do not and will not share your Personal information with non-affiliated third parties for marketing and/or other purposes unless we first obtain your consent.

Your Personal Information may also be used in the following ways:

  • to deliver materials, information and services to you,
  • to process your orders
  • to give you notice of and/or resolve any problems that may arise in connection with our services,
  • to assist Shopify in processing payments
  • to better understand the needs and interests of our customers,
  • to analyze the success of our services and Site and for research and development purposes,
  • to manage the Site’s interactive functionality,
  • to help us improve and enhance the Site experience for all of its visitors, and customize the content on our Site,
  • for compliance with our legal and regulatory obligations,
  • as otherwise reasonably required to provide customer services and maintain the Site,
  • to investigate potential breaches of the Terms and Conditions of Use of the Site,
  • to investigate potentially unlawful activity,
  • for any other purpose outlined in this Privacy Policy and/or the Terms and Conditions of which this Privacy Policy is a part, and
  • as otherwise permitted by law.

With your consent, we may also use your Personal Information to contact you via direct postal mail and/or electronically. This information may also be used to help FOMO and its commercial partners, and services providers deliver information to you, and for other purposes as are reasonably necessary to provide the services requested by you. You may opt-out of receiving future mailings or other messages from us by following the instructions in the e-mail or other message you receive from us or by following the instructions set forth in the Opting In and Opting Out of Electronic Communications section in this Policy.

Opting In and Opting Out of Electronic Communications.   At certain points where Personal Information is collected on our Site, there may be a box to indicate that you wish to receive certain information or communications from us. You may opt out of receiving electronic communications, such as emails from us at any time.  In all of our electronic communications you will be given the opportunity to opt out of receiving future communications. 

Lawful Access, Legal Action and Investigations.  Your Personal Information may otherwise be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations.  Your Personal Information may be transmitted through and stored on servers outside your home country, and may be accessed by authorities in those jurisdictions. We may disclose Personal Information if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, violations of our Terms and Conditions of Use, or otherwise in accordance with applicable law. 

Disclosure of Personal Information to Non-Affiliated Third Parties. In addition to the above disclosures, FOMO may share your Personal Information, without restriction, with companies and organizations that we retain to perform services for us, such as those that provide data processing, computer software maintenance and development, and companies providing professional, legal or accounting advice to us.  In such situations, FOMO requires that these companies and organizations agree to (a) maintain the confidentiality of the Personal Information, and (b) limit the use of such Personal Information to the purposes for which it was provided.  We will not sell, rent or market Personal Information collected on this FOMO to non-affiliated third parties for their marketing purposes, unless we have your consent.  However, we may disclose aggregated statistics about visitors to the Site, along with anonymous information concerning individual users of the Site.  We may combine anonymous information and/or aggregate information we collect with additional anonymous and/or aggregate information collected from other sources. We may share anonymous information (including aggregate information) we collect regarding our users with third parties (such as advisors, and/or consultants) for various business purposes including conducting general business analysis, and developing website content and services.

Acquisition of Business.  In the event that FOMO, or an affiliate of FOMO is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that FOMO goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Site, all data collected on the Site (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of FOMO may continue to use the Personal Information as set forth in this Privacy Policy.  If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations. 

Retention of Personal Information.  Personal Information is retained to deliver our services, to otherwise fulfill identified or apparent purposes, and Personal Information may be retained for record-keeping. At some point FOMO may elect to destroy, erase or anonymize your Personal Information. Once anonymized, we undertake not to re-identify the information.

Links to Other Site and Services

The Site may contain links to various other sites which may ask to collect user information voluntarily or otherwise collect certain information (for example, your IP address).  Please be aware that these other websites may have different privacy policies that may subject users to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.

Our website also includes social media features, such as the Facebook “like” button and widgets, the “Share this” button or other interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing the feature, which we encourage you to review. 

Information Storage and Protection

FOMO will maintain reasonable procedures to protect the security and confidentiality of Personal Information provided to it by Users, in accordance with applicable law.

There are industry standard safeguards in place to protect Users’ Personal Information, such as the use of firewalls and SSL certificates, and limiting access to such information by company personnel.  Personal Information will be stored in databases and servers located in the United States.  However, no transmission made through the internet can be made completely secure, and accordingly, we will not be liable for the disclosure of any Users’ Personal Information that occurs as a result of transmission errors or the actions of any third party to the fullest extent permitted by law.

In the unlikely event that we determine that there may have been a security breach that results in the unauthorized disclosure of Personal Information to a third party, FOMO will promptly notify consumers whose Personal Information it reasonably believes may have been compromised by posting information on the Website and, if email contact is possible, then also by sending an email notification with respect to the situation.

Options to Review and Opt-Out Choices

In addition to having the ability to opt-out of receiving electronic communications, such as emails from FOMO by following the unsubscribe link in the footer of each email, users may access, review and, in certain situations, update, revise and/or delete certain Personal Information by sending an email to our FOMO at info@fomobaking.com, providing the contact information we are using to communicate with you, such as your email address. Additionally, please note that while you may request the updating, revision or deletion of such information, a copy of the unrevised information may be maintained in FOMO’s records after any such revision or deletion. 

If for any reason you wish to discontinue the use of the Website and have your Personal Information removed from our database, please email info@fomobaking.com.

Changes in Policy

From time to time, FOMO’s Privacy Policy may change. FOMO will post changes to the Privacy Policy on the Website. Please review this Privacy Policy often so that you will remain abreast of our current policies. Users of the Site are responsible for making sure they are aware of the provisions of FOMO’s most current (see the date at the top of this Privacy Policy) Privacy Policy.

Governing Law

This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions.  Please click here to review the terms relating to Disputes and Governing Law for this Site.

Contact Us

If you have any questions or complaints concerning this Privacy Policy or our handling of your Personal Information you may contact us at info@fomobaking.com and 223 Chestnut Street, Unit 1, Ridgewood, NJ 07450.