Legal and Privacy Policies

 

Terms and Conditions For Use of This Site

La Rocca Creative Cakes Ltd. is pleased to provide this website for your personal non-commercial use. However, by using this site, you agree to the Terms and Conditions provided below. La Rocca Creative Cakes reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this site following any such change constitutes your agreement to follow and be bound by these Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you use this site.

Use of Site and Site Material

Except as expressly stated therein, this site is provided for your personal non-commercial use and you may not copy material from this site for commercial use. You may copy material in limited quantities from this site for your personal non-commercial use provided that our copyrights notice is affixed to the copied material. La Rocca Creative Cakes reserves the right to restrict your use of this site at any time, which may include terminating your permission to make personal copies of material from this site. You are prohibited from using this site to post or transmit any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct.

The information on this site may contain typographical errors or inaccuracies and may not be complete or current. La Rocca Creative Cakes reserves the right to correct any errors, inaccuracies or omissions and to change or update information and material at any time without prior notice.

Ownership of Intellectual Property

La Rocca Creative Cakes owns the copyright to all material and the trademarks, service marks, and trade dress (collectively referred to as “Intellectual Property”) displayed on and from this site. Notwithstanding any other term or condition in this Agreement, La Rocca Creative Cakes retains ownership to all Intellectual Property on this site and all material on and from this site. The Intellectual Property on this website is protected from copying or reproduction under national and international trademark and copyright laws and nothing on this site should be construed as a license to use the Intellectual Property. Your use of the Intellectual Property on this website is strictly prohibited and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of La Rocca Creative Cakes. All rights reserved.

Liability Disclaimer

Your use of this site and material from this site is at your own risk.

La Rocca Creative Cakes strives to provide accurate and up-to-date material on this site. However, La Rocca Creative Cakes makes no warranties or representations as to the accuracy or timeliness of the material provided on this site. La Rocca Creative Cakes assumes no liability or responsibility for any errors or omissions on this site.

Neither La Rocca Creative Cakes, any of its agents, nor any other party involved in creating, producing or delivering this website is liable for any damages whatsoever arising out of your access to, or use of, this site or any material from this site. Without limiting the foregoing, this site and the material provided on this site are provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

La Rocca Creative Cakes assumes no liability or responsibility for any damage to you, your computer or your other property due to your access to, use of or downloading of this site or any materials provided on this site.

Links

La Rocca Creative Cakes has not reviewed any or all of the sites that may be linked to this site and is not responsible for any sites linked to this site. Your linking to any sites from this site is at your own risk. By linking to a site or permitting a link to this site, La Rocca Creative Cakes does not endorse the site operator or the content of the linked site.

Idea Submission/Use of Information

La Rocca Creative Cakes does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to La Rocca Creative Cakes, you agree that the idea becomes and remains the sole and exclusive property of La Rocca Creative Cakes without further liability or compensation to you.

If you respond to La Rocca Creative Cakes with any information, including but not limited to feedback, data, questions, comments, suggestions or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of La Rocca Creative Cakes, and your submission of information shall constitute an assignment to La Rocca Creative Cakes of all worldwide rights, titles and interests in such information. La Rocca Creative Cakes will not be liable for any use or disclosure of such information. La Rocca Creative Cakes will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. La Rocca Creative Cakes will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

La Rocca Creative Cakes welcomes your comments and suggestions on this website and products, but La Rocca Creative Cakes does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing products or any new products. By submitting information, you warrant that La Rocca Creative Cakes may publish such information, use it as part of its operations, and incorporate its concepts in La Rocca Creative Cakes products without liability or compensation to you.

Applicable Law

You agree that the laws of the Province of Ontario, Canada govern any use of this site, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this site or material from this site. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims.

Severability

If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.

La Rocca Creative Cakes Privacy Policy

The privacy of individuals connected with our business, including our customers, contractors, employees, independent operators and website visitors, has always been of great importance to La Rocca Creative Cakes. Keeping personal information in strict confidence is a cornerstone of our business. Regardless of how the range of products we offer our customers expands, and the technology we use changes, we will always strive to protect the privacy of personal information, subject to any consent an individual has provided for its use.

This policy describes the principles on which La Rocca Creative Cakes and its subsidiaries and divisions will protect the privacy of personal information. The policy is based on the Canadian Standards Association Model Code for the Protection of Personal Information. While this document sets out the principles on which La Rocca Creative Cakes’s privacy practices are based, privacy laws will vary from province to province and those laws may also govern La Rocca Creative Cakes’s privacy practices in such province. This policy is part of La Rocca Creative Cakes’s commitment to ensure that all personal information of individuals in its possession is protected and used in accordance with the law. Privacy laws across Canada are evolving, and therefore this policy is subject to change.

Personal Information is any information about an identifiable person, other than the name, title, business address and business telephone number of a person. It includes such things as a person’s home address, date of birth, social insurance number, and medical and financial information. With respect to customers, such information is collected primarily in connection with products provided by La Rocca Creative Cakes. Employees may be asked to provide such information to La Rocca Creative Cakes in connection with matters relating to their employment. In all cases, La Rocca Creative Cakes is committed to protecting the privacy of individuals and the integrity of their personal information.

1. Accountability

La Rocca Creative Cakes is responsible for personal information under its control, including any personal information disclosed to third parties for handling or administrative purposes. La Rocca Creative Cakes has designated a Privacy Officer who is accountable for La Rocca Creative Cakes’s compliance with this policy and with privacy legislation.

1.1 While ultimate accountability for La Rocca Creative Cakes’s compliance with the policy rests with the Privacy Officer and senior management of La Rocca Creative Cakes, day-to-day compliance with the policy is delegated to individuals throughout La Rocca Creative Cakes’s business.

1.2 With respect to personal information that has been transferred to a third party for processing, La Rocca Creative Cakes will use contractual or other means, and may include the examination of such third party’s practices with respect to personal information, to safeguard personal information while it is being processed by a third party.

1.3 La Rocca Creative Cakes has implemented internal guidelines and practices to give effect to this policy, including:

  1. establishing procedures to protect personal information;
  2. establishing procedures to receive and respond to complaints and inquiries;
  3. developing information to explain the organization’s policies and procedures; and
  4. training staff and communicating to staff information about the organization’s policies and procedures.

1.4 La Rocca Creative Cakes has implemented practices to effectively monitor compliance with this policy across its business, including the appointment of a privacy officer and regional privacy coordinators and regular privacy compliance reviews.

2. Identifying the Purposes for which Personal Information is Collected

The purposes for which personal information is collected will be identified by La Rocca Creative Cakes at or before the time the information is collected, unless such purposes are obvious.

2.1 La Rocca Creative Cakes will ensure that the purposes for which personal information is collected and the way in which the information may be used are clear to the individual. In some cases, the purpose will be clear from the context of the interaction; in other circumstances, a written or verbal explanation may be required. For example, employees are required to give certain personal information that is essential to the employer-employee relationship, such as a social insurance number and banking information for payroll deposits.

3. Consent

La Rocca Creative Cakes will not collect, use or disclose the personal information of a person without the individual’s knowledge and consent, except in certain limited circumstances permitted by law, such as where the immediate health of a person is at risk, or in connection with the breach of an agreement or a law.

3.1 La Rocca Creative Cakes will obtain consent, either express or implied, for the use or disclosure of personal information at the time of the collection of the information. In certain circumstances, consent with respect to use or disclosure will be sought after the information has been collected but before use, particularly if La Rocca Creative Cakes wants to use the information for a purpose not previously identified to the individual.

3.2 La Rocca Creative Cakes is committed to obtaining meaningful consent to the collection, use and disclosure of personal information. To achieve this aim, the purposes for which the information will be used, if not obvious, will be explained in such a manner that the individual can reasonably understand how the information will be used or disclosed.

3.3 La Rocca Creative Cakes will not, as a condition of the supply of a product or service, unreasonably require an individual to consent to the collection, use or disclosure of information beyond what is required in the circumstances.

3.4 The way in which La Rocca Creative Cakes seeks consent may vary, depending on the circumstances and the type of information collected. In determining the type of consent that may be required, La Rocca Creative Cakes will consider the nature of the information, the use to which the information will be put, applicable laws and the type of interaction in which the information is provided.

3.5 Consent may be express or implied, given orally, electronically or in writing and provided by an action or inaction. Consent may be given through a legally appointed representative or a legal guardian.

3.6 An individual, subject to legal or contractual limitations, may withdraw his or her consent at any time on sufficient notice to La Rocca Creative Cakes. Withdrawal of consent may result in La Rocca Creative Cakes becoming unable to provide or continue to provide the person with certain services, products or benefits, and the individual will be given notice of the implications of the withdrawal of his or her consent.

4. Limits on the Collection of Personal Information by La Rocca Creative Cakes

The collection of personal information by La Rocca Creative Cakes will be limited to that which is necessary for the purposes identified by La Rocca Creative Cakes. At all times, La Rocca Creative Cakes will collect personal information by fair and lawful means.

It is possible that La Rocca Creative Cakes may, with the consent of an individual, collect and use information about that individual from a third party. For instance, credit references may be checked in appropriate circumstances.

5. Limits on the Use, Disclosure and Retention of Personal Information by La Rocca Creative Cakes

Personal information will not be used or disclosed by La Rocca Creative Cakes for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law. Personal information will be retained only as long as reasonably necessary for the fulfillment of those purposes or as required by law.

6. Accuracy of Personal Information Held by La Rocca Creative Cakes

La Rocca Creative Cakes will make reasonable efforts to ensure that personal information of individuals is as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

6.1 Personal information will not be updated without the consent of the individual and it will only be updated if it is necessary for the continued use of the personal information.

6.2 La Rocca Creative Cakes will make reasonable efforts to obtain information from individuals in order to update information on hand if required to fulfill the purposes for which the information was collected. Once informed by a person that personal information held by La Rocca Creative Cakes about them is inaccurate, La Rocca Creative Cakes will update the information as soon as possible.

7. Safeguarding Personal Information

La Rocca Creative Cakes will protect personal information by the use of security safeguards appropriate to the sensitivity of the information.

7.1 La Rocca Creative Cakes will employ security safeguards that will protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held.

7.2 The nature of the safeguards used by La Rocca Creative Cakes will vary depending on the sensitivity of the information that has been collected, the amount, distribution and format of the information, and the method of storage of the information. More sensitive information will be safeguarded by a higher level of protection.

7.3 The methods of protection used by La Rocca Creative Cakes will include:

  1. physical measures, for example, locked filing cabinets and restricted access to offices;
  2. organizational measures, for example, security clearances and limiting access on a “need-to-know” basis; and
  3. technological measures, for example, the use of passwords and encryption.

7.4 La Rocca Creative Cakes will ensure that its employees who are in contact with personal information are trained in the appropriate protection of personal information and that they are aware of the importance of maintaining the confidentiality of personal information. Employees are required to abide by this policy.

7.5 If personal information is disclosed to third parties for the purpose of processing or another administrative purpose, La Rocca Creative Cakes will make reasonable efforts to ensure that the third party uses safeguards to protect personal information which are comparable to those used by La Rocca Creative Cakes.

8. Openness

La Rocca Creative Cakes will make available to individuals information about its policies and practices relating to the management of personal information. La Rocca Creative Cakes is open about the policy it has to ensure the protection of personal information.

8.1 La Rocca Creative Cakes will make this information readily available to individuals. The information will be made available in a form that is generally understandable.

8.2 La Rocca Creative Cakes may make information on its policies and practices available in a variety of ways, depending on the nature of the service or product being provided and the nature of the personal information. La Rocca Creative Cakes will make all such information available in both English and French.

9. Individual Access to Personal Information

Upon the receipt by La Rocca Creative Cakes of a written request, an individual will be informed, within a reasonable time following such request, of the existence, use and disclosure of his or her personal information and will be given access to that information. In certain limited circumstances, as permitted by law, certain information, such as that collected and held in the context of an investigation of the breach of a law or a contract, will not be disclosed to the individual. La Rocca Creative Cakes has established procedures for an individual to follow in order to access their personal information.

9.1 Subject to applicable laws, upon receipt of a written request from an individual, La Rocca Creative Cakes will inform him or her whether or not La Rocca Creative Cakes holds personal information about the individual and make reasonable efforts to indicate the source of the information. In addition, La Rocca Creative Cakes will, upon written request, provide a summary of the use that has been made or is being made of this information.

9.2 An individual may be required to provide sufficient information to permit La Rocca Creative Cakes to provide an account of the existence, use and disclosure of personal information. The information provided will only be used for this purpose.

9.3 Upon receipt of a written request, La Rocca Creative Cakes will provide to an individual the identities of third parties to which it may have disclosed personal information about the individual and the purpose for which the information may have been disclosed to the third party.

9.4 La Rocca Creative Cakes may charge a reasonable fee to cover its cost of providing the information, provided that La Rocca Creative Cakes will inform the individual of the approximate cost of providing the information prior to doing so and will afford the individual the opportunity to withdraw his or her request.

9.5 If an individual successfully demonstrates the inaccuracy or incompleteness of personal information held by La Rocca Creative Cakes, La Rocca Creative Cakes will amend the information as required. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.

9.6 La Rocca Creative Cakes may decline to provide an individual access to his or her personal information in accordance with applicable laws. If such a refusal is made, La Rocca Creative Cakes will inform the individual of the reasons why such access has been denied, except when La Rocca Creative Cakes is prohibited from doing so by law.

10. Complaints and Questions

A person about whom personal information is kept may challenge La Rocca Creative Cakes concerning its compliance with this policy.

10.1 Complaints and questions regarding La Rocca Creative Cakes’s compliance with this policy may be made in writing to La Rocca Creative Cakes by e-mail at cafe@laroccacakes.com or by phone at 1.905.787.2088.