Privacy Policy — Overflow Cakes & Co.

Privacy Policy

Effective: May 2025  ·  Last Updated: May 2025  ·  Overflow Cakes & Co.  ·  overflowcakes.com

Applicable Law This Privacy Policy is governed by applicable U.S. federal privacy laws, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, and the Children's Online Privacy Protection Act (COPPA), and the laws of the State of Georgia, U.S.A.

At Overflow Cakes & Co. ("we," "our," "us"), your privacy matters. This Privacy Policy explains how we collect, use, disclose, and protect your personal information when you visit overflowcakes.com, contact us by phone, email, or text, or place an order with us.

By using our services, you agree to the practices described in this policy.

1. Business Information

2. Information We Collect

  • Identity & Contact Data: Your name, email address, phone number, and delivery address when you enquire or place an order.
  • Order Data: Event date, cake type, design preferences, flavours, guest count, and any custom specifications you provide.
  • Communications: Messages sent via our website enquiry form, email, phone calls, SMS, Instagram DMs, or TikTok messages.
  • SMS Consent Data: Whether you opted in to transactional or marketing SMS messages, the date and time of consent, and the method by which consent was collected.
  • Usage Data: IP address, browser type, device type, pages visited, and time on site — collected automatically via analytics tools only with your consent.
  • Cookies: See Section 6 below.

3. How We Use Your Information

  • To respond to your enquiries and process your cake orders.
  • To communicate order confirmations, updates, and delivery or pickup arrangements by email, phone, or SMS.
  • To send transactional SMS messages (order updates, reminders) where you have opted in.
  • To send marketing and promotional SMS messages — only where you have given separate, explicit opt-in consent.
  • To improve our website, products, and customer experience.
  • To comply with applicable federal and state legal obligations.

4. SMS / Text Message Communications

When you opt in to receive SMS messages from Overflow Cakes & Co. through our contact form, you may receive two types of messages:

  • Transactional Messages: Order confirmations, status updates, and appointment reminders. These are sent only in connection with your active order or enquiry.
  • Marketing Messages: Promotional offers, seasonal discounts, and new product announcements — sent only if you separately opt in.

You may opt out of SMS messages at any time by replying STOP to any message. Reply HELP for assistance. Message frequency may vary. Message & Data rates may apply.

SMS Data — No Sharing Statement All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the text message services.

5. CAN-SPAM Act Compliance (Email Marketing)

We comply with the U.S. CAN-SPAM Act. If you opt in to receive marketing emails from us:

  • We will not use false or misleading subject lines.
  • Every marketing email will identify itself as an advertisement where required.
  • Our physical business address (788 West Marietta St NW, Atlanta, GA 30318) will be included.
  • You can opt out at any time by clicking "unsubscribe" or emailing [email protected]. We will process opt-out requests within 10 business days.

6. Cookies & Tracking

When you first visit our site, a cookie consent banner lets you choose between "Accept All" or "Necessary Only."

  • Essential Cookies: Necessary for core site functionality. Always active.
  • Analytics Cookies: Only activated with your consent. Help us understand how visitors use our site. You may withdraw consent at any time by clearing cookies or adjusting browser settings.

7. Sharing Your Information

We do not sell, rent, or trade your personal information to third parties. We may share data with:

  • Service Providers: Trusted vendors (web hosting, payment processors, SMS providers, delivery partners) under strict confidentiality obligations, only to the extent needed to fulfil your order or deliver your consented messages.
  • Legal Authorities: Where required by U.S. federal or Georgia state law, subpoena, or court order.

SMS opt-in data and consent records are never sold, rented, or shared with third parties for marketing purposes.

8. Social Media Platforms

When you interact with us on Instagram (@overflowcakes) or TikTok (@overflowcakesandco), those platforms' own privacy policies govern data processing on their networks.

9. Data Retention

  • Order and transaction records: retained for seven (7) years for business and tax record purposes.
  • Communication and enquiry data: retained for up to three (3) years.
  • SMS and marketing consent records: retained for the duration of your subscription plus one (1) year.

10. Security

We implement reasonable administrative, technical, and physical measures to protect your personal data from unauthorized access, use, or disclosure. No method of internet transmission is 100% secure; however, we are committed to using commercially reasonable means to protect your information. In the event of a data breach, we will notify affected individuals as required by applicable law.

11. Your Rights

You have the right to:

  • Access: Request a copy of the personal data we hold about you.
  • Correction: Ask us to correct inaccurate or incomplete data.
  • Deletion: Request deletion of your personal data where no longer needed.
  • Opt Out of SMS: Reply STOP to any text message at any time. No further messages will be sent.
  • Opt Out of Marketing Email: Click "unsubscribe" in any marketing email or contact us directly.
  • Data Portability: Request your data in a portable format where feasible.

To exercise any of these rights, contact us at [email protected] or call +1 470-408-3970.

12. Children's Privacy (COPPA)

Our website and SMS program are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us immediately and we will delete it promptly.

13. Changes to This Policy

We may update this Privacy Policy from time to time. We will notify you of material changes by updating the "Last Updated" date at the top of this page.

14. Contact Us