PRIVACY POLICY

Last Revised: July 23, 2018
 
Thank you for (a) visiting the 85°C Bakery Cafe website located at www.85cbakerycafe.com and www.85cafe.us (together, the “Website”), (b) accessing, downloading and/or using the 85°C Bakery Cafe mobile application (the “App”), and/or (c) participating in the 85°C Bakery Cafe Sweet Rewards Program (the “Program”). As used in this Privacy Policy, the Website, the App and the Sweet Rewards Program may each be referred to as a “Site” or collectively referred to as the “Sites.” Your privacy is important to Perfect 85 Degrees C, Inc., its subsidiaries and affiliated companies (collectively, “85°C,” “Company,” “we,” or “us”). This Privacy Policy describes how your information is collected, transferred, stored, disclosed, and used when you access or use the Sites. This Privacy Policy applies solely to information collected by 85°C via the Sites.
 
85°C reserves the right, at its sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time. It is your responsibility to check this Privacy Policy periodically for changes. Your continued use of the Site(s) following the posting of changes will mean that you accept and agree to the changes.
 
Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.
 
BY ACCESSING AND USING THE SITE(S), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS PRIVACY POLICY (ALSO LOCATED AT http://www.85cbakerycafe.com/privacy-policy/) AND OUR TERMS AND CONDITIONS LOCATED AT legal@85cbakerycafe.com. IF YOU DO NOT AGREE TO THESE TERMS OF THIS PRIVACY POLICY, DO NOT USE ANY OF THE SITES.
 
1. Collection and Use of Personal Information
“Personal information” means information that identifies any visitor/user of the Sites or could reasonably be used to identify such visitor/user and which is submitted to and/or collected by the Sites and maintained by 85°C, including information actively submitted by you and passively-collected information, as described below.
 
E-mail addresses and other personal information of visitors/users, such as a first and last name, birthdate, home or other physical address and telephone number, are known to 85°C only when voluntarily submitted, for example, via registration for the Program and other services and purchases made through the Sites, content submissions, suggestions or participation in online interactive activities. You may be asked to provide your personal information anytime you are in contact with us. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to your queries.
 
In addition, we may collect certain information by automated means. The information we collect may include your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring web site (if any), the pages you visit on our Sites and other information. We may use this information to operate, maintain, and manage our Sites and to provide services such as technical support. In addition, certain personal information may be collected using various technologies, such as cookies, Internet tags, and web beacons. As detailed more particularly below, the Sites may use cookies and other similar technologies to track visitor/user preferences.
 
The App and mobile versions of the Website may collect precise information about the location of your mobile device using location awareness technologies such as GPS, Wi-Fi, Bluetooth or cell tower proximity. 85°C uses this information for location-based services that you request such as locating nearby 85°C Bakery Cafes or identifying special offers that may be of interest to you, or personalizing your interactions with 85°C. For most mobile devices, you are able to withdraw your permission for 85°C to acquire this information on your location through the device settings. If you have questions about how to disable your mobile device’s location services, we recommend you contact your mobile device service provider or the device manufacturer. If you would like us to delete location information we have collected, please contact us at the email or postal address listed below. Please note that some functions may not function properly following deletion, and that we may be required by law to retain certain information. If you decide to use Website and/or App functionalities that require transmission of personal information, you must enable the relevant functions on your browser or the App to allow for the transmission of such information.
 
Here are some examples of the types of personal information we may collect and how we may use it.
 
A. What personal information we collect
• When you create an account, contact us or participate in an online survey, we may collect a variety of information including but not limited to your name, mailing address, phone number, email address, contact preferences, birthdate and credit card information.
 
• When you share your content with family and friends, send gift certificates and products, or invite others to participate in services, we may collect the information you provide about those people such as name, mailing address, email address, and phone number. 85°C will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes.
 
B. How we use your personal information
• The personal information we collect allows us to keep you posted on our latest product announcements, updates, and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by notifying us via our “Contact Us Form” or on the App by navigating to “Profile” on the side menu and editing your contact preferences.
 
• We also use personal information to help us create, develop, operate, deliver, improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
 
• We may use your personal information, including your date of birth, to verify identity, assist with identification of users, and to determine appropriate services.
 
• From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with 85°C, you may not opt out of receiving these communications.
 
• We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications.
 
• If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.
 
• We and our affiliates may share your personal information with each other and use it consistent with this Privacy Policy. We and they may also combine your personal information with other information to provide and improve our products, services, content, and advertising.
 
2. Collect and Use of Non-Personal Information
We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
 
• We may collect information such as race, gender, ethnicity, occupation, language, zip code, area code, referrer URL, location, and the time zone where a Site is being accessed so that we can better understand customer behavior and improve our products, services, and advertising.
 
• We may collect information regarding customer activities on the Sites and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of the Sites, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Private Policy.
 
• We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services.
 
If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
 
3. Disclosure to Third Parties
Personal information may be shared by 85°C with its vendors and service providers (including but not limited to, Cathy Bank, First Data, CitiBank, Google Analytics, Top Food News and Air Supply Communications) (all of the foregoing are hereinafter referred to collectively as “authorized recipients”), but in all instances the information will be used only for the purposes enunciated in this Privacy Policy. Without limiting the foregoing, this information may be used: (1) to process payments for purchases made on the Website and App; (2) to help 85°C better understand visitors’/users’ use of the Website and App; (3) to respond to specific requests from visitors/users; (4) to provide notices to visitors/users, such as marketing information, discount coupons and new product offerings; and (5) to protect the security or integrity of the Website and App. In addition, certain personal information may be submitted through the Sites necessary to provide services offered by the Sites.
 
4. Cookies and Other Similar Technologies
The Website and App may use “cookies” and other similar technologies. “Cookies” are small pieces of information that the Website and App and other websites may place on your computer’s hard drive to help the Website and App remember your preferences and provide information targeted to your interest and location. These technologies help us better understand user behavior, tell us which parts of the Website and App people have visited, and facilitate and measure the effectiveness of advertisement and web searches.
 
We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy. If you want to disable cookies, go to your browser’s preference to disable cookies. Please note that certain features of the Website and App may not be available once cookies are disabled.
 
As is true of most internet services, we may gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.
 
We use this information to understand and analyze trends, to administer the Website and App, to learn about user behavior on the Website and App, to improve our product and services, and to gather demographic information about our user base as a whole. 85°C may use this information in our marketing and advertising services. In some of our email messages and in-App notifications and other in-App functions, we use a “click-through URL” linked to content on other websites. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in these messages and functions.
 
5. Other Disclosures
It may be necessary – by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence – for 85°C to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public important, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
 
6. Protection of Personal Information
85°C takes the security of your personal information very seriously. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we make reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through the Sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.
 
It is your sole responsibility to maintain the confidentiality and security of any personal information which you transmitted from or stored on your mobile device or computer for purposes of the Sites, including financial and payment information, whether authorized or unauthorized. It is also your responsibility to immediately notify 85°C of any unauthorized transactions associated with the App or Sites, including any financial transactions, or any other breach of security. 85°C is not responsible for any losses arising out of the loss or theft of personal information which you transmitted from or stored on a device or from unauthorized or fraudulent transactions associated with the Sites.
 
7. Integrity and Retention of Personal Information
We make it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless longer retention period is required or permitted by law.
 
8. Access to Personal Information
You can help ensure that your information and preferences are accurate, complete, and up to date by logging into your account. In the event that 85°C decides to collect and hold personal information, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if 85°C is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.
 
9. Personal Information Related to Children
We understand the importance of taking extra precautions to protect the privacy and safety of children using our products and services. Accordingly, we do not knowingly collect, use or disclose person information from children under 13, or equivalent minimum age in the relevant jurisdiction.
 
Children are not eligible to use any portion of the Sites that require submission of personal information, and we require that children do not submit any personal information to us. This includes submitting personal information as part of a user profile or personalization profile. If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.
 
Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to create their own account or make purchases via the Sites.
 
10. Third-Party Sites and Services
The Website and App may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data, contact details, or payment information, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

11. Your California Privacy Disclosures
A. Shine the Light
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To make such a request, please send an email to legal@85cbakerycafe.com and please include the phrase “California Privacy Request” in the subject line, and provide us with your name, address and email address. We will respond to you within thirty days of receiving such a request.
 
B. Do Not Track
We do not track our customers over time and across third party websites to provide targeted advertising and therefore our servers not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. Third parties that have content embedded on the Website and App such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited the Website and App from a certain IP address. Third parties cannot collect any other personally identifiable information from the Website and App unless you provide it to them directly.
 
For the Website, you may opt-out of certain tracking by disabling cookies through your browser or by visiting the opt-outs provided by the Network Advertising Initiative and Digital Advertising Alliance. For the App, you may opt-out by downloading the Digital Advertising Alliance’s AppChoices tool at www.aboutads.info/appchoices and adjust the advertising preferences on your mobile device.
 
12. DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER
You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of this Privacy Policy will be resolved in accordance with the provisions set forth in this Dispute Resolution section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. You agree that whenever you have a disagreement with 85°C arising out of, connected to, or in any way related to this Privacy Policy, you will send a written notice to 85°C (the “Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted this Privacy Policy. You must send the Demand to the following address (the “Notice Address”): Legal Department, 85°C Bakery Cafe Business Center, 279 E. Imperial Hwy #710, Fullerton, Ca 92835. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after 85°C has received the Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and 85°C to litigate claims in court and you and 85°C each agree to waive your respective rights to a jury trial or a state or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow this Privacy Policy as a court would. You agree that you will not file any lawsuit against 85°C in any state or federal court. You agree that if you do sue in state or federal court, and 85°C brings a successful motion to compel arbitration, you must pay all fees and costs incurred by 85°C in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with 85°C. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
 
You agree that you will not file a class action or collective action against 85°C, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in this Privacy Policy, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you or 85°C agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
 
13. Contact Us
85°C welcomes your questions or comments regarding this Privacy Policy:
 
Email Address:
customerservice@85cbakerycafe.com
Telephone number:
(714) 459-1685