Privacy Policy

Your privacy is important to Perfect 85 Degrees C, Inc. and its subsidiaries and affiliated companies (collectively, “85°C”, “we” or “us”). We have therefore developed this Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. This policy describes the types of information we may collect from you or that you may provide when you visit or access www.85cbakerycafe.com, www.85cafe.us or the 85°C App (collectively, the “Site”). 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, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS PRIVACY POLICY AND OUR TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

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 following the posting of changes will mean that you accept and agree to the changes.

1. Collection and Use of Personal Information

“Personal information” is information about a natural person that identifies or describes an individual, including, but not limited to, his or her name, physical description, home address, home telephone number, and financial matters readily identifiable to that specific individual.

You may be asked to provide your personal information anytime you are in contact with 85°C or an affiliated company. 85°C and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

Here are some examples of the types of personal information 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 your name, mailing address, phone number,  email address, contact preference, 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 announcement, 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”.
• 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.

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 the 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 Site 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 Site, 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. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.

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. Cookies and Other Technologies

The Site, online services, interactive applications, email messages and advertisements may use “cookies” and other technologies. “Cookies” are small pieces of information that the Site and other websites place on your computer’s hard drive to help the Site 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 Site 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.

85°C and our affiliates use cookies and other technologies to remember personal information when you use the Site, online services, and applications. Our goal in these cases is to make your experience with us more convenient and personal. If you want to disable cookies, go to your browser’s preference to disable cookies. Please note that certain features of the Site 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 Site, to learn about user behavior on the Site, 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, we use a “click-through URL” linked to content on the Site. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on the Site. 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 the email messages.

4. Disclosure to Third Parties

At times 85°C may make certain personal information available to strategic partners that work with 85°C to provide products and services, or that help 85°C market to customers. For example, the 85°C Sweets Rewards Program the 85°C App are powered by SCVNGR, Inc., doing business as LevelUp (“LevelUp”). Accordingly, when you create an account on the Site, or make purchases on the Site, you authorize 85°C and LevelUp to exchange the information you provide during the process to carry out your request. Therefore, in addition to being subject by this Privacy Policy, any information you provide will also be subject to LevelUp’s Terms of Service, Privacy Policy and any other policies contained or referenced therein. In addition, your personal information may be shared by 85°C to third parties to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

5. Service Providers

85°C shares personal information with companies who provide services such as information processing, fulfilling customer orders, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conduct customer research or satisfaction surveys. These companies are obligated to protect your information.

6. Others

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 if 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.

7. 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 Site or the 85°C App, 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 Site. 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 Site.

8. Integrity and Retention of Personal Information

85°C makes 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.

85°C does not retain credit or debit card information required to make purchases on the Site. All such data are retained and processed by LevelUp and, therefore, also governed by LevelUp’s Terms of Service, Privacy Policy and any other policies contained or referenced therein.

9. Access to Personal Information

You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging into your account. Your account is hosted by LevelUp and, therefore, also governed by LevelUp’s Terms of Service, Privacy Policy and any other policies contained or referenced therein.

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.

10. Children

We understand the importance of taking extra precautions to protect the privacy and safety of children using 85°C 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 services 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 Site.

11. Third-Party Sites and Services

The Site 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 – for example, the 85°C Sweets Rewards Program and the 85°C App are powered by LevelUp. 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.
12. International Users

All the information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy.

13. 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
85°C does not track its customers over time and across third party websites to provide targeted advertising and therefore does 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 Site 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 Site from a certain IP address. Third parties cannot collect any other personally identifiable information from the Site unless you provide it to them directly.

14. Contact Us

85°C welcomes your questions or comments regarding this Privacy Policy:

85°C Bakery Cafe
1415 Moonstone
Brea, CA 92821
Attention: Customer Service

Email Address:
customerservice@85cbakerycafe.com

Telephone number:
(714) 459-9585

Last Revised: 02/14/2016