Last Revised: July 23, 2018
Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.
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.
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.
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
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.
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
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 firstname.lastname@example.org 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
13. Contact Us