Legal

TERMS OF USE

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

Last Revised: September 25, 2018
1. Agreement to Terms of Use
These Terms of Use (these “Terms”) apply to your access to, and use of, any website of Perfect 85 Degrees C, Inc. or its subsidiaries and affiliated companies (collectively, “85°C”, “we” or “us”), including www.85cbakerycafe.com and www.85cafe.us (collectively, the “Site”). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the Site, including any content, functionality and services offered on or through the Site.
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85°C reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
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2. Privacy Policy
Your use of the Site is subject to 85°C’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
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3. Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
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4. Products and Pricing
All products, goods, services, features and their pricing and availability and any other information on the Site may be subject to change at any time without notice at our sole discretion. In addition, the inclusion of any products or services on the Site does not imply or warrant that these products, services, or features will be available at any time. We make no representations as to the accuracy, correctness or completeness of any information on the Site.
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We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We also reserve the right to discontinue any product, services or features at any time and may require verification of information prior to the acceptance and/or delivery of any products or services.
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Any offer for any product or services made on the Site is void where prohibited.
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5. Links to Other Sites; Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of 85°C and 85°C is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. 85°C is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 85°C of the site or any association with its operators.
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Certain services made available via the Site are delivered by third parties. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that 85°C may share such information and data with any third party with whom 85°C has a contractual relationship to provide the requested product, service or functionality on behalf of 85°C users and customers.
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6. Linking to the Site and Social Media Features
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our expressed written consent.
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The Site may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on the Site.
• Send e-mails or other communications with certain content, or links to certain content, on the Site.
• Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.
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You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.
We may disable all or any social media features and any links at any time without notice in our discretion.
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7. Your Use of the Site; Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to 85°C that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
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All content on the Site, such as texts, graphics, logos, images, as well as compilation thereof, and any software used on the Site, is the property of 85°C or its licensors and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
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You will not modify, publish, transmit, reserve engineer, participate in the transfer or sale, create derivative works, or in any way exploit the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the expressed written permission of 85°C and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of 85°C or our licensors except as expressly authorized by these Terms.
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8. Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
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By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or any other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Services; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
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85°C has no obligation to monitor the Communication Services. However, 85°C reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 85°C reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
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85°C reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 85°C’s sole discretion.
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Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 85°C does not control or endorse the content, messages or information found in any Communication Service and, therefore, 85°C specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
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Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
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9. Materials provided to 85°C or posted on the Site
85°C does not claim ownership of the materials you provide to 85°C (including feedback and suggestions via email or otherwise) or post, upload, input or submit to or through the Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting 85°C, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
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No compensation will be paid with respect to the use of your Submission, as provided herein. 85°C is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in 85°C’s sole discretion.
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By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
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10. Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
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Our designated Copyright Agent to receive DMCA Notices is:
85°C Copyright Agent
1415 Moonstone
Brea, California 92821
714-459-1685
legal@85cbakerycafe.com
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If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
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Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA
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11. International Users
The Site is controlled, operated and administered by 85°C from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use 85°C content accessed throughout the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 85°C makes no claims that the Site or any of its content is accessible or appropriate outside the United States.
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12. Indemnification
You agree to indemnify, defend and hold harmless 85°C, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services provided therein, any user postings made by you, your violation of Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 85°C reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will fully cooperate with 85°C in asserting any available defenses.
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13. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
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YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER 85°C NOR ANY PERSON ASSOCIATED WITH 85°C MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER 85°C NOR ANYONE ASSOCIATED WITH 85°C REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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85°C HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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14. Limitation of Liability
IN NO EVENT WILL 85°C, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
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THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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15. Governing Law and Jurisdiction
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California located in Orange County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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16. Arbitration
At 85°C sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
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17. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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18. Waiver and Severability
No waiver of by 85°C of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of 85°C to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
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If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
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19. Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. 85°C shall be free to use such information on an unrestricted basis.
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20. Contact Us
85°C welcomes your questions or comments regarding these Terms:
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85°C Bakery Cafe
1415 Moonstone
Brea, CA 92821
Attention: Customer Service
Email Address:
customerservice@85cbakerycafe.com
Telephone number:
714-459-1685
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Sweet Deals
Find out what’s new in our cafes. It’s your one-stop shop for all our up-to-date deals. LEARN MORE

The 85°C Story
85°C Bakery Cafe was founded with the philosophy of 5-star quality at affordable prices. LEARN MORE

Meet the Chefs

Great bread starts with great recipes. Great recipes start with great chefs. Learn more about the masters behind each delicious creation. LEARN MORE

PRIVACY POLICY

PRIVACY POLICY

For California Residents, please see CCPA Privacy Statement for specific information regarding your rights following the California Consumer Privacy Act of 2018.

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.
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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.
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Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.
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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.
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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.
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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.
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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.
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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.
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Here are some examples of the types of personal information we may collect and how we may use it.
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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.
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• 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.
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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.
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• 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.
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• We may use your personal information, including your date of birth, to verify identity, assist with identification of users, and to determine appropriate services.
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• 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.
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• We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications.
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• If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.
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• 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.
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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:
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• 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.
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• 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.
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• 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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13. Contact Us
85°C welcomes your questions or comments regarding this Privacy Policy:
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Email Address:
customerservice@85cbakerycafe.com
Telephone number:
(714) 459-1685
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Sweet Deals
Find out what’s new in our cafes. It’s your one-stop shop for all our up-to-date deals. LEARN MORE

The 85°C Story
85°C Bakery Cafe was founded with the philosophy of 5-star quality at affordable prices. LEARN MORE

Meet the Chefs

Great bread starts with great recipes. Great recipes start with great chefs. Learn more about the masters behind each delicious creation. LEARN MORE

CCPA PRIVACY STATEMENT

PRIVACY STATEMENT-CALIFORNIA

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of Perfect 85 Degrees C, Inc. and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
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Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
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Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. NO
G. Geolocation data. Physical location or movements. NO
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

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Personal information does not include:
• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
___o Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
___o Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
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We obtain the categories of personal information listed above from the following categories of sources:
• Directly from our customers, employees or applicants. For example, from documents that our employees provide to us related to their employment.
• Indirectly from our customers, employees or applicants. For example, through information we collect from our applicants in the course of pre-hire screenings.
• Directly and indirectly from activity on our website (www.85cbakerycafe.com) and mobile application. For example, from submissions through our website portal or website usage details collected automatically.
• From third-parties that interact with us in connection with the services we perform. For example, from background check and drug screening companies when we request pre-hire reports from them.
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Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information to obtain employment, we will use that information to prepare pre-hire screening and onboarding paperwork.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and u.
• To improve our website and present its contents to you.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our customers, employees, or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
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We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
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Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
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In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category I: Professional or employment-related information.
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We disclose your personal information for a business purpose to the following categories of third parties:
• Our affiliates.
• Service providers.
• Third parties to whom you or your representative authorize us to disclose your personal information in connection with products or services we provide to you.
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In the preceding twelve (12) months, we have not sold any personal information.
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Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
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Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
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• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
___o Sales, identifying the personal information categories that each category of recipient purchased; and
___o Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
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Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
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We may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
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Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
• Calling us at 714-459-1695.
• Visiting www.85cbakerycafe.com
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Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
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You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
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We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
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Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
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We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
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Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
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Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.
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Contact Information
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
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Phone: (714) 459-1695
Website: www.85cbakerycafe.com
Email: legal@85cbakerycafe.com
Postal Address:
85°C Bakery Cafe
Attn: Legal Department
1415 Moonstone
Brea, CA 92821
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Sweet Deals
Find out what’s new in our cafes. It’s your one-stop shop for all our up-to-date deals. LEARN MORE

The 85°C Story
85°C Bakery Cafe was founded with the philosophy of 5-star quality at affordable prices. LEARN MORE

Meet the Chefs

Great bread starts with great recipes. Great recipes start with great chefs. Learn more about the masters behind each delicious creation. LEARN MORE

ACCESSIBILITY STATEMENT

ACCESSIBILITY STATEMENT

At 85°C Bakery Cafe, we’re committed to ensuring that people with disabilities can enjoy access to the information on our websites.
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In recognition of this commitment, 85°C Bakery Cafe is in the process of modifying its website, www.85cbakerycafe.com, to increase the accessibility and usability of the website. In making these modifications, we will use the relevant portions of the Web Context Accessibility Guidelines 2.0 (WCAG 2.0) as our standard. Please be aware that our efforts are ongoing.
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To use the accessibility features: press TAB key once to open the Skip to Main Content Button; press TAB key twice to open the Accessibility Tool Bar. The Audio Reading function is still in development process. If, at any time, you need audio support, please call us at (714) 459-1685
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If, at any time, you have difficulty using www.85cbakerycafe.com or a particular web page or function on the site, please contact us by phone (714) 459-1685 or email customerservice@85cbakerycafe.com and we will make all reasonable efforts to assist you.
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Sweet Deals
Find out what’s new in our cafes. It’s your one-stop shop for all our up-to-date deals. LEARN MORE

The 85°C Story
85°C Bakery Cafe was founded with the philosophy of 5-star quality at affordable prices. LEARN MORE

Meet the Chefs

Great bread starts with great recipes. Great recipes start with great chefs. Learn more about the masters behind each delicious creation. LEARN MORE

Contact Us

CONTACT US

Thank you for visiting www.85cbakerycafe.com. We appreciate your interest in 85°C Bakery Cafe and our products. Please find above links to the corresponding legal content. Please direct any questions on the contents, or for specific inquiries regarding legal or personal matters to:
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Phone: (714) 459-1695
Website: www.85cbakerycafe.com
Email: legal@85cbakerycafe.com
Postal Address:
85°C Bakery Cafe
Attn: Legal Department
1415 Moonstone
Brea, CA 92821

Sweet Deals
Find out what’s new in our cafes. It’s your one-stop shop for all our up-to-date deals. LEARN MORE

The 85°C Story
85°C Bakery Cafe was founded with the philosophy of 5-star quality at affordable prices. LEARN MORE

Meet the Chefs

Great bread starts with great recipes. Great recipes start with great chefs. Learn more about the masters behind each delicious creation. LEARN MORE

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