PRIVACY POLICY

Last Updated: 7/14/2024

Introduction

The Acorn Cafe, LLC, doing business as Acorn Café (“Acorn Café,” “we,” “us” or “our”), respects your privacy. This Privacy Policy describes how we collect, use, disclose, retain and protect information when you: Visit our website, Use the Acorn Café mobile application, Create or use a customer account, Place an order for pickup or delivery, Participate in our loyalty or rewards program, Purchase or use a gift card, Sign up for emails, text messages or push notifications, Contact us or otherwise interact with Acorn Café; or Use another service that links to this Privacy Policy. Together, these are referred to as the “Services.”

This Privacy Policy is intended to provide notice about our information practices. It is not intended to create contractual rights beyond those required by applicable law.

WHO WE ARE

The Services are operated by:

The Acorn Cafe, LLC
Acorn Café
124 Matheson St.
Healdsburg, California 95448

Website: https://www.acornhealdsburg.com/
Email: info@acornhealdsburg.com
Telephone: 707.955.7001

SCOPE OF THIS PRIVACY POLICY

This Privacy Policy applies to information collected through the Services and through our direct interactions with customers. It does not apply to the independent information practices of third parties that do not process information on our behalf, including third-party websites, social-media platforms or delivery services that you access separately. When you use a third-party service, that provider’s own privacy policy may also apply.

INFORMATION WE COLLECT

The information we collect depends on how you interact with Acorn Café and which features you use.

Contact and identification information

We may collect: Name, Email address, Telephone number, Mailing address, Delivery address, Billing address, Account username or other account identifier; and Other information you provide when contacting us.

Customer-account information

When you create or use an account, we may collect, Login or authentication information, Account preferences, Saved locations, Saved favorites, Communication preferences, Order history, Loyalty-program participation, Rewards balances and redemptions; and Information connected to your account. Passwords and authentication credentials may be managed by our technology provider rather than directly by Acorn Café.

Order and transaction information

When you place an order or make a purchase, we may collect: Items ordered, Food modifications and special instructions, Pickup or delivery selection, Order date and time, Order location, Delivery instructions, Order total, Taxes, fees and gratuity, Promotional codes, Loyalty rewards used or earned, Payment status, Refunds and adjustments; and Information related to missing, incorrect or disputed orders. Special instructions may reveal information about dietary preferences or allergies. Please do not include unnecessary medical or other sensitive information in an order note.

Payment information

Payments may be processed by Toast or another third-party payment processor. The payment processor may collect information such as: Payment-card number, Card expiration date, Security code, Billing information, Digital-wallet information; and Other information necessary to authorize and complete a payment.

Acorn Café generally does not receive or store your complete payment-card number. We may receive limited transaction information, such as: Payment status, Transaction identifier, Payment method or card brand, The last four digits of a payment card, Purchase amount; and Refund or chargeback information. Payment processors handle payment information according to their own privacy policies and legal obligations.

Loyalty and rewards information

If you participate in a loyalty or rewards program, we may collect: Membership or account identifier, Eligible purchases, Points or rewards earned, Rewards redeemed, Promotional eligibility, Account activity, Birthday or similar optional information, when requested; and Information used to investigate suspected fraud or misuse.

Device and technical information

When you use our website or application, we or our service providers may automatically collect: Internet Protocol address, Device type, Device identifier, Browser type, Operating system, Mobile carrier, Application version, Language and regional settings, Referring website, Date and time of access, Crash reports, Performance information; and Other technical information needed to operate and secure the Services. Device identifiers and similar technical information may be considered personal information under applicable law.

Usage information

We may collect information about how you interact with the Services, including: Pages or screens viewed, Features used, Links or buttons selected, Search activity, Ordering activity, Session duration, Navigation paths, Application events, Error and diagnostic information; and Responses to promotions or communications.

Location information

Depending on the features you use, we may collect: A delivery address you enter, A pickup location you select, Approximate location inferred from your IP address; or Device location, if you choose to grant the application location permission. We do not collect precise device location unless the application requests permission and you choose to provide it. You can change device-location permissions through your device settings. Certain location-dependent features may not function correctly if permission is disabled.

Communications and customer-service information

When you contact us, we may collect: Your name and contact information, The content of your message, Order information, Photos or documents you provide, Feedback or survey responses, Complaint details; and Records of our response. Please do not send complete payment-card numbers or other highly sensitive information by email.

Marketing and notification information

If you subscribe to marketing communications, we may collect: Email address, Telephone number, Marketing preferences, Subscription status, Push-notification settings, Whether a communication was delivered, opened or selected; and Information about your interaction with a promotion.

Gift-card information

If gift cards are offered, we may collect: Purchaser and recipient information, Gift-card number or identifier, Balance, Purchase and redemption history, Delivery information; and Messages submitted with a digital gift card.

Information from service providers and other sources

We may receive information from providers that support: Online ordering, Payment processing, Loyalty and rewards, Delivery, Website and application hosting, Analytics, Customer communications, Fraud prevention, Gift cards, Technical support, and Business operations. We may combine information received from these providers with information we collect directly.

HOW WE COLLECT INFORMATION

We may collect information: Directly from you, from your device or browser, through cookies and similar technologies, from Toast or another ordering and loyalty provider, from payment processors, from delivery providers, from analytics and technical-service providers, from social-media platforms when you choose to interact with us there; and from publicly available or legally permitted sources.

COOKIES AND SIMILAR TECHNOLOGIES

Our website and service providers may use cookies, pixels, software development kits and similar technologies. These technologies may be used to: Keep the website and application functioning, remember preferences, maintain sessions; understand website and application usage, measure performance, identify technical problems, prevent fraud, improve our Services; and measure the effectiveness of our communications.

Some cookies are necessary for the Services to operate. Others may be used for analytics or marketing, depending on the tools enabled on our website or application. You may be able to manage cookies through your browser or through any cookie-preference tool made available on our website. Disabling cookies may limit certain features.

ANALYTICS

We may use analytics providers to understand how customers use our website and application. Analytics information may include: device and browser information, approximate location, application events, pages or screens viewed, session activity, crash and performance information; and general interaction data. We use this information to maintain, troubleshoot and improve the Services. We will not describe analytics information as anonymous or non-personal when it can reasonably be connected to a device, account or individual.

ADVERTISING AND CROSS-CONTEXT BEHAVIORAL ADVERTISING

Acorn Café does not intend to sell personal information for money. We may use ordinary marketing tools to measure promotions or communicate with customers. Some online advertising or analytics technologies may be treated as “sharing” personal information for cross-context behavioral advertising under certain privacy laws, depending on how they are configured.

Targeted advertising is used:
We may use advertising technologies to measure campaigns or present advertisements based on activity across websites or applications. Where required by law, we provide a method to opt out of this sharing or targeted advertising.

HOW WE USE INFORMATION

We may use information to: Provide the Services (create and manage customer accounts; accept and fulfill orders, process payments, provide pickup and delivery, maintain order history, manage loyalty points and rewards, issue receipts, process refunds, provide gift cards, and respond to customer requests.

Communicate with you: Send order confirmations, provide pickup or delivery updates, send account and security notices, respond to questions or complaints, communicate about rewards, provide important service updates, and send marketing communications when permitted.

Operate and improve our business: Understand customer preferences, analyze ordering and usage patterns, improve menu offerings and customer experience, maintain and improve the website and application, troubleshoot technical issues, develop new features, train staff, conduct internal reporting; and plan business operations.

Protect Acorn Café and others: Authenticate users, prevent fraud, detect unauthorized transactions, investigate misuse of promotions or rewards, protect customer, employee and business safety, enforce our Terms of Service, secure our systems; and establish, exercise or defend legal claims.

Comply with legal obligations: Maintain transaction and tax records, respond to lawful requests, comply with court orders, address food-safety or product concerns, cooperate with regulators and law enforcement, meet accounting and record keeping obligations; and fulfill other legal requirements.

With your direction or consent: We may use information for another purpose when you direct us to do so or provide consent.

HOW WE DISCLOSE INFORMATION

We may disclose information to the following categories of recipients.

Ordering, application and loyalty providers

We may disclose information to Toast or another provider that supports: Online ordering, Customer accounts, Mobile applications, Loyalty and rewards, Payments, Gift cards, Customer communications; and Restaurant operations.

Payment processors

Payment processors receive information necessary to authorize, process and document payments, refunds and disputes.

Delivery providers

For delivery orders, we may provide delivery partners with: Customer name, Telephone number, Delivery address, Delivery instructions, Order information; and information needed to complete or troubleshoot delivery. Delivery providers may also collect information directly from you under their own privacy policies.

Technology and business-service providers

We may disclose information to providers that support: Website and application hosting, Cloud storage, analytics, email and text communications, push notifications, customer support, cybersecurity, fraud detection, accounting, professional services; and business administration. These providers may use information only as permitted by their agreements with us and applicable law.

Professional advisors

We may disclose information to: Attorneys; Accountants, Auditors, Insurers. Consultants; and Other professional advisors.

Legal and safety recipients

We may disclose information when we reasonably believe disclosure is necessary to: Comply with applicable law, respond to a subpoena, court order or lawful government request, investigate fraud or unlawful conduct, enforce our agreements, protect Acorn Café’s rights or property, protect the safety of customers, employees or others; or respond to an emergency.

Business transfers

Information may be disclosed or transferred in connection with: A merger, Acquisition, Financing, Reorganization, Sale of assets, Change of control, Bankruptcy; or Similar business transaction. Any successor may continue to use information as described in this Privacy Policy, unless another notice is provided.

At your direction

We may disclose information when you ask or authorize us to do so.

Aggregated or de-identified information

We may use or disclose information that has been aggregated or de-identified so that it cannot reasonably be connected to a particular person. We will not attempt to re-identify de-identified information except as permitted by law.

MARKETING EMAILS

You may unsubscribe from promotional emails by:

• Selecting the unsubscribe link in the message; or

• Contacting us at info@acornhealdsburg.com.

Even after opting out of promotional emails, you may continue to receive transactional communications, such as order confirmations, receipts, account notices and service messages.

TEXT MESSAGES

If you provide consent to receive promotional text messages: Consent is not a condition of purchase, message frequency may vary, message and data rates may apply; and you may opt out by replying STOP or following the instructions in the message. You may continue to receive necessary transactional text messages when permitted by law.

PUSH NOTIFICATIONS

The mobile application may send push notifications concerning: Orders, Rewards, Account activity, Promotions; and Service updates. You may change push-notification permissions through your device settings.

YOUR ACCOUNT AND PRIVACY CHOICES

Depending on the features available, you may be able to: Review or update account information, update communication preferences, disable device permissions, unsubscribe from marketing, request access to certain information, request correction of inaccurate information, or request deletion of your account and associated information.

To submit a privacy request, contact:

Email: info@acornhealdsburg.com.
Web request page:acornhealdsburg.com/privacy-policy

We may need to verify your identity before completing a request. We will not discriminate against you for exercising a privacy right provided by applicable law.

ACCOUNT AND DATA DELETION

If the application allows account creation, you may initiate account deletion through the account settings or deletion feature within the application. You may also request account and data deletion outside the application by contacting us at info@acornhealdsburg.com.

Deleting the application from your device does not automatically delete your customer account.

Following a verified deletion request, we will delete or de-identify information associated with your account unless retention is necessary or permitted for purposes such as: Completing a pending transaction, processing a refund, maintaining tax, accounting or transaction records, detecting or preventing fraud, addressing chargebacks or disputes, complying with legal obligations, protecting safety and security, responding to food-safety concerns; or establishing, exercising or defending legal claims.

Deleting your account may result in the permanent loss of: Order history, Saved preferences, Loyalty points, Rewards, Promotional offers; and other account-related information. We may not be able to restore a deleted account.

CALIFORNIA PRIVACY NOTICE

This section provides additional information for California residents.

Categories of personal information

Depending on how you interact with us, we may collect the following categories of personal information:

• Identifiers, such as name, email address, telephone number, IP address and account identifier;

• Customer-record information, such as address, payment-related information and transaction history;

• Commercial information, such as products purchased, order history and loyalty activity;

• Internet or electronic-network activity, such as browsing, application usage and interaction information;

• Geolocation information, such as delivery location, approximate IP-based location or device location when enabled;

• Audio, electronic or visual information, such as customer-service communications or images voluntarily submitted;

• Inferences, such as preferences derived from order history; and

• Sensitive personal information only when voluntarily provided or necessary for a specific feature, such as account credentials or precise location when enabled.

Sources

We may collect information: Directly from you, Automatically from devices and browsers, from Toast and other ordering providers, from payment processors, from delivery providers, from analytics and communications providers, and from other legally permitted sources.

Business purposes

We may use these categories for the purposes described in this Privacy Policy, including: Providing and improving the Services, processing orders and payments, maintaining accounts and loyalty programs, communicating with customers, preventing fraud, protecting security, conducting analytics, complying with law, and supporting business operations.

Disclosures

We may disclose these categories to the recipients described in Section 9, including: Ordering and loyalty providers, Payment processors, Delivery providers, Technology providers, Professional advisors, Government or legal recipients, and Parties involved in a business transfer.

Sale and sharing

We do not knowingly sell personal information in exchange for money. Our use of analytics, advertising or marketing technologies may be considered a sale or sharing under California law if those technologies are configured to support cross-context behavioral advertising.

California privacy rights

When applicable, California residents may have the right to: Know the categories and specific pieces of personal information collected, know the sources, purposes and categories of recipients, request deletion, request correction, opt out of the sale or sharing of personal information, limit certain uses of sensitive personal information; and receive equal service and pricing when exercising privacy rights.

Not every right applies in every circumstance, and some information may be exempt from a request.

To exercise an applicable right, contact:

Email: info@acornhealdsburg.com.

We may verify your request by asking for information that reasonably matches our records. An authorized agent may submit a request on your behalf when the agent provides appropriate authorization and we can verify your identity.

Shine the Light

California Civil Code Section 1798.83 may allow certain California residents to request information regarding disclosures of personal information to third parties for their direct-marketing purposes. Acorn Café does not disclose personal information to third parties for their own direct-marketing purposes without permission.

Questions may be directed to info@acornhealdsburg.com.

GLOBAL PRIVACY CONTROL AND DO NOT TRACK

Some browsers and extensions offer privacy signals, including Global Privacy Control. Where required by applicable law, we will process recognized opt-out preference signals as a request to opt out of the sale or sharing of personal information for the browser or device sending the signal. Other “Do Not Track” signals are not governed by a uniform industry standard. Unless otherwise required by law, our Services may not respond to every Do Not Track signal.

CHILDREN’S PRIVACY

The Services are not directed to children under 13, and we do not knowingly collect personal information directly from children under 13. Customers under the age of legal majority should use the Services only with the involvement of a parent or legal guardian. If you believe a child under 13 has provided personal information to us, contact info@acornhealdsburg.com. We will review the request and take appropriate action.

DATA RETENTION

We retain personal information only for as long as reasonably necessary for the purposes described in this Privacy Policy, including: Providing the Services, maintaining customer accounts, completing transactions, managing loyalty and rewards, processing refunds and disputes, complying with tax, accounting and legal obligations, preventing fraud, protecting safety and security; and establishing or defending legal claims.

Retention periods vary depending on: the type of information, the purpose for which it was collected, the length of the customer relationship, legal and contractual requirements, fraud and security needs; and whether the information is needed for an unresolved dispute.

When information is no longer reasonably necessary, we may delete, aggregate or de-identify it. Information maintained by third-party providers is also subject to their retention practices and legal obligations.

19. DATA SECURITY

We use reasonable administrative, technical and physical safeguards designed to protect personal information. However, no website, application, internet transmission, storage system or security measure is completely secure. We cannot guarantee absolute security. You are responsible for: Protecting your account credentials, using a secure device, logging out of shared devices; and promptly notifying us of suspected unauthorized account activity. If we become aware of a data-security incident, we will investigate and provide notice as required by applicable law.

20. INTERNATIONAL USERS

Acorn Café is located in the United States and primarily serves customers in the United States. Information may be processed and stored in the United States or in another country where our providers operate. Privacy laws in those locations may differ from the laws where you reside. We do not represent that the Services are designed to comply with every privacy law outside the United States.

21. THIRD-PARTY LINKS AND SERVICES

The Services may contain links to third-party websites or services, including: Social-media platforms, Mapping services, Delivery services, Payment providers, and other external resources.

We are not responsible for the privacy or security practices of independent third parties. Review the applicable third party’s privacy policy before providing information directly to that service.

22. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time. When we update it, we will change the “Last Updated” date at the top of the policy. For material changes, we may provide additional notice through, the website; the application, Email, a prominent notice; or another reasonable method. Changes apply beginning on their stated effective date.

23. CONTACT US

Questions, privacy requests and complaints may be directed to:

The Acorn Cafe, LLC
Acorn Café
124 Matheson St.
Healdsburg, California 95448

Privacy email: info@acornhealdsburg.com.
Website:https://www.acornhealdsburg.com/
Telephone: 707.955.7001