Privacy Policy and Terms of Use

TERMS OF USE AND PRIVACY STATEMENT
LAST UPDATED AND EFFECTIVE DATE: June 15, 2012

Welcome to the web site (“Site”) of Panera Bread Foundation, Inc. (“Company” “we” or “us”), www.paneracares.org. We have set out below certain terms and conditions for use of this Site as well as the privacy provisions related to your use of this Site (this “Statement”). You agree to be bound by this Statement if you use this Site. If you do not agree with this Statement, do not use this Site. Be sure to check this page periodically for updates, as your continued use of this Site signifies your acceptance of any changed items.

The privacy provisions of this Statement apply only to personal information collected via this Site, and does not apply to personal information collected offline (such as information you may provide over the phone, via fax, when visiting a community cafe or any other website).

Our Business Structure
Panera Bread Foundation, Inc. is a 501(c)(3) non-profit organization which, among other thing, operates community cafes under the names Saint Louis Bread Co. Cares™ Community Cafe and Panera Cares® Community Cafe. While Panera, LLC provides assistance to us in operating these community cafes, we are separate companies. If you’re looking for information about Panera, LLC and/or Panera Bread bakery cafes, please visit www.panerabread.com.

Intellectual Property
Company uses service providers and other licensors/suppliers, and works with other third parties, to provide hosting of and otherwise facilitate this Site, to provide other services in support of this Site, to create this Site and its content, and in support of programs available through or described on this Site, including without limitation Panera, LLC, and each is hereinafter singly and collectively referred to as a “supplier”. PANERA, PANERA CARES, the Mother Bread logo, and other marks and logos are the intellectual property of Panera, LLC or its affiliated companies and are used on this Site with permission. This Site and all of its contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by Company, its supplier(s) or the party credited as the provider of the intellectual property. Additionally, this Site itself is protected by copyright as a collective work and/or compilation.

Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Company, its supplier(s) or any third party. This Site is provided free of charge and for informational purposes only and unless otherwise identified does not create a business or professional services relationship between you and Company.

No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Company. You may browse through this Site and occasionally download small amounts of materials appearing on this Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on this Site. You may not attempt to alter or modify the content posted on this Site. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any intellectual property on this Site, any software supporting this Site, or this Site itself. Non-Company-owned content may not be used without permission.

Proper Use of This Site
This Site is made available to provide information about Company, and Panera Cares community cafes in the United States. You may not use this Site for any purpose that is unlawful or prohibited by this Statement, or cause damage on or through this Site. You promise that none of your communications with or through this Site will violate any applicable local, state, national, international or other law. You further promise that none of your communications with or through this Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. You agree to defend, indemnify and hold Company and its supplier(s), and their respective officers, directors, employees and insurers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of this Site, including without limitation your use of this Site in a manner that violates or is alleged to violate this Statement, any of the foregoing statements, or any applicable law.

Third Party Provider Websites/ Links to Other Sites
This Site may provide links to third party supplier sites in addition to other web sites not operated by Company. For example, donations are collected by a third party. Access to any other sites linked to this Site is at your own risk. Such links do not imply, nor should you infer, Company’s association, sponsorship, affiliation or endorsement of material on any other site, and Company assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites. For example, Company does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party web sites, even if someone from our Company is quoted or leaves a comment or our marketing or other materials make reference to that party’s site. Your correspondence or business dealings with, or use of services from, the companies that operate third party web sites linked to this Site, including acceptance of donations, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such company and subject to the terms of use and privacy policy provided by such third party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of a third party provider offer of products or services on this Site or your use or purchase of any such product or service. Company assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites.

Although Company may open a new browser window when you click on a link to a third party’s site, we do not guarantee that you will receive this alert when you leave this Site. It is your responsibility to determine when you have left this Site.

Unless otherwise set forth in a written agreement between you and Company, you may link your web site to the home page of this Site, provided that you adhere to the following linking policy: (i) any link to this Site must be a text only link and clearly marked “Panera Cares Site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the names and trademarks on this Site, (iii) the link must “point” to the URL www.paneracares.org and not to other pages within this Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Company, (v) when selected by a user, the link must display this Site in full browser window and not within a “frame” on the linking site, and (vi) Company reserves the right to revoke its consent to the link at any time and in its sole discretion.

Feedback and Submissions
Submission of any remarks, suggestions, material, information, ideas or other communications (each a “submission”) to this Site will be deemed to transfer to Company all present and future ownership and intellectual property rights in such submission of every kind and nature, everywhere. All such submissions by you are voluntary, and Company has no obligation to treat such submissions as confidential or to compensate you for the submission. You promise that all such material, information and ideas are your own original works, and that they have not been published, publicly displayed, performed or transmitted in any manner whatsoever. In addition, you promise that you hereby waive all publicity rights and so-called “moral rights”. You agree that Company has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you with the submission. If any court determines that Company does not retain exclusive ownership of any such submissions, then Company retains a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submissions throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.

Information We Collect and How We Use It
You do not have to provide any personal information to us in order to use this Site, although this may limit your ability to take advantage of certain functionality. You control how much or how little personal information you submit to us. Information is collected about you (directly and/or through the activities of supplier(s)) from various sources, including without limitation (i) information you provide when you contact us though this Site, (ii) information you provide to the supplier processing any donation you make, or (iii) information we collect about you from outside the scope of this Site, including without limitation information we receive from you in person within community cafes, in connection with other donations made by you to Panera Bread Foundation, Inc, whether in a community cafe or otherwise.

Information collected about you may be combined, used and disclosed in a number of ways by us (directly and/or through the activities of supplier(s)), to help us better understand and serve the parties supporting and using our community cafes, including without limitation the following: (i) to administer the donation program and coordinate donation program activities, including without limitation accepting your donation, (ii) responding to your inquiries, (iii) to enhance experiences in community-cafes, on this Site and in the donation program, (iv) to analyze behaviors and trends, (v) in connection with governmental required disclosures, and (vi) to conduct research and analysis and to otherwise measure the effectiveness of our online and offline program efforts and to develop products, services, and other programs.

We use third party supplier(s) to facilitate this Site, to administer the donation program and provide other services to us, and will make information available to them as necessary for them to host this Site or to provide other services to Company. Whenever we do this, we require that our third party suppliers and service providers agree to maintain the confidentiality of the personal information provided to them. We do not sell or rent to third parties any of the personal information that you provide to us through this Site, or authorize any of our suppliers to sell or rent any such personal information. We do not authorize third parties to make independent use of your information for their own purposes, such as for direct marketing. However, aggregated information about individuals providing information to Company (directly or through supplier(s)) may be utilized by Company and/or the supplier(s) in connection with benchmarking and other like uses. Your personal information may be transferred to and within the United States, and certain of your personal information may be transferred to other countries. Please also see Security of Your Personal Information below.

Site Usage Information
Like most web sites, this Site gathers traffic patterns, site usage information and other data in order to evaluate our visitors’ preferences and the effectiveness of this Site. This usage data does not identify you individually and we do not associate it with other personal information. This usage data is used in aggregated form. We may share anonymous, aggregated statistics about visitors to this Site with others outside our Company, and we may allow third-parties to collect and aggregate data through this Site and/or supplier sites accessible from or through this Site.

This Site may use cookies, pixels, web beacons (described below) or other similar technology to enhance the browsing and usage experience on this Site, whether accessed through your computer or a mobile device. The information captured about your activities on this Site will make it possible for us, among other things, (i) to speed navigation; (ii) to remember information you gave to us so you don’t have to re-enter it each time you visit this Site; (iii) to monitor the effectiveness of certain of our marketing campaigns; and (iv) to monitor total number of visitors, pages viewed, web address you came from and type of browser you are using.

“Cookies” are small files or records that are stored on your computer’s hard drive when you visit a website. To opt out of receiving most cookies related to this Site, you can clear your browser(s) of all existing cookies, and set your browser(s) to refuse cookies. The “help” functionality of your browser(s) will explain how to do this. If you refuse cookies, your experience on this Site and using some of our online advertising may be affected — for example you may not be able to utilize all of the functions on this Site. A “pixel” or “web beacon” is a line of code which is used by a website or third party ad server to cause a cookie to track a user’s activity on particular sites and/or using particular advertising/links, for example, to record that a user has visited a particular webpage and to collect other information about that user on that site, including without limitation the IP address of the computer (and therefore infer information, such as geolocation), web pages being viewed, date/time viewed, and user activity on a particular page.

Press Information
If you are a member of the press, the Company will collect your name and contact information in order to respond to your inquiry submitted. We may store your personal information and inquiries for future reference.

Protecting Our Community
The law requires that we may be required to share your personal information and non-personal information pursuant to judicial or governmental subpoenas, warrants or other like orders. If we are required to do so, we will, of course, obey the law. In addition, notwithstanding any term to the contrary in this Statement, we reserve the right to use and disclose your personal and non-personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this Site’s Statement, and/or as required by law.

Children’s Privacy
Company recognizes the importance of protecting the privacy of children. We do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults at least eighteen years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is an 18 or older, or if he or she is under 18 that he or she is using this Site with the involvement of a parent or guardian. If a child has provided this Site with personally identifiable information, we ask that a parent or guardian e-mail us at info@paneracares.org, and we will promptly delete the child’s information from our records.

Security of Your Personal Information
Company operates secure data networks protected by industry standard firewall and password protected systems, and maintains physical, electronic and procedural safeguards to guard the integrity and privacy of these servers and of your personal information. We also require that the suppliers providing services supporting this Site use similar safeguards. Although we can’t guarantee that there will never be a security problem, we and our suppliers that have access to your information take commercially reasonable steps to guard against the loss, misuse or alteration of the information we collect on this Site.

Transfer of Assets or Business
In the event of a transfer or sale of some or all of our business or assets, Company may disclose your personal information to those involved in such a transfer or sale of business or assets.

Changing Your Information
If you need to update or verify your personal information, please contact us at Panera Cares, 3630 S. Geyer Road St. Louis, MO 63127. Upon request, Company will remove your personal information from our active database as soon as reasonably possible, unless we need to retain information for dispute resolution, troubleshooting and other valid legal or business reasons. Please note that we will not remove your historical usage information.

Your California Privacy Rights
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of Company who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@paneracares.org or write us at: Panera Cares, 3630 S. Geyer Road St. Louis, MO 63127.

Additional Terms
Company may terminate your access to this Site immediately without notice for any reason, including without limitation, in Company’s sole discretion, your actual or suspected failure to comply with any of the terms of this Statement. You may terminate this agreement, immediately without notice to us, at any time by discontinuing your use of this Site, and any information you have obtained from this Site. The paragraphs entitled Our Intellectual Property, Disclaimer of Warranty and Limitation of Liability, Feedback and Submissions, Additional Terms, and Governing Law and Jurisdiction shall survive termination of this Statement for any reason.

Company reserves the right to seek all remedies available at law and in equity for violations of this Statement, including suspending or blocking your access to this Site.

Disclaimer of Warranty and Limitation of Liability
Company does not guarantee the accuracy of information found on this Site. Your reliance on information found on this Site is at your own risk.

THIS SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY AND SUPPLIER(S) AND ANY SUPPLIER OF ANY WEBSITE ACCESSIBLE FROM OR THROUGH THIS SITE AND/OR THEIR CONTENTS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND INSUREDS (COLLECTIVELLY, “COMPANY PARTIES”) MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.

UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THIS SITE, ITS FEATURES AND/OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF COMPANY OR ANY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

NO COMPANY PARTY WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT COMPANY. COMPANY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of any Company Party to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less. You agree to bring any and all actions within one year (or any shorter period of time identified in any applicable statute of limitation) from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

Visitors Outside of the United States
This Site is operated by or for the Company and is maintained on servers located in the United States. The Company makes no representation that the information in this Site is appropriate or available for use outside of the United States, and access to this Site from territories where the content of this Site may be illegal is prohibited. If you access this Site from outside the United States, be advised this Site may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Site from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. This Statement and all policies and documents incorporated herein by reference constitute the entire agreement between Panera Bread and you with respect to the subject matter herein.

Personal information and non-personal information are stored on computers and servers located in the United States. The United States may not offer a level of privacy protection for personal information as great as that offered in other jurisdictions. Therefore the disclosure of personal information pursuant to this Statement is at your own risk. We make no representation that the practices described in this policy are compliant with laws outside of the United States that apply to the collection, security, use and disclosure of personal information.

Governing Law and Jurisdiction
This Statement and any disputes arising under or related to this Statement and/or this Site will be governed by United States federal law and the laws of the State of Missouri, United States, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in St. Louis County, Missouri, United States, where we have our headquarters. You agree to submit to the personal jurisdiction and venue of the courts of the State of Missouri, United States, for any legal proceeding involving this Site and/or this Statement regardless of who initiated the proceeding.

Miscellaneous

  • Email submissions over the Internet may not be secure. Please consider this fact before emailing any personal or confidential information.
  • No delay or failure by Company to enforce any of this Statement shall constitute a waiver of any of our rights under this Statement. The reliance of any person on our actions shall not be deemed to constitute a waiver of any part of this Statement. Only a specific, written waiver signed by an authorized representative of Company shall have any legal effect.
  • If any clause or provision set forth in this Statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
  • You may not transfer any of your rights or obligations under this Statement, in any way. All of our rights and obligations under this Statement are freely assignable for any reason, including without limitation, by operation of law or otherwise.
  • Please note that the headings contained in this Statement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Statement.
  • This English-language version of this Statement are the official statement of Company’s online terms of use and privacy practices. In case of any inconsistency between the English-language version of this Statement and its translation into another language, this English-language version controls.

Notice of Copyright Infringement Claims
Company is concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws. We may disable or terminate any user and remove or modify any content on this Site in our discretion. If you believe you have a copyright infringement claim resulting from material posted on this website, you may notify us by providing the following information to our designated agent, as required by 17 U.S.C. § 512:

  1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow us to locate the material;
  4. Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
  5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please provide your notification to our designated agent who may be contacted as follows:

Designated Agent: Patrice McInnis c/o Panera Bread Foundation
3630 S. Geyer Road
St. Louis, MO 63127
Tel: (314) 984-1000
Fax: (314) 909-3300
E-mail: info@paneracares.org

For More Information
If you have any questions regarding this Statement, please contact us by sending an email to info@paneracares.org or writing to us at 3630 S. Geyer Road St. Louis, MO 63127.

© 2012 Panera Bread Foundation. All Rights Reserved.