Privacy Policy:

Please Read This Privacy Policy Before Accessing or Using the Services. Sweet Mamas 2 LLC, d/b/a Polly’s Café (“Polly’s Café”, “we”, “us, or “our”) is committed to safeguarding your personal information. We have adopted and this this privacy policy (“Privacy Policy”) to further our goal of protecting your personal information across any website, mobile application, or other online platform that we own, control, and/or operate (“Sites”). This Privacy Policy applies only to the Sites and applies only to information that you provide us or that we collect in connection with your use and/or access of the Sites. This Privacy Policy is also governed by and expressly incorporated into our Website Terms and Conditions.

This purpose of this Privacy Policy is to describe how and when POLLY’S CAFÉ collects, uses and shares your information when you use and/or access our Sites, including when you retain any services we provide either through our Sites, virtually, or in person (“Services”) or otherwise communicate with us. BY ACCESSING OR USING OUR SITES, SOLICITING AND/OR USING OUR SERVICES, OR COMMUNICATING WITH US, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY OR THE TERMS AND CONDITIONS, DO NOT ACCESS OR USE OUR SITES OR SERVICES.

Your information is controlled by POLLY’S CAFÉ, and you hereby authorize us to use your information anywhere we operate.

If you have any questions or comments about this Privacy Policy, please contact pollyscafe766@gmail.com. 

Information Collection and Use

User-Provided Information: Through accessing our Sites, retaining our Services, and/or communicating with us, you will provide certain personal information required for us to provide the Services or communicate with you. Such information includes, but is not limited to, your full name, email address, phone number, date of birth, business name (where applicable), social media information, physical address, property ownership information, information necessary to process a payment, and any other information required for providing the Services and/or communicating with you. You understand that failing to provide any information requested may result in us being unable to provide the Services or communicate with you.

Cookies: Like many websites, we use cookies and similar technologies to collect additional website usage data and to improve our Services and the function of our Sites. A cookie is a small data file that is transferred to your computer or mobile device. Polly’s Café may use both session cookies and persistent cookies to better understand how you interact with our Services and Sites, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services and/or functionality of our Sites. Most Internet browsers automatically accept cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies. 

Log Data: When you use our Sites, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive Log Data when you interact with our Sites. We may also receive Log Data when you click on, view or interact with links on our Sites, including links to third-party Sites, or purchase Products.

Geolocation Data: We may collect data related to your physical location while you are using the Sites. 

Use. Polly’s Café will generally only use your data as necessary for providing Services, communicating with you, improving the way we provide Services and the functionality of the Sites, marketing and promotion purposes, and for investigative or legal purposes. No use shall violate the attorney-client privilege when such privilege applies.

Information Sharing and Disclosure

We do not disclose your private personal information except in the limited circumstances described here.

User Consent or Direction: We may share or disclose your information at your direction. We also will disclose or use your information as reasonably necessary to provide you Services 

Other Third Parties: We will share your information as necessary to third parties as necessary to provide the Services or to carry out other activities related to the Services and/or Sites but in a manner in full compliance with the Rules of Professional Conduct.

Law and Harm: Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your information if we believe that it is reasonably necessary and permitted under the Rules of Professional Conduct. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

California Privacy Rights

Under the California Consumer Privacy Act (“CCPA”) California residents have certain rights and privileges. You can exercise any of the following rights by notifying us as described below:

• Disclosure Request. Upon request and when possible, we will disclose the categories and specific pieces of personal information we have collected about you. Additionally, you may also obtain the categories of information about you that we have sold, the categories of third parties to whom the information was sold, and the categories of personal information that we disclosed about you for a business purpose. You may submit these requests via email to pollyscafe766@gmail.com. When such a request cannot be honored, we will advise you accordingly. 

• Deletion. If you should wish to cease use of our Sites and have your personal data deleted from our Sites, then you may submit a request by emailing us at pollyscafe766@gmail.com.  Upon receipt of a verifiable request for deletion, we will confirm receipt and will confirm once your personal data has been deleted.  To exercise this right via email, simply type the words “Personal Data Deletion” in the subject line of your email.

• Right to Sue for Security Breaches. You also have the right to sue in the event your nonencrypted or nonredacted personal information, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of our violation of the duty to implement and maintain reasonable security procedures and practices. Prior to exercising this right, you must provide us with 30 days’ written notice by emailing us atpollyscafe766@gmail.com. and providing us with an opportunity fix this violation.

We reserve the right to ask for information verifying your identity and residency prior to disclosing any information to you or acting on your request.  Should we ask for verification, the information you provide to verify your identity and residency will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete. We strive to respond to your request within 45 days of receiving a verifiable consumer request however, we reserve the right to respond within 90 days when reasonably necessary.

Except as provided herein, we will not disclose or share your personal information with third parties for the purposes of third-party marketing to you without your prior consent. 

Our Policy Towards Children

Our Services are not directed to persons under 18. If you become aware that your child has provided us with personal information without your consent, please contact us here: pollyscafe766@gmail.com. In compliance with the Children’s Online Privacy Protection act of 1998, we do not knowingly collect personal information from children under 18 without parental consent. If we become aware that a child under 18 has provided us with personal information, we will take steps to remove such information and terminate the child’s account. 

EU Safe Harbor Framework

Polly’s Café strives to comply with the U.S.-E.U. and U.S.-Swiss Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, please visit https://www.ftc.gov/business-guidance/privacy-security/us-eu-safe-harbor-framework.

Changes to this Policy

We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at (https://www.pollyscafenyc.com/). If we make a change to this policy that, in our sole discretion, is material, we will notify you via email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

Terms and Conditions:

Effective Date: June 17th, 2026.

This User Agreement (“Agreement”) is made between you (either an individual or an entity, referred to herein as “you”) and Sweet Mamas 2 LLC, d/b/a Polly’s Café (“Polly’s Café”), on behalf of itself and its affiliates (collectively, “POLLY’S CAFÉ”), and governs your access to and use of Polly’s Café’s websites, mobile Sites, or other online platform that we own, control, and/or operate (“Sites”) and your use of the services provided therein or in connection with such use or access (“Services”) or any other use/or access of our Sites..

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, INCLUDING WITHOUT LIMITATION ANY LINKED TERMS & CONDITIONS OR PRIVACY POLICY APPEARING OR REFERENCED BELOW, WHICH ARE HEREBY MADE PART OF THIS AGREEMENT. BY USING THE SITES OR SERVICES OR OTHERWISE VISITING OR USING OUR SITES, YOU ARE AGREEING THAT YOU HAVE READ, AND THAT YOU AGREE TO COMPLY WITH AND TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR OTHERWISE USE THE SITES OR SERVICES. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE THAT YOU AGREE TO ITS TERMS AND CONDITIONS (“EFFECTIVE DATE”).

THESE TERMS AND CONDITIONS MAY BE UPDATED AT ANY TIME IN POLLY’S CAFÉ’S SOLE DISCRETION. YOUR CONTINUED USE OF THE APPLCIATIONS OR SEVICES AFTER SUCH CHANGES SHALL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES

IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY. YOU MAY NOT USE THE LICENSED MATERIAL AND MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH POLLY’S CAFÉ, OR YOU ARE BARRED FROM USING OR RECEIVING THE LICENSED MATERIAL UNDER APPLICABLE LAW.

1. Definitions

1. User: An individual or entity that accesses and/or uses the Sites for any purpose. 

2. Services: Advice, uses, or labors offered through our business and solicited via our Sites.

3. Goods: Any tangible product sold through our Sites.

4. Content: Services, Trademarks, Tradenames, Techniques, Styles, Photographs, Videos, Materials, and any other data and/or information made available through the Sites or by any other means authorized by Polly’s Café, and any copies and derivative works thereof. Content expressly includes any data relating to Services.

5. Licensed Materials: Services and Content, collectively.

2. General Use

By using or accessing our Sites and/or utilizing our Services, you hereby warrant and represent that you are at least 18 years of age. If you are not 18, you must have the permission of an adult parent or guardian to use our Sites who can legally agree to this Agreement on Your behalf and who will be responsible for your use of our Sites.

Further, by using our Sites or utilizing any Services, you consent to receive electronic communications from Polly’s Café, including through any newsletter or other promotional method we utilize. 

3. Restrictions on Use of Sites and Services

You will not or attempt to:

1. Reverse engineer, decompile, disassemble, or translate the Sites or Services, or other Polly’s Café property, or otherwise attempt to derive the source code, formulae, techniques, trade secrets or know-how in or underlying the Sites, Services, or other Polly’s Café property, or any portion thereof. 

2. Interfere with, modify, disrupt or disable features or functionality of the Sites,  Services, or other Polly’s Café property, including, without limitation, any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Sites or other Polly’s Café property, unless otherwise authorized by this Agreement or in writing by Polly’s Café; 

3. Sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Sites, Services, or other Polly’s Café property to any third party except as expressly permitted herein or otherwise in writing by Polly’s Café; 

4. Permit other individuals or entities to create links to the Sites or other Polly’s Café property on any other server, or wireless or Internet-based device, or otherwise make available to a third party, any token, key, password, or other login credentials to the Sites or other Polly’s Café property, except as expressly authorized; or 

5. Use the Sites, Services or other Polly’s Café property for any illegal, unauthorized or other improper purposes.

4. Payments, Returns, and Refunds

Users who purchase Goods or Services through our Sites shall pay for orders in advance. Once an order is placed, returns are not available for any perishable or edible Goods. If you receive any Goods in spoiled, unsanitary, or inedible condition, your sole remedy shall be to contact the location from which the Goods were purchased and, upon presentation of reasonable evidence (such as a photo or vide), Polly’s Café, in its sole, reasonable discretion, may issue a replacement or refund.

5. Representations By Users

By Accessing our Sites, soliciting and/or retaining Services, or purchasing Materials or Goods, you hereby represent and warrant that:

1. You have the legal right arrange for the provision of Services or purchase of Goods;

2. You are the owner of all information provided to Polly’s Café or you have secured all necessary licenses, permits, and other permissions necessary to provide information to Polly’s Café for any use contemplated by this Agreement;

3. You are of at least eighteen (18) years of age;

4. You will not retain our Services or purchase our Goods for any illicit or illegal purposes.

6. Communication

You hereby authorize Polly’s Café to communicate with you using any information you provide to Polly’s Café.

7. Ownership and Feedback

1. Ownership. The Licensed Materials are licensed are not sold, and Polly’s Café retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that Polly’s Café retains all worldwide right, title and interest in and to the Licensed Material and Content, including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all Sites therefor), and all proprietary rights under the laws of the United States, any other jurisdiction or any treaty (“IP Rights”). You agree not to do anything inconsistent with such ownership, including without limitation, challenging Polly’s Café’s ownership of Polly’s Café’s trademarks, challenging the validity of the licenses granted herein, or otherwise copying or exploiting Polly’s Café trademarks during or after the termination of this Agreement, except as specifically authorized herein. If you acquire any rights in Polly’s Café trademarks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Polly’s Café, immediately assign such rights to Polly’s Café.

2. Feedback. You may provide Polly’s Café with comments concerning the Licensed Material, Services, or any other item contemplated by this Agreement, or your evaluation and use thereof (collectively, “Feedback”). You hereby grant Polly’s Café all rights, title, and ownership of such Feedback (including all intellectual property rights therein), and Polly’s Café may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to you. Such feedback shall be treated as both non-confidential and non-proprietary and your provision of Feedback shall impose no obligation on the Firm 

8. Other Important Terms

1. User Protection. You will not knowingly: 1) allow or assist any government entities, law enforcement, or other organizations to conduct surveillance on or an investigation into the Licensed Materials or other Firm property or Content or any other information that would require a subpoena, court order, or other valid legal process, or that would otherwise have the potential to be inconsistent with users’ reasonable expectations of privacy; or 2) display, distribute or otherwise make available Content to any person or entity that You reasonably believe will use such data to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/). 

2. Updates. You acknowledge and understand that the Sites will need to be updated from time to time. You further acknowledge that this Agreement applies to any updated Sites.

3. Additional Warranty Disclaimer. THE SITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WE FURTHER MAKE NO WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES OR FROM POLLY’S CAFÉ SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES. 

4. Indemnification. You shall defend Polly’s Café against any and all actions, demands, claims and suits (including without limitation product liability claims), and indemnify and hold Polly’s Café harmless from any and all liabilities, damages and costs (including without limitation reasonable attorneys’ fees) to the extent arising out of your use of the Licensed Materials or other use of the Content in any manner. In the event Polly’s Café seeks indemnification or defense from you under this provision, Polly’s Café will promptly notify you in writing of the claim(s) brought against Polly’s Café for which it seeks indemnification or defense. Polly’s Café reserves the right, at its option and sole discretion, to assume full control of the defense of claims with legal counsel of its choice. You may not enter into any third-party agreement, which would, in any manner whatsoever, affect the rights of Polly’s Café, constitute an admission of fault by Polly’s Café or bind Polly’s Café in any manner, without the prior written consent of Polly’s Café. In the event Polly’s Café assumes control of the defense of such claim, Polly’s Café shall not settle any such claim requiring payment from you without your prior written approval.

5. Limitation of Liability. IN NO EVENT WILL POLLY’S CAFÉ BE LIABLE TO YOU OR ANY OTHER USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS FROM THE SITES OR RESULTING FROM YOUR USE OF SUCH MATERIALS OR FROM YOUR ACCESS OF THIRD-PARTY LINKS VIA THE SITES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW OR THE PROFESSIONAL RULES OF CONDUCT. INSOFAR AS APPLICABLE LAW OR THE PROFESSIONAL RULES OF CONDUCT PROHIBIT ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW AND RULES OF PROFESSIONAL CONDUCT. 

6. No Advice. Nothing on our Sites is intended to be nor should be construed as professional or other advice unless otherwise explicitly stated. 

7. Miscellaneous. This Agreement constitutes the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications unless and until we enter into a retainer agreement to provide legal Services. Any attempted assignment in violation of this paragraph is null and void, and Polly’s Café may terminate this Agreement. This Agreement does not create or imply any partnership, agency, representation, or joint venture. This Agreement shall be governed by and construed according to the laws of the State of New York, without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction. Any claim, complaint, or dispute that arises out of or relates in any way to this Agreement, shall be subject to the exclusive jurisdiction of the state and federal courts located in Kings County, New York. All costs and expenses including all reasonable attorneys’ fees will be awarded to the prevailing party in any dispute. ANY PROCEEDINGS, INCLUDING ANY LITIGATION, BROUGHT TO RESOLVE ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AGAINST FIRM SHALL BE BROUGHT AND CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO ASSERT OR PARTICIAPTE IN ANY CLAIMS AGAINST FIRM AS A REPRESENATIVE, MEMBER, OR OTHERWISE IN ANY CLASS OR REPRESENTATIVE ACTION AND NO INDIVIDUAL ACTIONS SHALL BE COMBINED OR CONSOLIDATED FOR ANY REASON EXCEPT AS PROHIBITED BY APPLICABLE LAW OR RULES OF PROFESSOINAL CONDUCT.  Notwithstanding the foregoing, the Firm has the right to seek injunctive and/or other equitable relief with respect to the enforcement of any obligations regarding restrictive covenants, trade secrets, confidential information, inventions, work product or other intellectual property arising under this Agreement in a state of federal court of competent jurisdiction.

8. Incorporated Terms. Your use of the Licensed Material, purchase of Goods, the Sites, and Our Services is further subject to and governed by the following terms and conditions:

   1. Polly’s Café Privacy Policy located at: https://www.pollyscafenyc.com/