Cookies-Policy

Last updated: August 10, 2026

This cookies policy (“Cookies Policy”) explains how Damascus Bakery Opco, LLC (which, together with its affiliates and subsidiaries, including Brooklyn Bred, are collectively referred to as “Damascus”, “we”, “our”, or “us”) uses Cookies (as defined below), as well as your rights to control them.

When a user (“you” or “your”) accesses or uses our websites, mobile applications, or other web-based services (“Sites”), we use cookies, web beacons, pixels, software development kits (SDKs), and other similar tracking technologies (collectively, “Cookie(s)”) to collect certain data. This Cookies Policy forms part of our Privacy Policy (including arbitration terms). By using the Sites, you consent to the practices described in this Cookies Policy and the Privacy Policy, which may be updated in our sole discretion from time to time. You can manage or disable the optional Cookies at any time by: (i) using the “Customize” or “Manage Cookie Preferences” button on the Cookie banner displayed upon your initial visits to the Sites (“Cookie Banner”); or (ii) following instructions provided in Section IV (What Are My Choices to Manage Cookies). Please note that this Cookies Policy includes links to other websites that offer details on Cookies and opt-out options. We offer these links for convenience and informational purposes and have no control over the content found there. These websites or third parties that operate these sites are not affiliated with Damascus.

I. WHAT ARE COOKIES?

Cookie: A cookie is a small amount of information that’s downloaded to your device (such as a computer or smart device) when you visit certain websites, including our Sites. When a user’s device loads a website, it automatically sends information to the browser, creating cookies.

Chat Technology: We may answer consumer questions using a chat feature. These tools may gather personal information to the extent you provide it to chat technology. If you do not agree to recording, you should not proceed with chat support as conversations carried out through the chat tool are recorded.

Social Widgets: These are buttons or icons provided by social media platforms that allow you to interact with social media services when you view a webpage or mobile app screen on the Sites. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by third parties.

Other Similar Technologies: We may also use other automatic data collection technologies that work similarly to cookies, such as web beacons (clear gifs, pixel tags, and single-pixel gifs), UTM codes, or APIs. For example, pixel or similar technologies can track how a website visitor navigates through and interacts with the Sites. Web beacons and similar technologies can monitor whether you received and opened our email.

(the foregoing data collection technologies are collectively known as the “Cookies”). For more details on Cookies, please visit www.allaboutcookies.org.

Please note, if you limit the use of certain Cookies, we may not be able to deliver certain features of the Sites.

II. HOW DO WE USE COOKIES?

Cookies enable us to protect and personalize the Sites by recognizing repeat users, remembering your preferences, and tracking web usage behavior.

Purposes: We use Cookies for one or more purposes outlined below:

Remember your preferences, such as your login information, language, region, text size, fonts, your choices of optional Cookies, or other preferences;
Ensure efficient page navigation, web security, and usage tracking;
Customize and improve the user experience by tracking the pages you view, how you interact with the Sites, and how long you are on our Sites;
Track the success of our marketing and advertising initiatives for delivering a more customized browsing experience;
Monitor our email campaigns to determine whether you open, read, or delete the message, which links in the email you click on, or what content you download from the Sites, etc.;
Facilitate content sharing with social media platform(s), gathering feedback to improve our Sites; or
Other purposes to assess and improve user experience to the extent legally permissible.

Duration: Cookies can remain on your devices for different periods:

“Session Cookies”: They exist only while your browser is open and are deleted automatically or shortly after you close your browser.
“Persistent Cookies”: They stay after you close your browsers or devices, and expire automatically after a set period of time (e.g., a few hours, days, weeks, or months). When you return to our Sites, a third-party site, or other platform(s) using the same persistent Cookies, these tracking technologies enable the platforms to recognize your devices and customize your experience.

First-Party vs. Third Party Cookies.

First party cookies: We set “First party Cookies” on your browsers or devices, and they can only be used by us or the Sites.
Third party Cookies: “Third party Cookies” are those tracking technologies placed on the Sites by third-party providers, such as Google Analytics or social media plugins. Third-party Cookies may enable analytics or advertising functionalities that facilitate more customized services and advertising.

III. WHAT TYPE OF COOKIES ARE IN USE?

We classify Cookies in the following categories:

Type of Cookies	Descriptions
Essential/Functional Cookies	Some Cookies are necessary for the Sites to function properly and provide the features you have requested (including choices you make). Some Cookies are set to make our Sites more cyber-resilient or for the specific task of increasing the security of the services provided via our Sites. These Cookies (both essential or functional) may be set in response to the choices you make, such as adjusting your privacy settings, opting in to certain use preferences, checking in, collecting screen resolution to optimize website view to users, or filling out forms. These Cookies cannot be turned off.
Performance Cookies	Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics Cookies	Analytics Cookies collect information about how you use the Sites, including which pages you visit most often, when and how often you interact with our Sites’ features (including storefront), and whether you encounter any errors. This allows us to measure and improve performance, test design ideas, and understand user behavior and navigation patterns. From time to time, we may also engage third parties to help us analyze usage and statistical trends.
Advertising/Marketing Cookies	Advertisement/Marketing Cookies deliver advertisements (“ads”) that may be more relevant to you and your interests, including, without limitation, the following purposes: • deliver ads more relevant to you and your interests; • limit the number of times you see an advertisement; • help measure the effectiveness of the advertising campaign; • understand people’s behavior after they view an advertisement; or • build a profile of your interests and show you relevant adverts on other sites, when they are used alone and/or in combination with other information. Advertisement/Marketing Cookies may be first party Cookies or third party Cookies. They do not store information that could directly identify you individually (such as your name), but collect information that may identify your browser and device through a unique identification code assigned to you. Without these Advertisement/Marketing Cookies, the advertisements that you see may be less relevant and interesting to you. For more information about these Advertisement / Marketing Cookies, please review https://thenai.org/about-online-advertising/

We may set certain Cookies relating to Shopify to power our online storefront. You can read more about how Cookies set by Shopify use your Personal Information via https://www.shopify.com/legal/privacy; and https://www.shopify.com/legal/cookies#merchant-storefronts.

Information collection relating to Your Access to Videos. Our Sites may display live or prerecorded videos or similar audio-visual materials (“Videos”). By requesting access to, or otherwise accessing, any such Video(s), you hereby acknowledge, agree, and consent to the following: Through the use of Cookies and similar tracking technologies, we may automatically collect certain personal information with respect to your access to such Videos. The provision of Videos on our Sites is not an admission by us and it shall not otherwise be interpreted, in any form or manner, to mean that we are a “video tape service provider” for purposes of the Video Privacy Protection Act (codified as amended at 18 U.S. Code § 2710) (the “VPPA”) or that we are otherwise subject to the VPPA.

IV. WHAT ARE MY CHOICES TO MANAGE COOKIES

If you want to opt out of certain Cookies, there are several available options:

11.2 Governing Law; Dispute Resolution; Class Action/Jury Waiver

(a) Governing Law: To the fullest extent permitted by law, these Terms and any claim or dispute arising out of or related to these Terms will be governed by and construed in accordance with the laws of Delaware without regard to its choice of laws or principles. To the extent the Parties are permitted under this Agreement to initiate litigation in a court, you agree that any action arising out of this Agreement or your use of our Sites shall be brought in state or federal court in New Jersey, USA, and you consent to the exclusive personal jurisdiction and venue of such courts.

(b) Limitation on Time to File Claims: TO THE MAXIMUM EXTENT PERMITTED BY LAWS, YOU AGREE THAT ANY LEGAL ACTION OR PROCEEDING YOU MAY HAVE AGAINST US ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES WILL BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

(c) Mandatory Pre-Arbitration Notice. For any dispute you have with Damascus, you agree to first contact us and make a good faith attempt to resolve the dispute with us informally. Therefore, if you intend to initiate arbitration, you must first send Damascus a written Notice of Dispute (“Notice”). A Notice from you to us must be emailed to biteofbrooklyn@brooklynbred.com (the “Notice Address”). Any Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the Sites; (iv) a description of the nature and basis of the specific relief sought, sought, if any; and the method by which you calculated such damages; (v) a personally signed statement by the claimant (and not their counsel) verifying the accuracy of the contents of the Notice.; and (vi) documentation sufficient to verify your identity and your use of the Sites. The Notice must be individualized, meaning it can concern only your specific dispute, and no other person’s dispute. Upon receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days. If the parties cannot reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received, a party may commence mediation as set forth below. Compliance with the “Mandatory Pre-Arbitration” Notice requirement discussed in this paragraph is a condition precedent to initiating mediation or arbitration.

(d) Mandatory Mediation. If the Parties are unable to resolve the dispute through the informal process described above, then prior to initiating arbitration, the Parties agree to submit the dispute to mediation administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Mediation Procedures and conducted in Essex County of New Jersey. The mediation shall be conducted by a single mediator mutually agreed upon by the Parties; if the Parties cannot agree on a mediator within 14 days of the demand for mediation, AAA shall appoint one. Each Party shall bear its own costs of mediation, and the Parties shall share equally the mediator’s fees and any administrative costs. The mediation shall be completed within 45 days of the initial mediation demand unless extended by mutual written agreement of the Parties. If mediation does not resolve the dispute, either Party may then initiate binding arbitration as set forth below. Compliance with this “Mandatory Mediation” section is a condition precedent to initiating arbitration. This mediation requirement is consistent with and shall be interpreted in accordance with applicable Delaware Laws.

(e) Arbitration Process. Unless resolved through the mandatory mediation process described above, any dispute arising out of or in connection with this Agreement shall be finally settled under the Commercial Rules of the American Arbitration Association (“AAA”) in Essex County of New Jersey by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. The arbitration decision shall be final and binding. The prevailing Party shall be entitled to recover its costs and reasonable attorney’s fees, and that a judgment upon any award rendered may be entered in any court having jurisdiction. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Essex County of New Jersey or at another mutually agreed location. Either Party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. The Parties waive, to the fullest extent permitted by law, any objection that they may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in a court or arbitration setting within or outside the United States of America and (ii) any claim that any action or proceeding brought in any such court or arbitration has been brought in an inconvenient forum. If 25 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, AAA shall: (i) administer the arbitration demands in batches of 100 demands per batch, with the discretion to create additional batches if AAA finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side as set forth in AAA’s Mass Arbitration Services and Supplementary Rules. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class or mass arbitrations of any kind. We reserve all rights and defenses as to each and every demand and claimant. If any court or arbitrator determines that this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a mass arbitration basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and we shall be deemed not to have agreed to arbitrate disputes.

(f) Website Accessibility and Cookie Use Claims. Notwithstanding any other provision of this Agreement, any claim, dispute, or cause of action arising out of or related to the accessibility of our Sites (including but not limited to claims under the Americans with Disabilities Act, Section 508 of the Rehabilitation Act, or any state or local accessibility law or regulation) or our use of cookies, tracking technologies, or similar data collection tools on our Sites (including but not limited to claims under any state consumer privacy statute, the California Consumer Privacy Act, or any analogous law) shall be subject to the following additional requirements: (i) the claimant must provide written notice identifying with specificity each alleged accessibility barrier or cookie/tracking violation, including the specific URL(s) affected, the specific assistive technology or browser used, and the date(s) on which the barrier or violation was encountered; (ii) we shall have 60 days from receipt of such notice to cure or remediate the identified barrier or violation before the claimant may initiate mediation or arbitration; (iii) the claimant must demonstrate that they personally encountered the alleged barrier or violation during their own bona fide use of our Sites for purposes other jurisdiction than testing for accessibility or privacy compliance; (iv) any damages recoverable for such claims shall be limited to actual, documented out-of-pocket losses directly caused by the alleged barrier or violation, and in no event shall aggregate damages exceed $500 per claimant; and (v) the claimant shall bear the burden of proving standing, including that they suffered a concrete and particularized injury-in-fact that is fairly traceable to the alleged barrier or violation. Claims not satisfying these requirements are premature and subject to dismissal without prejudice.

(g) CLASS ACTION AND JURY TRIAL WAIVER. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THIS MEANS THAT YOU AND DAMASCUS MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY.

You may opt out of binding arbitration and the class action and jury trial waiver by notifying us in writing within 30 days after you have consented or accepted this Agreement unless a longer period is required by applicable law. Your written notification must be mailed, emailed, or delivered to us at the address below and must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.

ADDITIONAL DETAILS

You may contact us at:

Damascus Bakery Opco, LLC

60 McClellan St.

Newark, NJ, 07114 USA

biteofbrooklyn@brooklynbred.com