Privacy Policy for California Residents

Effective Date: May 15, 2025

This Privacy Policy for California Residents supplements the information contained in Eataly USA LLC, with an address at 43 West 23rd Street, New York NY 10010, and Eataly Net USA LLC, with an address at 43 West 23rd Street, New York NY 10010, (“Eataly” or “we”) Privacy Policy (https://www.eataly.com/us_en/privacy-policy) and describes how Eataly collects and uses personal information from users who reside in the State of California across various platforms, including https://www.eataly.com/us_en, the Eataly Caffè application, other websites, mobile sites, services, applications, and platforms operated by Eataly where this Privacy Policy for California Residents is featured or referenced, or where no separate Privacy Policy for California Residents is provided, as well as from customers who reside in the State of California and visit or interact with us in our stores or through other channels (collectively, the “Sites”). The words “user”, “you” and “your” in this Privacy Policy for California Residents refer to a user of the Sites.

We adopt this Privacy Policy for California Residents to comply with the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act (CPRA) (collectively, the “CCPA”) and other California privacy laws, and any terms defined in the CCPA have the same meaning when used in this Privacy Policy for California Residents.

I. Information We Collect

Eataly has collected the following categories of personal information from its consumers within the last twelve (12) months:

Eataly may collect some sensitive personal information, such as your location and/or other personal data that may reveal racial or ethnic original, religious beliefs, mental or physical health diagnosis (e.g., health or dietary restrictions), sexuality or citizenship or immigration status, for the purpose of providing you with the product and service you requested.

Personal information does not include publicly available information from government records, deidentified or aggregated consumer information, and information excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

A. Sources From Which Personal Information is Collected

Eataly obtains the categories of personal information listed above from the following categories of sources:

· Directly from you: Information provided by registering on our Sites, subscribing to our newsletter, placing an order or purchasing a product on our Sites or in store, joining our loyalty program, participating in a sweepstakes or other promotional activity, contacting us through the Eataly’s Sites, or via email, etc.;

· Automatically collected information: When you access our Sites some information is automatically collected in order to ensure our Sites’ functionality; and

· Third party sources: We may collect information from third parties to whom you have provided your information, and consented to the sale, rental or transfer thereof (for example, through social media).

B. Business or Commercial Purposes for Collection of Personal Information

We may collect the personal information for one or more of the following business or commercial purposes:

· To fulfill or meet the reason you provided the information. For example, if you provide your personal information to purchase a product or service, we will use that information to process your order and deliver the product or provide the service. We may also save your information to facilitate new product orders or process returns;

· To monitor and analyze trends, usage, and activities in connection with our products and services;

· To provide, support, personalize, and develop our Eataly’s Sites, stores, products, and services;

· To create, maintain, customize, and secure your account with us;

· To process your requests, purchases, transactions, and prevent transactional fraud;

· To provide you with support and to respond to your inquiries, including investigating and addressing your concerns and monitoring and improving our responses;

· To provide you with email alerts, promotional offers and other notices concerning our services;

· To administer the loyalty program, facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;

· To personalize your Eataly’s Sites experience, and to deliver content, information, and product and service offerings relevant to your interests, including targeted offers and ads through our Sites, third-party sites, and via email, push notifications, or text message (with your consent, where required by law);

· To help maintain the safety, security, and integrity of our Eataly’s Sites, products and services, databases and other technology assets, our clients and business, and to ensure that our Sites are working as intended and for analytics, auditing and technical assistance purposes and other general business purposes. Further, we may use information collected to maintain the safety of our stores, protect our staff, and prevent and detect crime, damage, and nuisances;

· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;

· As described to you when collecting your personal information or as otherwise set forth in the CCPA; and

· To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Eataly’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Eataly about our users and/or customers is among the assets transferred.

Eataly will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

II. Data Retention

Eataly retains personal information only for as long as necessary to provide our services and process your requests, purchases, transactions, or for other business purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements.

III. Disclosing, Sharing for Cross-Context Behavioral Advertising, or Selling Personal Information

Eataly may disclose for a business or commercial purpose or share for cross-context behavioral advertising. When we disclose or share for cross-context behavioral advertising, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

A. Personal Information We Disclose for a Business or Commercial Purpose

In the preceding twelve (12) months, Eataly has disclosed the following categories of personal information for a business or commercial purpose:

Business or Commercial Purposes for Disclosing your Personal Information

We may disclose the personal information we collect for one or more of the following business or commercial purposes:

· To fulfill or meet the reason you provided the information. For example, if you provide your personal information to purchase a product or service, we will use that information to process your order and deliver the product or provide the service. We may also save your information to facilitate new product orders or process returns;

· To monitor and analyze trends, usage, and activities in connection with our products and services;

· To provide, support, personalize, and develop our Eataly’s Sites, stores, products, and services;

· To create, maintain, customize, and secure your account with us;

· To process your requests, purchases, transactions, and prevent transactional fraud;

· To provide you with support and to respond to your inquiries, including investigating and addressing your concerns and monitoring and improving our responses;

· To provide you with email alerts, promotional offers and other notices concerning our services;

· To administer the loyalty program, facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;

· To personalize your Eataly’s Sites experience, and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Sites, third-party sites, and via email or text message (with your consent, where required by law);

· To help maintain the safety, security, and integrity of our Eataly’s Sites, products and services, databases and other technology assets, our clients and business, and to ensure that our Sites are working as intended and for analytics, auditing and technical assistance purposes and other general business purposes. Further, we may use information collected to maintain the safety of our stores, protect our staff, and prevent and detect crime, damage, and nuisances;

· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;

· As described to you when collecting your personal information or as otherwise set forth in the CCPA; and

· To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Eataly’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Eataly about our users and/or customers is among the assets transferred.

B. Personal Information We Share for Cross-Context Behavioral Advertising or Sell

In the preceding twelve (12) months, Eataly has not sold personal information. Eataly does not sell personal information. In the preceding twelve (12) months, Eataly has shared for cross-context behavioral advertising the following categories of personal information:

1. Business or Commercial Purposes for Sharing for Cross-Context Behavioral Advertising or Selling your Personal Information

We may share personal information for cross-context behavioral advertising the personal information we collect for one or more of the following business or commercial purposes:

· To deliver content, and product and service offerings relevant to your interests, including targeted offers and ads through our Sites, third-party sites, and via email or text message (with your consent, where required by law); and

· As described to you when collecting your personal information or as otherwise set forth in the CCPA.

2. Right to Opt-out of Sharing for Cross-Context Behavioral Advertising or Selling

If you are age 16 or older, you have the right to direct us not to share your personal information for cross-context behavioral advertising at any time. We do not share for cross-context behavioral advertising the personal information of consumers we have actual knowledge are less than 16 years old.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following link: Do Not Sell or Share My Personal Information

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales or sharing for cross-context behavioral advertising.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

IV. Use and Disclosure of Sensitive Personal Information

We do not use or disclose your sensitive personal information for any other purpose other than to perform business services, including providing our products and services to you.

V. Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

A. Access to Specific Information and Data Portability Rights

You have the right to request that Eataly disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

1. The categories of personal information we collected about you;

2. The categories of sources from which we collected personal information about you;

3. Our business or commercial purpose for collecting or selling that personal information;

4. The categories of third parties with whom we share that personal information for cross-context behavioral advertising; and

5. The specific pieces of personal information we collected about you (also called a data portability request).

Additionally, if we sold or disclosed your personal information for a business or commercial purpose, we will provide you with two separate lists disclosing:

i) The categories of personal information Eataly shared for cross-context behavioral advertising or sold to third parties in the preceding twelve (12) months; and

ii) The categories of personal information Eataly disclosed for a business or commercial purpose to third parties in the preceding twelve (12) months.

B. Deletion Request Rights

You have the right to request that Eataly delete any of your personal information that it collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Deletion and Correction Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request in compliance with the CCPA if retaining the information is necessary for us or our service provider(s) to, among others: complete the transaction for which we collected the personal information, provide a good or service that you requested or take actions reasonably anticipated within the context of our ongoing business relationship with you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; comply with a legal obligation; or make other internal and lawful uses of that information that are compatible with the context in which you provided it.

C. Correction of Inaccurate Personal Data Rights

You may update or correct your personal information free of charge, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will correct (and direct our service providers to correct) your personal information in our records, unless an exception applies. We may ask that you identify yourself and the information you wish to change for security purposes. 

VI. Exercising Access, Data Portability, Deletion and Correction Rights

To exercise the access, data portability, deletion and correction rights described above, please submit a verifiable consumer request to us by:

· Website: https://www.eataly.com/us_en/support

· Phone number: 212-539-0833.

· In-Store: Please submit a request at the guest relations desk.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must:

· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and

· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. 

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We shall confirm receipt of a customer’s request to know or delete within ten (10) business days. We endeavor to respond to a verifiable consumer request to access, delete or correct within forty-five (45) days of its receipt, and to a verifiable consumer request to opt-out of selling or sharing their personal information or to limit use of their sensitive personal information within fifteen (15) business days of its receipt.  If we require more time (up to 45 days) to respond to a verifiable consumer request to access, delete or correct, we will inform you of the reason and extension period in writing within the initial forty-five (45) days after receipt of the verifiable consumer request.

If you have an account with us, our written response to your verifiable consumer request will be delivered through such account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  For data portability requests, we will select a format that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Any disclosures we provide pursuant to a verifiable consumer request will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt.  If applicable, our response will also explain the reasons we cannot comply with your request. 

We do not charge a fee to process or respond to your verifiable consumer request, unless such request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons of such decision and provide you with a cost estimate before completing your request.

VII. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

· Deny you goods or services;

· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;

· Provide you a different level or quality of goods or services;

· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services; or

· Retaliate against you for exercising your CCPA rights.

Notice of Financial Incentive

Eataly Ambassador is a loyalty program that allows members to earn and accumulate points that can be redeemed for Eataly Ambassador benefits at participating Eataly stores in the United States.  Because Eataly Ambassador involves providing certain benefits to members in exchange for personal information, it may be considered a “financial incentive” or “price or service difference” (for simplicity, we refer to these offerings as “financial incentives” throughout this Notice) under applicable law and we are required to provide you with this Notice.

Participation in Eataly Ambassador (and any other financial incentive offered by Eataly from time to time) is voluntary, and you always have the option to not supply information and/or to opt out. Information collected in connection with Eataly Ambassador may include your name, phone number, email address, date of birth and ZIP code.

To receive the financial incentive, you will be asked to join our loyalty program by our cashiers at one of our participating stores at the time of checkout and will be automatically enrolled in our newsletter. You can opt into the financial incentive or price or service difference by communicating to the cashier the personal information requested when registering for our loyalty program.  You can also opt into the financial incentive or price or service difference by creating an account on the Eataly Caffe App (the “App”).  When you join our loyalty program, you agree to the Eataly Ambassador Terms of Use, which can be found at https://www.eataly.com/us_en/eataly-ambassador-rewards-terms-of-use. If you wish to opt-out of the financial incentive, do not provide your consent to be enrolled in our loyalty program or do not use the App. If you wish to withdraw from the financial incentive, you can withdraw your membership from our loyalty program at any time at participating stores by communicating your decision to a cashier at any time (even you are not making a purchase) or by contacting Eataly at ambassador@eataly.com.  Please note that if you withdraw from the financial incentive, you will no longer be able to redeem points, receive discounts and similar promotions related to our loyalty program, because they are customized for you and made available depending on the personal information we collect from you, and all points you have earned until the time of withdrawal will no longer be available.  If you request that Eataly delete personal information that is needed to provide you with the financial incentive, we will not be able to provide you with such benefits going forward (and any points earned will no longer be available), as we will no longer be able to associate you with your loyalty membership. You will continue to receive non-personalized discounts and similar promotions, to the extent available.

Each financial incentive or price or service difference related to submission and use of consumer personal information is based upon our reasonable but sole determination of the estimated value of such information, which takes into consideration, without limitation, estimates regarding the anticipated revenue generated from such information, the anticipated expenses which might be incurred in offering products, services, and benefits to loyalty program members, and other relevant factors related to the estimated value of such information to our business, as permitted under the CCPA.

The rewards, discounts, or incentives offered through the Eataly Ambassadorprogram are designed to reflect the value of your participation in the program. While Eataly cannot assign a specific monetary value to your personal information, the value of your personal information is related to the benefits you receive, such as special offers and discounts. Although we do not place an independent monetary value on the personal information we collect, Eataly benefits financially in other ways.  For example, while offering a discount may reduce immediate revenue, the positive experience from participating in the program often leads to more frequent visits, benefiting Eataly over time. The value each member receives from the Eataly Ambassador program can vary based on factors such as: (a) the total amount spent and points earned, (b) the rewards redeemed, (c) the frequency of visits or participation, (d) whether points are regularly accumulated, and (e) the overall level of engagement in the program.  For these reasons, we estimate in good faith that the value of the personal information collected in connection with the Eataly Ambassador program would be reasonably related to the value of the offer or discount presented to you.

To the extent Eataly offers other financial incentives, we will provide information describing the material terms of the relevant program/offer, and we will obtain opt-in consent from you before you participate in each instance. You can opt-out from a program/offer at any time by following the instructions provided in such terms.

VIII. Other California Privacy Rights

Pursuant to California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or by telephone at 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: https://www.ftc.gov/.

IX. Changes to Our California Privacy Notice

Eataly reserves the right to amend this privacy notice at its discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our Sites and update the notice’s effective date.

X. Contact Information

If you have any questions or comments about this notice, the ways in which Eataly collects and uses your information described above and in the Privacy Policy (https://www.eataly.com/us_en/privacy-policy), your choices and rights regarding such use, please do not hesitate to contact us at customerservice@eataly.com or 212-539-0833.