Eataly Privacy Policy

Effective Date: May 15, 2025

This Privacy Policy describes how Eataly USA LLC, with an address at 43 West 23rd Street, New York NY, 10100 and Eataly NET USA LLC, with an address at 43 West 23rd Street, New York NY, 10010 (“Eataly” or “we”) collect and use personal information from users across various platforms, including https://www.eataly.com/us_en (the “Website”), the Eataly Caffè application (the “Application”), other websites, mobile sites, services, applications, and platforms operated by Eataly where this Privacy Policy is featured or referenced, or where no separate Privacy Policy is provided, as well as from customers who 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 refer to a user of the Sites.

By using the Sites, you represent that you have read, understood and agree to be bound by this Privacy Policy and the Website’s Terms and Conditions and the Application’s Terms of Service (collectively, the “Policies”).  If you do not agree with the Policies, please do not access or use the Sites.  Eataly reserves the right to modify, close, and/or discontinue the Sites, at any time, for any reason and without notice. 

I.              Types of Information We Collect from Users and How We Collect it

When you use the Sites, we may collect your (i) personal information (data that personally identifies you), or (ii) aggregate information, concerning your use of the Sites and your account activity (e.g., number and times of logins, most frequently visited pages, IP address, etc.), which does not personally identify you. 

We collect the categories of personal information outlined below from the following sources:

A.   Information Provided by You 

The categories of personal information we may collect from you include:

·      Account Information. We collect personal information that you provide when you register for an account to use our services and purchase our products, which may include your name, date of birth, email, and password;

·      Inquiries. We collect personal information that you provide when you inquire about our services and products, such as your name, email, phone number, and any other information you provide;

·      Purchases and Orders. We collect personal information that you provide when you place an order through the Sites or you purchase our products in store, such as your name, email, shipping address, billing address, phone number and any other information you provide, such as food allergies, health restrictions and dietary preferences. We may also collect details about the transaction occurred in our stores or our Sites, such as product details, purchase price, and the date of the transaction. Further, when you make a purchase with us directly in the store, online or decide to store your payment information with us, we also need to collect credit card or other payment information. Please note that we do not collect and maintain your payment information directly, instead we utilize a third-party payment processor to collect and facilitate all online payments on our behalf. Additionally, if you choose to store your payment information on your account, such information will be stored by the payment processor and not with us directly. Please see the section on how we share information with our payment processor below for more information.

·      Promotions and Loyalty Program. If you enter a contest, sweepstakes, or other promotion, or complete a survey, or join our loyalty program on our Sites or in store, we collect information about you, such as your name, username, date of birth, address, email address, phone number, and ZIP code and any other information that needs to be provided to participate in the promotion, as described by the relevant terms in each instance; and

·      Marketing Communications.  If you sign up to receive news or alerts from us, via email, we collect your name, username, email, phone number and applicable interests and communication preferences in order to send you regular updates about the products and services we provide.  By providing your email address to Eataly, you might be automatically enrolled in our newsletter, subject to your right to opt-out of our marketing communications as outlined below.  You will not receive text messages from us unless you opt-in to receive such communications.

Please be aware that if you do not allow us to collect certain personal information from you, we may not be able to deliver certain services to you, and some of our services may not be able to take account of your interests and preferences. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to provide your information.

B.    Automatically Collected Information  

When you visit our stores, we may capture videos and images with our surveillance cameras. 

When you access or use our Sites, some information not associated with specific users, such as device type, location information, IP address, cookie identifiers, webpage traffic, and access time is automatically collected in order to ensure the Site’s functionality. Once your user profile is created, anytime you log in, we will collect additional information and add it to your user profile, such as the products you have ordered, and any other information that may be available from time to time.

Cookies. The Sites use cookies. A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our Sites. A persistent cookie remains on your hard drive for an extended period of time. 

We use cookies to identify you when you access the Sites, to personalize your experience on the Sites, to provide ads, marketing communications and social media features, to analyze our traffic and customers’ interactions with advertising banners, and to identify repeat visitors for statistical purposes.  We also share information about your use of the Sites with our social media, and advertising partners, who may combine it with other information that you have provided to them or that they have collected from your use of their services.

Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. Please note that the Sites uses certain cookies that are fundamentally necessary for the Sites to work and allow you to use the functions of our services. Without this type of cookies, you cannot receive the requested services. These cookies enable services that you have specifically requested and allow you to use the Sites’ features (e.g., logging in). We need these cookies to provide you with our services and you cannot deny necessary cookies.

Web Beacons.  We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of the Sites. We also may include web beacons in promotional email messages or newsletters to determine whether messages have been opened and acted upon. Web beacons are tiny graphics with a unique identifier, and are used to track the online movements of web users or to access cookies.  Unlike cookies, which are stored on your device, web beacons are embedded invisibly on the web pages (or in emails).  The information we obtain in this manner enables us to customize the services we offer to users of our Sites, to deliver targeted advertisements, and to measure the overall effectiveness of our online advertising, content, programming, or other activities.

Geolocation.  Based on your interaction with the Application, the type of device you use to access the Application, and your device’s connectivity, we may collect location-based information. We may use this type of information to enhance your user experience, including using location information for the purpose of displaying the location of Eataly stores or to better understand your interaction with our products and services.  Unless you otherwise provide us with your consent to do otherwise, this information will only be used by us and our third-party service providers to provide you with the services you request or in an aggregated and anonymized format, which does not identify you.

C.   Third-Party Sources

We may receive personal information about you from our business partners and service providers (such as advertising partners, payment processors, data analytics providers, and mailing lists providers), or other third parties to whom you have provided your information, and consented to the sale, rental or transfer thereof, and combine this information with other information we collect from you.  Occasionally, we may obtain information about you from third parties such as a data aggregator or vendor who provide us with additional information about our existing customers.

Social Media.  When accessing the Sites through a third-party social media site and/or application, we may access some of your information from your social media account, such as name, email address, and profile picture. Please note that some aggregate information, that does not personally identify you, such as content viewed on the social media site/application, may also be collected by us if you access the Sites through a third-party social media site.  Further, if you have consented on a third-party social media site to sharing your personal information with other third parties, we may collect your personal information that is part of your profile or that you post publicly, such as your basic account information and any other additional information or activities that you permit the third party social network to share with third parties or that you post publicly on a Eataly social networking page.

Please note that this Privacy Policy does not apply to third-party social media sites, and you should always refer to the privacy policies of the relevant social media sites for information concerning their collection and processing of information.

D.   Communications with Eataly

Customer Service.  If you contact our Customer Service department by phone or by email, we will collect certain personal information from you, such as your name, address, email address and phone number. We may need to use your personal information to further contact you to respond to your inquiry or request.

Live Chat. If you use the live chat feature on our Website, we will collect certain information from you such as your name, email address, and information about why you are chatting with us. Some of that information may be considered sensitive personal information as it may reveal your gender, race, national origin, etc. We only collect this information in order to communicate with you, address why you are chatting with us, and ensure that you have a great customer experience. Our live chat is operated by a third-party service provider, who can use such information only in compliance with this Privacy Policy to provide customer service and for no other purpose.

II.            How We Use Your Information

Your information is processed using primarily electronic means and is used, without limitation, for the following purposes:

•       Order Fulfillment.  We use information collected to process and ship your order(s), to inform you about the status of your order(s), inform you when your order is ready to pick up, including through push notifications, facilitate any returns and to follow up with you about your satisfaction with the ordered products;

•       Service.  We use information collected to provide our services and to follow up with you about your satisfaction with the services;

•       Account Activity.  We may use information collected to maintain your account with us (e.g., account verification), including administering any programs associated with such accounts, to communicate with you regarding your account and for customer support purposes; 

•       Customization. We may use information collected to monitor and analyze trends, usage, and activities in connection with our products and services. Further, we may use the information collected to provide you with product recommendations, offers, content and rewards that are tailored to your interests and profile, and to target advertisements to you on third-party platforms and websites.  We may use also information collected to personalize your experience and save you time when you visit our Sites (e.g., by remembering your login ID and password);

•       Marketing.  If you have signed up to receive our newsletter, we may use this information to send you marketing communications, such as email communications, push notifications, and postal mailings. These communications may inform you about new products, special discounts and other news and special offers. On occasion, these communications may also contain information or offers about third-party products;

•       Product and Sites Development.  We may use personal information to create non-identifiable information that we may use, alone or in the aggregate with information obtained from other sources, in order to help us optimally deliver our existing products and services or develop new products and services.  From time to time, Eataly may perform research (online and offline) via surveys (directly or through third parties) to help us better serve our customers by learning more about their needs and the quality of the products and services we provide.  Anonymized and aggregated information is used for a variety of functions, including the measurement of Site and Application visitors’ interest in and use of various portions or features of the Sites;

•       Contests and Promotions.  We may use information collected to administer the loyalty program, facilitate contests, sweepstakes, giveaway, competition, or other similar marketing campaign or promotion. To comply with sweepstakes laws, we may publish or share limited information about promotion winners (such as name and city of residence). For more information about our contests and other promotions, please see the official rules or details that will be posted with each promotion;

•       Customer Service.  If you have requested further information, contacted customer service or in any other way requested that we contact you, we will use your personal information to respond to such a request. We may also use your information to ensure we are providing the highest level of customer service, and to identify any potential gaps or potential improvements to the same. Further, we may use information collected to send you support messages and other transactional messages; 

•       General Business Purposes. We may use information collected for other general business purposes, such as to maintain the day-to-day operation and security of our Sites, to ensure that our Sites are working as intended and for analytics, auditing and technical assistance 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;

•       Corporate Purposes. 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 Sites users is among the assets transferred; and

•       Legal Purposes.  We may collect and use personal information to enforce our contracts, including our Policies, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties.  We also collect information in order to comply with certain legal rules and regulations that we are subject to, and as required by law enforcement.

III.          How We Protect Your Information

The Sites use Secure Socket Layer (SSL) software / Transport Layer Security (TLS) and similar encrypting systems to protect your information when you purchase products on the Sites. Only employees, contractors and agents of the Sites operator may access user information on a need-to-know basis and only for the purposes set forth in this Privacy Policy. 

While we make reasonable efforts to ensure your information is processed and stored in a secure manner, we cannot guarantee the security of data transferred over the Internet and you assume the risk of any such transfer. 

IV.          Where We Store Your Information

Your information will be collected and stored in the United States.

V.            Sharing Your Information 

We will not sell or otherwise disclose your information, except as described in this section and other relevant sections of this Privacy Policy.

Generally, we share your personal information as necessary to provide the services or products you request.  We also may share your personal information when required by law, to protect your rights and safety, and with your consent.  Specifically, we may share your personal information with third parties, including:

•       Affiliated Brands and Companies.  We may share your information with companies affiliated with Eataly, including licensees and joint venture partners, who may be located outside the United States.  These parties may only use your information in compliance with this Privacy Policy;

•       Authorized Service Providers.  We may retain third-party service providers in order to process your data in connection with the services provided on the Sites.  These services may include but are not limited to IT support, website hosting, customer service, payment processing, marketing communications, analytics, logistics, order fulfilment, financing, and fraud prevention. Third parties who perform these operations are only permitted to use the information provided to them to perform their function and for no other purpose;

•       Advertising and Other Partners. We may allow third parties, such as social media, advertising and analytics partners, through an advertising network to target custom content and ads to you on the Sites. We may also share your information with third-party companies Eataly partners with, in order to provide you with integrated services and for their own marketing purposes;

•       Data Aggregators. We may disclose aggregated or de-identified information that cannot reasonably be used to identify you, to data aggregators. We process, maintain, and use this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law;

•       Successors in Interest.  In the event there is a change in the corporate structure of Eataly including, without limitation, by merger, consolidation, sale, liquidation, transfer of substantial assets, or in the unlikely event of bankruptcy, we may, in our sole discretion, transfer, sell or assign users’ information collected on and through the Sites and in store to one or more affiliated or unaffiliated third parties or successor in interest. Please note that the information can be used only in accordance with this policy after any such corporate event, unless the users otherwise agree;

•       Professional Advisors. We may disclose personal information to our legal, financial, insurance and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests; and

•       Law Enforcement.  We may disclose a user’s information when required to do so to comply with applicable law or legal process or to respond to a request from law enforcement authorities.  We may also provide your information in situations where we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing, to protect and defend the rights, property, or safety of our company, our consumers, our employees, or others, or to enforce our Policies or other agreements or policies.

VI.          How Long We Store Your Personal Information For

Eataly retains your personal information for as long as necessary to fulfill the purpose(s) for which it was collected, provide our services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. When we are no longer required to retain the personal information as described above, we will destroy, erase, or de-identify it, unless we are legally required to maintain it for longer.

VII.        Links to Third-Party Sites

The Site contains links to third-party websites. We do not operate, control, monitor, endorse or guarantee those third-party websites. This Privacy Policy does not apply to the collection and use of information by such third-party websites. We suggest that you carefully read the privacy policy and other policies of all third-party websites. 

We provide hyperlinks to third-party websites only for the convenience of our users and it is not a recommendation that users access such third-party websites.  We do not guarantee the services or goods provided and sold by such third-party websites to Internet users. YOU AGREE THAT YOUR USE OF ANY THIRD-PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY EATALY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL EATALY BE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY WEBSITES.

VIII.     Changing, Updating, or Removing Your Information

You may update, correct or remove your personal information at any time and free of charge by emailing us at customerservice@eataly.com. We may ask that you identify yourself and the information you wish to access, change or delete for security purposes, and we will comply with your request as soon as reasonably practicable.  By removing some of your information, you may not be able to access some of the Site’s features.  We may keep some of your personal information if required by law and/or for recordkeeping purposes. 

IX.          Opting-Out of Our Marketing Communications

Emails.  You may unsubscribe from any marketing email communications by clicking on the “Unsubscribe” button included in all of our marketing communications or by contacting us at customerservice@eataly.com. Note that you will continue to receive transaction-related emails regarding products or services you have requested.  We may also send you certain non-promotional communications regarding Eataly and our services and, to the extent permitted by law, you will not be able to opt out of those communications (e.g., communications regarding updates to our Policies).

Push Notifications. You may opt-out at any time from receiving any push notifications by changing the settings on your device.

X.            Do Not Track Settings 

Our Sites do not recognize Do Not Track signals. Some third parties may collect aggregate information about the users’ online activities over time and across websites when they use the Sites. While this information does not include personally identifiable information, certain processing activities that combine aggregate information with other information in possession of such third parties could result in the identification of users.

XI.          Rights of California Residents

If you are a California resident, please read our Privacy Notice for California Residents [Provide link] for additional information concerning the collection and processing of your personal information and the rights granted to you with respect to such information.

XII.        Children’s Rights

We do not sell services for purchase by children. If you are under 18 years old, you may use the Site only under the supervision of a parent or guardian.  In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly collect, solicit or use personal information of children under the age of 13 provided without parental consent. Should we become aware that a user under the age of 13 has registered without verifiable parental consent, any such information will be deleted.

XIII.     Updates to Our Privacy Policy

Eataly may amend or update all or any portion of this Privacy Policy, at any time, without notice, in its sole discretion.  Please access this section regularly to verify if any changes were made to our Privacy Policy and to review the updated Privacy Policy.

XIV.      Contact Information

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