Privacy Policy for Texas Residents

Effective Date: June 26, 2025

This Privacy Policy for Texas 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 Texas 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 Texas Residents is featured or referenced, or where no separate Privacy Policy for Texas Residents is provided, as well as from customers who reside in the State of Texas 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 Texas Residents refer to a user of the Sites.

We adopt this Privacy Policy for Texas Residents to comply with the Texas Data Privacy and Security Act (TDPSA) and other Texas privacy laws, and any terms defined in the TDPSA have the same meaning when used in this Privacy Policy for Texas Residents.

I.              Information We Collect

Eataly collects the following categories of personal information from its consumers:

With your consent, 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, de-identified or aggregated consumer information, and information excluded from the TDPSA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

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).

Eataly does not collect sensitive information or biometric information.

II.              Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business 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 TDPSA; 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.

III.            Sharing of Personal Information

Eataly does not sell personal information to third parties. Eataly discloses the following categories of personal information to third parties:

I.              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.

II.            Your Rights and Choices

The TDPSA provides consumers (Texas residents) with specific rights regarding their personal information. This section describes your TDPSA 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 of your personal information. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), we will disclose to you whether we are processing your personal information, and if so, what categories of personal information we collected and have processed about you.  We will also provide, upon request, the specific pieces of personal information we collected about you (also called a data portability request).

B.    Deletion Request Rights

You have the right to request that Eataly delete any of your personal information that it collected from you or obtained regarding you. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

C.   Correction of Inaccurate Personal Data Rights

You may update or correct your personal information. We may ask that you identify yourself and the information you wish to change for security purposes.          

III.          Exercising Your Rights

To exercise the rights described above, please submit a verifiable consumer request to us by:

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

·      Email: customerservice@eataly.com

·      In-Store: [Please note that TDPSA requires businesses to consider the methods by which it primarily interacts with consumers when determining which methods to provide for submitting requests to delete, requests to correct, and requests to know.  Therefore, for data collected in-store, we recommend providing a method for customers to submit TDPSA requests in person (e.g., printed form, tablet, etc.).] [EB1] [FR2] 

Only you or an authorized agent 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.

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 endeavor to respond to a verifiable consumer request within forty-five (45) 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 electronically.  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.

If applicable, our response will explain the reasons we cannot comply with your request. 

We do not charge a fee to process or respond to your verifiable consumer request, up to two requests within a twelve (12) month period, 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 for such decision and provide you with a cost estimate before completing your request.

Appeal

If we have denied a consumer request submitted by you in accordance herewith, you can file an appeal with us by contacting us by email at customerservice@eataly.com. We will respond to you in writing within 60 days of receipt of your appeal, explaining the reasons for our decision.             
If we deny your appeal, you can contact the state Attorney General at: 

Office of Attorney General    
PO Box 12548
Austin, TX 78711-2548         
‍https://www.texasattorneygeneral.gov/consumer-protection  

IV.          Opt-Out of Processing of Personal Information for Targeted Advertising

You have the right to direct us not to share your personal information for targeted advertising at any time. We do not share personal information of consumers we have actual knowledge are less than 18 years old for targeted advertising.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following link: https://www.eataly.com/us_en/support/form.

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.

V.            Non-Discrimination

We will not discriminate against you for exercising any of your TDPSA rights. Unless permitted by the TDPSA, 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 with a different level or quality of goods or services; or

·      Retaliate against you for exercising your TDPSA rights.

VI.          Changes to Our Texas 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 the Site and update the notice’s effective date.

VII.        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, or wish to exercise your rights under Texas law, please do not hesitate to contact us at customerservice@eataly.com.

 [EB1]No, we would like to keep it online if possible.

 [FR2]Understood, however note this may be deemed noncompliant with respect to data collected in-store.