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Privacy Policy

PRIVACY POLICY/(CALIFORNIA) YOUR PRIVACY RIGHTS

 

Last updated: October 3, 2013

 

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Mario Batali LLC (“Service Provider,” “we,” “us” or “our”) respects the privacy of visitors to www.mariobatali.com (the “Site”).  The following privacy policy (the “Policy”) covers our collection of information on the website http://www.mariobatali.com/ (“Site”) only, however it is accessed or used (whether on computer, mobile devices or otherwise).  The purpose of this Policy is to inform our visitors (“you,” or “your”) about the types of information we gather about you when you visit our Site, how we may use that information, with whom it is shared, what choices you have regarding our use of your information and how you may access some of the information you provide to us.  This Privacy Policy does not apply to any information you may provide to us, or that we may collect, offline and/or through other means (for example, at a live event, via telephone or through email) or to information collected on any other website or application.

 

Because the internet is an evolving medium, we may need to change the Policy from time to time and, accordingly, we reserve the right to change this Policy at any time by posting a new privacy policy at this location.  Therefore, we encourage you to refer to this Policy on an ongoing basis so that you understand our Policy and are aware of any changes.  Continued access will constitute your acceptance of any such changes. To the extent we provide notice to you on the Site that different or additional privacy policies or practices apply (for example, at the point we collect your personal information), those additional terms shall govern such data collection and use.

 

PLEASE READ THIS POLICY CAREFULLY BEFORE USING THE SITE.  You can access this Policy at any time at http://www.mariobatali.com/privacy-policy/BY VISITING THE SITE, YOU AGREE THAT YOUR USE OF THE SITE, AND ANY DISPUTE OVER OUR ONLINE PRIVACY PRACTICES (INCLUDING OUR COLLECTION, USE AND SHARING OF YOUR INFORMATION AND DATA) ARE GOVERNED BY THIS POLICY AND OUR TERMS OF USE http://www.mariobatali.com/terms-of-use/ IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, OR ANY POSTED GUIDELINES OR RULES, THEN PLEASE DO NOT USE THIS SITE.

 

 

You should read the full Policy below before using the Site, but here are some highlights:

 

  1. 1.     We ask you for, and use technology to detect, information about you.  Some of this information is shared with others, including our service producers and advertisers.
  2. 2.     You may be served with targeted advertising, including but not limited to, location-based advertising.  For information about how to opt-out of certain targeted advertising in the United States, visit: http://www.networkadvertising.org/managing/opt_out.asp
  3. 3.     Third parties, including, but not limited to, our service providers and advertisers, may also collect information about you.

4.     We use the personally identifiable information and other information we collect about you, or that you provide, for a variety or purposes, including, but not limited to, in order to present the Site to you, or allow you to participate in interactive features on or social media apps embedded on the Site, or to communicate with you. We may also provide you with an opportunity to learn more information about selected companies who we think can offer you services and products of interest to you.
5.     We may disclose your personally identifiable information and other information we collect about you or that you provide to us to subsidiaries, affiliates, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep your personally identifiable information confidential and use it only for the purposes for which we disclose it to them.
6.     We may also disclose your personally identifiable information and other information you provide for any other purpose disclosed by us when you provide the information or to fulfill the purpose for which you provide it. For example, if you give us a third party’s email address to use any email functionality on our Site, we will transmit the contents of that email and your email address to the recipient(s).
7.     We may also disclose your personally identifiable information or other information to comply with any law or legal proceeding or process, to enforce our Terms of Use, or if we believe disclosure is necessary or appropriate to protect the rights, property or safety of Service Provider or any other person or entity.
8.     YOUR CALIFORNIA PRIVACY RIGHTS: We do not disclose the personal information of a California resident to any third party for its direct marketing purposes without consent.

 

THE FULL PRIVACY POLICY

 

Personally Identifiable Information

 

At various locations on our Site, such as when you register, subscribe, contact us, or participate in promotions or Interactive Areas (“Interactive Areas” include chat rooms, bulletin boards, message boards or auditoriums, article or blog comment areas, SMS text messaging, mobile alerts, and mobile e-mail updates), we may request that you supply us with personally identifiable information, e.g., name, e-mail address, postal addresses, home, work and/or mobile telephone number, birth date and/or gender (such information is referred to as “Personal Information”). We may collect Personal Information in various places on the Site, including email newsletter sign-ups, when you submit information, communicate with us or otherwise interact with us.  We may survey visitors about various topics, including local restaurant picks, recipes, food preferences, travel experiences, favorite products and how we can improve our Site and services, and certain of the information you submit for such surveys may be personally identifiable information.  Response to our surveys is entirely voluntary.  We may also provide you with an opportunity to learn more information about selected companies who we think can offer you services and products of interest to you.  If you do not want your Personal Information collected, please do not submit it to us.  We and our third-party service providers may use various currently existing technology and methods and/or methods and technology that are subsequently developed to collect, process and store the Personal Information.

When you do provide us with Personal Information we may use that information to better understand your needs, how we can improve our Site, Mario Batali’s restaurants, service offerings, products, and your browsing experience, in order to provide you with information, marketing and advertising tailored to your specific interests and preferences.  We may also use Personal Information to contact you, for example, to answer a question or respond to a comment you have submitted directly to the Site or through a third-party social media site that interacts with or is embedded on the Site, to customize your experience on the Site, to provide information or services you requested, to request feedback, distribute newsletters, to enable you to participate in (including to notify the winner(s) of) promotions sponsored by us or conducted through the Site and allow participation in Interactive Areas, for internal business purposes and as otherwise set forth in this Policy.  In addition, we may use your Personal Information to keep you up to date on the latest product and event announcements, restaurant openings, special events, book signings, appearances and for communicating other information we think you would like to hear about.

Except as expressly set out in this Policy, or as disclosed when you sign up for, or otherwise provide information to use, or participate in, an optional feature on the Site (e.g., signing up for newsletters, contests or sweepstakes), we will not disclose any personally identifiable information to a third party without your express prior authorization, nor will we use that information for any purpose other than as described in this Policy.

Consistent with the Children’s Online Privacy Protection Act of 1998, as amended we do not knowingly request or accept personal information from children under the age of thirteen (13) without verifiable consent.  If we learn that personally identifiable information of persons under thirteen (13) years of age has been collected on the Site, we will take the appropriate steps to delete this information.

 

Non-Personally Identifiable Information We Collect and May Process and Store

 

When you visit or use our Site, in addition to Personal Information described above, we and our third-party service providers may use a variety of technologies that automatically and/or passively also collect, process and store other information.  Examples of this type of information include your IP address or other unique device identifier (which device identifier is automatically assigned and is used by our (and our third-party service providers’) computers use to identify your device), the type of Internet browser or computer operating system you use, demographic information (your age, gender, income, education, profession, zip code, etc.), the date and time you visited our Site, your device location, your mobile network, the pages and advertisements you accessed, your media consumption on the Site (e.g., video viewing), the name of the website from which you linked to our Site and other data involving your use of our Site (“Usage Information”). Usage Information may be non-identifying or may be associated with your Personal Information. Aggregate information is not linked to your Personal Information. We also may ask for additional information (e.g., your favorite foods, brands and interests) which you have the option not to provide.  We and our advertisers and third-party service providers may use various currently existing technology and methods and/or methods and technology that are subsequently developed to collect, process and store the Usage Information. This policy in no way restricts or limits our collection, processing and use of aggregate information and we may use and share this information with third parties to analyze trends, to gather broad demographic information for aggregate use and for marketing and promotional purposes.

 

Without limiting anything set out elsewhere in this Policy, we can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Terms of Use or to protect the Site, customers, or other individuals.  We also reserve the right to use or disclose non-personally identifiable information in any manner we see fit, including for purposes of improving the Site.

 

Some of the technologies we currently use to collect information include the following:

 

Cookies, Web Beacons & Similar Technologies

 

Cookies: We may use “cookies” – small pieces of data or text files that are stored on your computer tied to information about you.  This information will help us enhance your experience on the Site (e.g., the option of saving your username and password, if any, for the Site by placing a cookie on your personal computer).  Cookies can store non-personally identifiable information, such as your IP address, what websites, pages, or advertisements your browser has accessed and may be tied to the Personal Information you knowingly choose to provide to us.

 

Cookies help establish a user session and allow our server to correctly provide site users with the appropriate information, advertisements and services.  We use both persistent and session cookies, as well as embedded scripts.  Session cookies and embedded scripts exist only for as long as your browser remains open.  When the session ends, the browser is closed and the cookies and embedded scripts are deleted or deactivated.  Persistent cookies, in contrast, last from visit to visit.  Persistent cookies are saved on a visitor’s computer by the browser and do not go away when you exit your browser.  We may use both types of cookies to enable us to collect aggregate information on the usage patterns of our Site, such as what areas of the Site are visited most often, so we can tailor our Site to user preferences. Some of our advertisers and sponsors occasionally serve you cookies as well.  We do not have control over cookies placed by advertisers or sponsors.  We may also use advertising service vendors to help display or present advertisements on the Site and/or provide analytic information regarding such advertisements. These vendors may use cookies, web beacons, or similar technologies to serve you advertisements tailored to interests you have shown by browsing on this and other websites you have visited, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements.  In doing so, you may voluntarily furnish Personal Information to such vendor and/or these vendors may also collect Usage Information (see above for more information).  Even if they use our technology to track, collect or store data, the use of cookies, web beacons, or other tracking technologies by these advertisers, sponsors and advertising service vendors is subject to their own privacy policies, not ours, and Service Provider disclaims all liability in connection therewith.  If you do not want the benefits of these advertising cookies, you may be able to opt-out in the United States by visiting http://www.networkadvertising.org/managing/opt_out.asp; note that “opting-out” through these procedures does not mean that you will not receive targeted content and/or ads from third parties that are sent by companies that are not the National Advertising Initiative members with respect to which you opted-out.  If you are located in the US, you may also opt-out of received third party behavioral ads on the Site by opting-out on the Digital Advertising Alliance website at www.aboutads.info/choices.

 

A “Flash” cookie is placed on your device via the Adobe Flash plug-in that may be built into or downloaded to you to your device; information regarding disabling Flash cookies can be found on Adobe’s website at www.adobe.com. “HTML5” cookies do not require a plug-in. Most Internet browsers can be set to refuse to accept cookies, although this may affect your Internet experience.  You can also erase cookies that are already on your computer, block all cookies or receive a warning before a cookie is stored.  Each browser you use will need to be set separately, and each browser offers different functionality and options, and browser settings may not effectively block or disable Flash cookies or HTML5 cookies. Please refer to your browser instructions or “help” screen to learn more about these functions.

 

Beacons:

 

We may use “web beacons” (also known as Internet tags, pixel tags, single-pixel GIFs, clear GIFs, invisible GIFs, 1-by-1 GIFs, and web bugs) – tiny graphic files placed on a Web page or electronic message which send a signal when a user has visited that page or message – allowing the Site to collect standard access information, such as time and date of a page or message view, and a description of the page or message on which the web beacon resides.  We use web beacons to help manage the effectiveness of our online advertising and to gather access information, such as counting the users who have visited those pages, compiling aggregated statistics about Site usage and monitoring how users navigate the Site.

 

Other Technology:

 

Certain mobile service providers identify individual mobile devices and we and our third-party service providers may receive such information if you access the Site through a mobile device. Additional information may be collected when you use a mobile device to access the Site, including your mobile phone number and the physical location of your device; this information may be collected by your mobile service provider, our Site or our third-party service providers and such information may be shared with us.

Our Site or our third party service providers may use geo-tracking software (or other location based service software).

 

E-MAIL COMMUNICATIONS.

 

When you provide us with your e-mail address, for example, when you subscribe to our e-mail list (including, but not limited to, for our electronic newsletter), we share that information with our third-party service providers, and we may share your e-mail address with certain third parties that we believe may be of interest to you.  We may also use e-mail addresses to occasionally deliver information relevant to you, such as special events, benefits, newsletters, promotions, surveys and notification of other noteworthy news items.  If you send us an e-mail with questions or comments, we may use the personal information you provide to respond to your questions or comments, and we may save your questions or comments for future reference.  However, we will provide you with the option to change your preferences and “opt-out” of receiving those communications.  You may request at any time that we not e-mail you in the future by clicking the “unsubscribe” link which is included at the bottom of any e-mail communication that you receive from us and hitting send, or by contracting us at general@mariobatali.com.  When contacting us by e-mail, please insert “UNSUBSCRIBE” in the subject line and the body of the message.  If you unsubscribe, you should assume that your request has been received and is being processed.  Please allow us ten (10) business days from our receipt of your request to complete the removal of your e-mail address from our database. As some of our promotions may have been in process before you submitted your *unsubscribe” request, we will make reasonable efforts to discontinue these e-mail communications as soon as practicable.

 

USER GENERATED CONTENT, SOCIAL MEDIA AND PUBLIC INFORMATION

 

You may be permitted to submit photographs, recipes, questions, video, comments, suggestions or other content directly through the Site or through one or more social media applications embedded in the Site (e.g., Twitter), which may include your Personal Information (collectively the “User Generated Content”). We may use or authorize third parties to use the User Generated Content (or any portion thereof) as well as your name, likeness and other Personal Information on-line or off-line in any media, format or manner, now known or hereafter developed for editorial, instructional, advertising, marketing, publicity and promotional purposes. Use of your User Generated Content is also governed by our Terms of Use http://www.mariobatali.com/terms-of-use/

 

CERTAIN THIRD PARTY TRANSACTIONS.

 

We may disclose Personal Information and/or Usage Information to our affiliates, subsidiaries, partners, service providers, contractors, licensors, licensees and agents who assist us in providing services in connection with this Site and/or a Mario Batali-related business.  For example, when you shop for certain Mario Batali-branded products or services on this Site, you may be redirected to a third-party website that is owned and/or hosted by a third party and any information you provide while on that website (signing up for newsletters, making reservations and/or purchasing products) will be governed by its privacy statement (please see the section entitled “Third Party Websites” below for more information).  In addition, we also allow access to our database by third parties we engage to assist us in designing, managing and hosting the Site and/or for providing certain other services.  For example, we may hire a company to facilitate our online and/or email services, administer promotions (including contests and sweepstakes) or conduct surveys on our behalf; in these instances, we may need to share your Personal Information, but we do not authorize these third parties to use your Personal Information for any other purpose.  In addition, if some or all of the assets of our business are sold to a third party, such third party will be entitled to use the Personal Information disclosed by users of our Site, as well as the Usage Information.  Both the Personal Information, Usage Information and non-personal information that we or other third parties have collected may be transferred as part of the transaction.

 

THIRD PARTY WEBSITES, APPLICATIONS AND CONTENT.

 

Our Site contains links to other websites and may embed third party applications (for example, Mario’s Twitter feed), as well as functionality that permits certain kinds of sharing and other interactions between the Site and your account(s) (and other persons’ and businesses’ accounts) on third party websites or applications, including but not limited to, links to advertisers’ websites and sharing with social media sites and applications.  Those advertisers and other third party websites and applications may collect Personal Information, Usage Information and other information when you “click” on their advertisement (which may take you off our Site and redirect you to another website or application that we do not control), when pages from our Site are served to them or when you interact with their website or application in other ways from our Site.  Third party service providers may implement or facilitate these sharing and other interactions. Note that when you use any “sharing” or social media functionality we provide on our Site, your email address, name, user name or other Personal Information may be included in the information that is visible on our Site or the third party’s website or application, or included in what you send to your addressee(s). In addition, when you use a third party website or application that is embedded in or interacts with our Site, your user name, messages and other information from such third party site or application may appear on our Site and we do not control of or have access to your communications through such sites or applications. In addition, some or all of these third parties websites, applications and/or service providers may share your personal information with us.  These third parties may retain your personal or other information, and their practices are not subject to our Privacy Policy; you should review the Terms of Use and Privacy Policies of the applicable third party sites or applications before you use their tools on our Site, and we are not responsible for their privacy practices or policies. nor do we endorse any such other websites, tools or applications. This Policy applies solely to information collected by our Site and does not cover information collected elsewhere, including without limitation on websites linked to from the Site.

 

SWEEPSTAKES, CONTESTS AND PROMOTIONS

 

We may offer sweepstakes, contests and/or other promotions (each a “Promotion”) through the Site that require registration. By participating in a Promotion, you are agreeing to the official rules, terms and conditions of that Promotion, which may include, among other things, the requirement that, except as prohibited by law, your name, likeness, and voice may be used by the sponsor of the Promotion and/or companies that furnish the prizes therefor, and/or in advertising or marketing associated with the Promotion. In addition, your Personal Information may be shared with third parties or the public in connection with the administration of the Promotion, including, but not limited to, on a winners list.

 

ADDITIONAL INFORMATION SHARING.

 

Though we make every reasonable effort to preserve the privacy of our users’ Personal Information, in addition to the uses and information sharing described above, we may need to disclose Personal Information as required by law, rule or regulation or where we have a good-faith belief that such action is necessary to protect our rights and/or to comply with a judicial proceeding, court order, as requested by a governmental or law enforcement authority or other legal process.  This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.  In addition, we reserve the right to use or disclose Usage Information and other non-Personal Information in any way we see fit.

 

SITE LOCATION

 

The Site is operated in the United States and is intended for use by users located in the United States (including the District of Columbia and the US territories and possessions).  If you are located outside of the United States, please be advised that the Personal Information, Usage Information and other information we collect will be transferred to, processed and stored in the United States, and may also be transferred, processed, stored and/or used outside the United States. The US data protection laws may differ from those of the location in which you reside and your Personal Information and/or Usage Information may be subject to access requests or demands from governments, courts or law enforcement in accordance with the laws of the United States and other jurisdictions.  By using the Site you consent to the transfer, use and storage of your Personal Information and Usage Information in the United States or outside the United States by third parties with whom we share such information pursuant to this Policy.

 

SECURITY.

 

Our Site has taken reasonable security measures in place to protect against the loss, misuse and alteration of information under our control. However, it is not possible to guarantee the security or integrity of information disclosed online or over wireless communication or stored electronically.  As no data transmission over the Internet, wireless transmission or electronic storage is completely secure, we urge you to take every precaution to protect your personal data when you are on the Internet or wireless transmission.  Because no physical or electronic security is impenetrable, by using the Site, you agree to assume all risks in connection with the information sent to us or collected by us when using the Site.

 

CALIFORNIA RESIDENTS: YOUR PRIVACY RIGHTS.

 

Pursuant to California Civil Code section 1798.83, a California resident who has provided personal information to a business with whom he/she has established a business relationship has the right to request from that business certain information regarding whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes.  In general, if the business has made such a disclosure of personal information, the business is required to provide a list of all third parties to whom such personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed, upon receipt of a request by a California resident.  However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy.  Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.  As described in this Policy, Service Provider does not disclose such personal information of a California resident to any third party for its direct marketing purposes without consent.

 

HOW TO CONTACT US.

 

If you have any questions or suggestions regarding our Policy, or if you have submitted personally identifiable information through the Site and would like access to such information or to have that information corrected, please contact:

 

Postal address:
Mario Batali LLC
110 Waverly Place

New York, New York 10011

ATTN: Legal

 

E-mail:
general@mariobatali.com

 

 

RETENTION OF INFORMATION.

 

Any information we collect may be retained for an indeterminate period of time.

 

Last updated on October 3, 2013

 

Copyright © 2013 Mario Batali LLC.  All rights reserved.