BATALI & BASTIANICH HOSPITALITY GROUP – PRIVACY POLICY

Our Commitment To Privacy 

Batali & Bastianich Hospitality Group (“B&B Hospitality Group”, “we” or “us”) recognizes and respects the importance of maintaining the privacy of our customers and we have established this Privacy Policy (“Privacy Policy”) as a result. B&B Hospitality Group’s family of restaurants and markets includes: Babbo Ristorante & Enoteca, Bar Jamón, Becco, Casa Mono, Del Posto, Esca, Felidia, Lupa Osteria Romana, Otto Enoteca & Pizzeria, and Tarry Lodge and Tarry Market, also in New York, The Spotted Pig; Tarry Lodge Enoteca & Pizzeria in Westport, Connecticut; Lidia’s in Pittsburgh and Kansas City; B&B Ristorante, B&B Burger & Beer, Carnevino, and Otto Enoteca & Pizzeria in Las Vegas; Pizzeria Mozza in Newport Beach and San Diego; and Pizzeria Mozza, Osteria Mozza and Mozza2Go in Los Angeles (each, together with other entities affiliated with the B&B Hospitality Group, a “B&B Affiliated Restaurant & Merchant”).

This Privacy Policy is intended to help you understand the types of information we may collect from you or that you may provide when you visit the B&H Hospitality Group main corporate website at www.bandbhg.com and/or the websites of any of the family of restaurants and merchants that are a part of the B&B Hospitality Group found at: www.bandbristorante.com; www.babbonyc.com; www.bandbburgerandbeer.com; www.casamonony.com; www.becco-nyc.com; www.carnevino.com; www.chispacca.com; www.delposto.com; www.esca-nyc.com; www.felidia-nyc.com; www.lidias-kc.com; www.lidias-pittsburgh.com; www.luparestaurant.com; www.mozza2go.com; www.osteriamozza.com; www.ottopizzeria.com; www.pizzeriamozza.com; www.tarrylodge.com; and www.tarrymarket.com (each a “B&B Website”).

This Privacy Policy further describes our practices for collecting, using, maintaining, protecting and disclosing such information.

This policy applies to information we collect on any B&B Website. In viewing and using a B&B Website, you understand that B&B Hospitality Group may use your Personally Identifiable Information (as defined below) subject to the terms of this Privacy Policy, and you consent to (i) the terms of this Privacy Policy and (ii) to the collection and use of Personally Identifiable Information and other information by B&B Hospitality Group pursuant to the terms of this Privacy Policy.

THE B&B WEBSITES ARE NOT INTENDED FOR INDIVIDUALS UNDER 18 YEARS OF AGE 

NO ONE UNDER THE AGE OF 18 MAY PROVIDE ANY PERSONAL INFORMATION TO OR ON A B&B WEBSITE. WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM ANYONE UNDER 18. IF YOU ARE UNDER 18, DO NOT (I) USE OR PROVIDE ANY INFORMATION ON A B&B WEBSITE OR, ON OR THROUGH ANY OF THE FEATURES AVAILABLE ON A B&B WEBSITE, (II) MAKE ANY PURCHASES THROUGH A B&B WEBSITE, (III) USE ANY INTERACTIVE OR PUBLIC COMMENT FEATURES OF ANY B&B WEBSITE OR (IV) PROVIDE ANY INFORMATION ABOUT YOURSELF TO US, INCLUDING YOUR NAME, ADDRESS, TELEPHONE NUMBER, E-MAIL ADDRESS OR ANY SCREEN NAME OR USER NAME YOU MAY USE. IF WE LEARN WE HAVE COLLECTED OR RECEIVED PERSONAL INFORMATION FROM AN INDIVIDUAL UNDER 18 WITHOUT VERIFICATION OF PARENTAL CONSENT, WE WILL DELETE THAT INFORMATION. IF YOU BELIEVE WE MIGHT HAVE ANY INFORMATION FROM OR ABOUT AN INDIVIDUAL UNDER 18, PLEASE CONTACT US AT [INSERT CONTACT INFORMATION].

Why do we gather information? 

We gather certain “Personally Identifiable Information” (e.g. name, e-mail address, street address, telephone number or billing information), subject to the terms of this Privacy Policy, (i) so that we can contact you to respond to inquiries about private dining reservations, (ii) in connection with the placement by you of food orders with certain B&B Affiliated Restaurants & Merchants, (iii) so that we learn about your dining preferences and communicate with you to provide you with relevant information about certain B&B Affiliated Restaurants & Merchants, including special promotions and discounts, and relevant newsletters.

What information does B&B Hospitality Group gather? 

Certain information provided by B&B Hospitality Group on B&B Websites is available without B&B Hospitality Group collecting any Personally Identifiable Information from you.

If you register directly via a B&B Website in connection with a private dining request or to receive communications from us, we will request Personally Identifiable Information such as your name, address, phone number, e-mail address, and other information as set forth on the relevant registration page. Such information may be shared among B&B Affiliated Restaurants & Merchants and may be used to send you future information about certain B&B Affiliated Restaurants & Merchants.

ON EACH B&B WEBSITE YOU HAVE A CHOICE AS TO WHETHER TO PROVIDE B&B HOSPITALITY GROUP WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. 

By submitting Personally Identifiable Information through a B&B Website, you agree to the terms of this Privacy Policy, you expressly consent to the processing of your Personally Identifiable Information according to this Privacy Policy, and you agree to the B&B Hospitality Group Terms of Use, which is located at www.bandbhg.com and on the homepage of each B&B Website (the “Terms of Use”).

When you attempt to make a reservation through a B&B Website, you will be directed to a website operated by a third party, OpenTable, Inc. (“Open Table”). In processing your reservations, you may be asked to provide certain Personally Identifiable contact information including: credit card information, your name, telephone number, e-mail address, etc. Information collected via Open Table will be used pursuant to the terms of the “OpenTable Privacy Policy” at: www.opentable.com/info/privacypolicy.aspx. As described in the OpenTable Privacy Policy, OpenTable will provide B&B Hospitality Group with certain Personally Identifiable Information, which will be used by B&B Hospitality Group pursuant to the terms of this Privacy Policy. B&B Hospitality Group cannot be responsible for the policies or activities of OpenTable and we suggest that you contact OpenTable directly if you have questions about the OpenTable Privacy Policy.

When you choose to purchase a gift card or other products via a B&B Website, you will be directed to a website operated by a third party, eGift Platform LLC (“eGift Platform”). In processing such orders, EGiftPlatform will collect certain Personally Identifiable Information including: your name, telephone number, e-mail address, billing information (credit card number, expiration date and billing address), products purchased, any relevant promotion code and the recipient’s name, address and telephone number. Information collected by eGift Platform will be used pursuant to the terms of the “eGiftPlatform Privacy Policy” found at: www.egiftplatform.com/privacy. As described in the eGiftPlatform Privacy Policy, B&B Hospitality Group will be provided with certain Personally Identifiable Information provided by you, which will be used by B&B Hospitality Group pursuant to the terms of this Privacy Policy. B&B Hospitality Group cannot be responsible for the policies or activities of eGift Platform and we suggest that you contact eGiftPlatform directly if you have questions about the eGiftPlatform Privacy Policy.

We may process your information in the country where it was collected as well as other countries (including the United States) where laws regarding processing of information may be less stringent than the laws in your country.

How we use the information we collect from you 

We use information (i) so that we can contact you to respond to inquiries about private dining reservations, (ii) in connection with the placement by you of food orders with certain B&B Affiliated Restaurants & Merchants, (iii) so that we learn about your dining preferences and communicate with you to provide you with relevant information about certain B&B Affiliated Restaurants & Merchants, including special promotions and discounts, and relevant newsletters. Personally Identifiable Information provided to us through a B&B Website, by eGiftPlatform and/or by OpenTable may be shared among B&B Affiliated Restaurants & Merchants. We will not disclose your e-mail address or any other of your

Personally Identifiable Information to third parties without your permission (except for subsidiaries, subcontractors or agencies acting on our behalf as described in this Privacy Policy, or as otherwise allowed pursuant to this Privacy Policy).

B&B Hospitality Group will not SELL your e-mail address to any third parties. In the future, if this policy changes, we will first amend the terms of this Privacy Policy.

We also reserve the right to use your Personally Identifiable Information to send you communications regarding changes to this Privacy Policy or the Terms of Use.

Though we will make every effort to preserve user privacy, we may need to disclose Personally Identifiable Information when required by law or if we have a good-faith belief that the action is necessary to comply with a pending judicial proceeding, a court order or legal process served on B&B Hospitality Group or to protect our rights or the rights of others, to fight fraud, identity theft, to ensure the integrity and operation of our organization and systems, or to protect the rights, property or safety of B&B Hospitality Group, its employees, members or others. 

Cookies, Web Beacons, Clear Gifs, and IP Addresses 

Do we use “cookies”? Yes. B&B Websites do use cookies and JavaScript to provide some client-side validation and added functionality throughout the site. Most web browsers automatically accept the use of cookies and JavaScript. However, if you disable these features the B&B Websites may not function properly.

Your cookie automatically identifies your computer – but not you – to our servers when you visit a B&B Website and allows us to correlate your computer with certain usage patterns which are stored in our log files. We use cookies to gather general, aggregate statistics about the overall popularity and usage of B&B Websites.

B&B Hospitality Group may also use more temporary cookies, often referred to as session cookies, to keep a user logged into the system and aid in the exchange of information between pages without loss of data. Such a cookie, however, is only stored for the current browsing session and is deleted once the browser is closed. Search for Cookies under your Web browser’s Help menu for more information on cookie management features available to you. As described above, if your browser is set to reject cookies, the B&B Websites may not function properly. B&B Hospitality Group may also collect information through the use of clear gifs (also called Web Beacons and Web Bugs) in selected e-mail messages we send to you. These are tiny graphic files, not visible to the human eye, that are included in HTML-based e-mails and used to let us know which e-mails we send are opened. Clear gifs may also see or read cookies on your computer. When authorized by B&B Hospitality Group, third parties specializing in monitoring aggregate statistical use of B&B Websites with whom we contract, may use cookies, our web log files, web beacons, and other monitoring technologies to compile anonymous aggregate data.

Additionally, we may use IP address information to count and track aggregate visits to B&B Websites, to help diagnose problems with our server, and to administer B&B Websites. B&B Hospitality Group does not link IP addresses to anything personally identifiable, so while a particular user’s session can be tracked, the user remains completely anonymous.

Third-party Access and Use 

Occasionally, we hire third-party service providers to help provide or improve the services we offer you. Sometimes it is necessary for these providers to have access to the Personally Identifiable Information we collect about you. In those cases, we take reasonable steps to ensure that these providers do not use or otherwise disclose any Personally Identifiable Information we collect about you except for the purpose of fulfilling their service obligations to us.

We may share aggregate information about B&B Website users with certain third parties. This information shows user activity as a whole rather than on an individual basis and such aggregate information cannot be used to individually identify you. We may use such aggregated information we collect about B&B Website users to continue to improve our service for you.

In the unlikely event that B&B Hospitality Group undergoes a sale or transfer of all or substantially all of its assets, the acquiring entity will be subject to this Privacy Policy in its use of your Personally Identifiable Information. In addition, in the further unlikely event that B&B Hospitality Group is adjudicated bankrupt or insolvent (a) there will be no further use or disclosure of your Personally Identifiable Information by B&B Hospitality Group and (b) your Personally Identifiable Information will be destroyed. In addition, there will be no use or disclosure of your Personally Identifiable Information by any entity that acquires assets of B&B Hospitality Group pursuant to such bankruptcy or insolvency proceedings.

Other Websites and Links 

In addition to OpenTable and eGiftPlatform, a B&B Website may include links to other third party websites that we think will be of interest to you and are not operated by B&B Hospitality Group. These third party websites have separate data collection and privacy practices independent from ours, and B&B Hospitality Group cannot be responsible for the policies or activities of such other websites. Please contact such third parties directly if you have questions about their privacy policies.

How You Can Review, Correct or Request that We Discontinue use of Your Personally Identifiable Information 

If you would like to review the current details of your Personally Identifiable Information, or if you would like the B&B Hospitality Group to either change, or discontinue use of, your Personally Identifiable Information, please contact us at: legal@bandbhg.com

Our Commitment To Data Security 

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of Personally Identifiable Information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the Personally Identifiable Information we collect online, and we make good faith efforts to store your Personally Identifiable Information in a secure operating environment. If you provide an e-mail and password combination to access portions of a B&B Website, B&B Hospitality Group disclaims any responsibility for a breach of privacy as a result of your willingly or inadvertently disclosing your e-mail and password combination to others.

Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Changes to the Privacy Policy 

We encourage you to review our Privacy Policy not just the first time you visit a B&B Website but periodically afterwards since we may modify our Privacy Policy from time to time. The date of the last update of the Privacy Policy will always be posted below:

THIS PRIVACY POLICY WAS LAST REVISED ON MAY 1, 2013. 

If we make any substantive changes to our Privacy Policy in the future with regard to how we use your Personally Identifiable Information, we will incorporate those changes here. Your continued use of a B&B Website after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue use of all B&B Websites. Lastly, if B&B Hospitality Group is sold or merged with another company, your Personally Identifiable Information will be included as part of the sale but unless you’re notified that the Privacy Policy is changed, your Personally Identifiable Information will be maintained in the same manner as described in the Privacy Policy.

How to Contact us

We appreciate your questions or comments about this Privacy Policy, the practices of the B&B Websites, or your dealings with B&B Hospitality Group. You may contact B&B Hospitality Group as follows:

By mail: 
B&B Hospitality Group 
45 E. 20th Street, 8th Floor 
New York, NY 10003 
Attention: David Gruber

By telephone: (212) 397-2471

By email: legal@bandbhg.com