Effective Date: April 24, 2017.
We participate in and comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data from the European Economic Area ("EEA") member countries. You can find out more about our commitment to the EU-U.S. Privacy Shield Framework in our EU-U.S. Privacy Shield Notice available here: http://wholefoodsmarket.com/eu-us-privacy-shield-notice. Further information about this framework is set out below. California residents have certain rights set forth in "Your California Privacy Rights” below. U.K. residents have certain rights set forth in "Your U.K. Privacy Rights” below.
Information You Provide to Us
We collect information you provide directly to us via the Service, such as when you register, create an account profile, subscribe to our emails, mobile messages, push notifications, or social media notifications, post on our forums or blogs, participate in a sweepstakes, contest, promotion, survey, or poll, communicate with us, shop our online store, order physical or digital gift cards, request customer support, apply for a job or otherwise communicate with us through the Service.
We, our service providers and Third Party Services (defined below) may automatically collect certain information about you when you access or use our Service. This information, which may in some cases be considered Personal Information/Personal Data under applicable law, may include demographic information; IP address; browser/device/hardware type; operating system characteristics; information about your use of our Service; and data regarding network connected hardware (e.g., computer or mobile device), such as unique device identifiers, type, model, version, MAC address, device or session ID, error related data status, capability, confirmation, functionality, performance data, and connection type. This information may also include clickstream data, which is information about the page-by-page paths you take as you browse through the Service.
The methods that we, our service providers and Third Party Services may use to automatically collect such information in connection with our Service include:
We, our service providers and other third parties may associate Tracking Technologies with your device when you visit the Service that permits tracking of your online activities across time and different services, and associate different devices you use, for purposes including to send you product promotions that are aligned with your purchase trends and/or interests identified through automatically-collected information. See the Advertising & Analytics Services and Online Tracking and Analytics, Advertising, Online Tracking and Your Choices sections below for more information on use of Tracking Technologies and your choices regarding that. We are giving you notice of the Tracking Technologies and your choices regarding them so that your consent to encountering them is meaningfully informed.
This means that some information about your browsing of the Service and certain third party locations and services may be shared with these companies for the purpose of delivering content, offers and ads to you on the Service and certain third party locations and services, and Whole Foods may receive from some of these companies information about third party locations and services that you have visited and other information about you, including Cross-device Data. This information may be used for marketing purposes and the practice is sometimes termed “interest-based advertising” or "retargeting" to indicate that information from one retailer is used to suggest to you relevant products offered by another retailer. We may also work with third parties to serve ads to you as part of a customized campaign on other websites or platforms. We may also use this data to provide you with more relevant content and offers on our Service and in our communications to you.
These and other third parties may also collect information about your online activities over time and across different websites when you use our Service.
Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, Whole Foods currently does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.
We may use your Personal Information/Personal Data for various purposes, including to:
In our sole discretion, we may also use aggregated and other non-personal information as permitted by applicable laws.
Our agents, vendors, consultants and other service providers (“service providers”) may have access to, or receive from us, your Personal Information/Personal Data, and other information about you, to carry out work on our behalf; however, we do not authorize our service providers to use your Personal Information/Personal Data for any purpose other than to provide this assistance.
In addition, we may share Personal Information/Personal Data about you as follows:
In our sole discretion, we may also share aggregated and other non-personal information as permitted by applicable law.
The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information/Personal Data (collectively, “User Content”), such as on blogs and forums, and in association with your account and user profile. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information/Personal Data, in connection with your User Content. Please note that Whole Foods does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service. We are not responsible for User Content you submit to Third Party Services via our Service. California and U.K. minors have certain rights regarding User Content explained in the Children section below.
We may offer sweepstakes, contests, surveys, polls, and other promotions (each, a “Promotion”) that may require registration or for you to submit Personal Information/Personal Data. These Promotions are strictly voluntary. If you choose to enter a Promotion, your Personal Information/Personal Data may be disclosed to third parties in connection with the administration of such Promotion, such as in connection with winner selection, prize fulfilment, and as required by law, such as on a winners list. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials. Whole Foods may offer opportunities to enter a contest or sweepstakes or other feature that we offer jointly with a third party. As a result of your participation in such feature, your information may be shared with the third party that is jointly offering the feature, which will be disclosed at the time your information is collected.
The Service may contain hyperlinks to other websites or locations, including the career, gift card and online shopping sections of our Service, and plug-ins (e.g. Social Features discussed in the next section), third party Tracking Technologies and other third party applications and content made available on or via our Service, that are operated by third parties ("Third Party Service(s)"). We make no representations and accept no responsibility or liability regarding the policies or business practices of such Third Party Services and encourage you to familiarize yourself with their privacy policies before accessing them or otherwise providing them with your Personal Information/Personal Data. In some cases we and Third Party Services may each post terms and policies on a Third Party Service, in which case our terms and policies govern us and the Third Party Service operator’s terms and policies govern them.
Certain functionality in connection with the Service is specifically designed to permit social and other interactions that you initiate between the Service and Third Party Services, including third party social networks (“Social Features”). Examples of Social Features include enabling you to transmit content to the Service from your account on a Third Party Service; to “like” or “share” our Service content to Third Party Services; to log-in to the Service using your username and password for a Third Party Service; and to otherwise connect our Service to Third Party Service.
If you choose to use Social Features, information you post or provide access to, including User Content, may be publicly displayed on our Service or by the provider of the Social Feature that you use. Similarly, if you post information on a third party platform, site, application or service that references our Service (e.g., by using a hashtag associated with Whole Foods in a tweet or status update), your post may be published also on our Service, which will be treated as User Content. Also, both Whole Foods and the third party may have access to certain information about you and your use of our Service and the Third Party Service. In addition, we may receive information about you if other users of a Third Party Service give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connections’” web pages, profile pages, or similar pages on the Third Party Service.
If you are a United States resident, you may use a referral feature to inform a friend about our services. Whole Foods may use any email address provided when using this referral feature to send an email on your behalf to such designated recipients about the particular promotion, product, or service in which you indicated your "friend" may have an interest. By using such a referral feature, you represent that you and your friend are United States residents and that you have permission to provide your friend’s email address and to send them a message.
You can opt out of receiving promotional email communications from us at any time by following the instructions provided in those communications, by logging into your account and adjusting these settings yourself or email us by using the contact form below. You may also remove yourself from our promotional email list by clicking on the unsubscribe link presented in all promotional emails, including newsletters, we send to our customers. Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails, such as those about our on-going business relations. Our mobile applications may send you notifications that may include alerts, sounds, and icon badges. These push notifications or in-app messages may include both operational messages and promotional messages regarding products, services and offers that may be of interest to you. These can be configured in the app’s Settings. As with emails, even if you opt out of receiving promotional communications, we may continue to send you non-promotional push notifications, such as those about your use of the app or our on-going business relations.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Service may allow you to review, correct or update Personal Information/Personal Data, and to change your communications and interest preferences you have provided through the Service’s registration or in your account profile, which changes may be limited to those databases. If you would like to otherwise, review, correct or update Personal Information/Personal Data you have provided us through the Service, contact us by using the contact form below. We will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable (but we may retain prior information as business records).
With respect to our apps, you can prospectively stop all collection of data via the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device or in the app’s settings. However, other means of establishing or estimating location (e.g., connecting to or proximity to wi-fi, Bluetooth, beacons or our networks) may persist. See also the next section regarding the DAA’s mobile interest-based advertising choices.
Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Also, if you have made any public postings on the Service such as in forums or blogs, these communications cannot generally be removed, except California and U.K. minors should see the Children section below.
You can learn more about the practices of third parties that associate cookies with our Service, and the choices they offer, by reviewing their privacy policies. See the Advertising & Analytics Services and Online Tracking section above for how to identify cookies and information on their operators and the choices they may offer. For instance, you can learn more about the privacy practices of, and choices offered by, One Spot and AdNexus, which provide us data for, and assist us in, content and ad customization at: https://www.onespot.com/privacy-policy/; and https://www.appnexus.com/en/company/platform-privacy-policy#choices.
In addition, certain advertising networks and exchanges may participate in the Digital Advertising Alliance ("DAA") AdChoices Program and may display an Advertising Option Icon for interest-based ads. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/ and its opt-out program for mobile apps at http://www.aboutads.info/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI”). The NAI has developed a tool that allows consumers to opt out of targeted advertising delivered by NAI members' ad networks. To learn more about opting out of targeted advertising or to use the tool, click here: http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of targeted advertising, you will continue to receive other types of ads. Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non-browser-based method of access (e.g., mobile app ), your NAIIDAA browser-based opt-out may not, or may no longer, be effective. Whole Foods supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf) and expects that ad networks we directly engage to serve you interest-based advertising will do so as well, though Whole Foods cannot guaranty their compliance. We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
As mentioned above, we participate in and comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data from the European Economic Area (“EEA”) member countries.
The independent dispute resolution body that will investigate any unresolved complaints is the U.K. regulator, the Information Commissioner’s Office, whose website is https://ico.org.U.K./.
You can find out more about the Privacy Shield program and any businesses approved to participate in Privacy Shield here:
Our Service is intended for a general audience and not directed to children under 13 years of age. However, some portions of our Service may be intended as appropriate for all ages, or in other words a mixed audience of users under 13 years of age and users 13 and over, or for users under 13 years of age (e.g., a separate ‘Kids” section). For further information on how we treat Children’s Personal Information/Personal Data in connection with any mixed-use portions of our Service (if any), please see our Children’s Privacy Notice, which will be deemed incorporated herein for purposes of that part of our Service.
We do not intend to collect Personal Information/Personal Data as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information/Personal Data”) in a manner that is not permitted by COPPA, and for any children’s or mixed-use portions of our Service (if any) we will comply with COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information/Personal Data in a manner not permitted by COPPA, please contact us by using the contact form below and we will remove such data to the extent required by COPPA.
Any California or U.K. residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us using the contact form below or by sending a letter to Whole Foods Market Services, Inc., 550 Bowie Street, Austin, TX 78703-4644, United States (Attention: Legal Counsel) or Fresh & Wild Limited, The Barkers Building, 63-97 Kensington High Street, London, W8 5SE, United Kingdom (Attention: Legal Counsel), stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
Parents may want to consider commercially available parental control protections to limit what minors can access online and/or monitor their minor children’s online activities. Examples include: www.netnanny.com; www.webwatcher.com and www.sentrypc.com. We do not endorse these or other services and are not responsible for them.
California law permits customers in California to request certain details about how their information is shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business must either provide this information or permit California customers to opt in to, or opt out of, this type of sharing.
We may from time to time elect to share certain information about you collected by us on the Service with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. If you are a California resident, you may opt out of such future sharing of your personal information (as defined by the California Shine the Light Act) and/or request information about our compliance with this law by contacting us using the contact form below or by sending a letter to Whole Foods Market Services, Inc., 550 Bowie Street, Austin, TX 78703-4644, United States (Attention: Legal Counsel). Any such request must include "California Privacy Rights Request" in the first line of the request and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address. California minors have additional privacy rights set forth in the Children section above.
Users from the U.K. have the right to ask us to amend or limit the processing of their personal data, (as defined by U.K. law) and in particular not to process their personal data for marketing purposes. We will inform you (before collecting your personal data) if we intend to use your personal data for such purposes or if we intend to disclose your personal data to any third party for such purposes. You can exercise your rights to prevent such processing by checking certain boxes on the forms we use to collect your personal data. You can also exercise the right at any time by contacting us at Fresh & Wild Limited, The Barkers Building, 63-97 Kensington High Street, London, W8 5SE, United Kingdom (Attention: Legal Counsel) or by contacting us using the contact form below .
Our Service may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The U.K. Data Protection Act 1998 ("the DPA 1998") gives users from the U.K. the right to access information held about you. Your right of access can be exercised in accordance with the DPA 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. U.K. minors have additional privacy rights set forth in the Children section above.
We take reasonable steps to have physical, electronic and procedural safeguards in place to help protect your Personal Information/Personal Data. This may include, in appropriate circumstances, use of Secure Socket Layer (SSL) encryption. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information/Personal Data, we cannot guarantee or warrant the security of any information collected through our Service.
For U.S. users:
Whole Foods Market Services, Inc.
550 Bowie Street
Austin, TX 78703-4644, United States
(Attention: Legal Counsel)
For U.K. users:
Fresh & Wild Limited
The Barkers Building
63-97 Kensington High Street
London, W8 5SE, United Kingdom
(Attention: Legal Counsel)
We may not respond to all request or inquiries.