This is an archived version of our EU-U.S. Privacy Shield Notice. You can view our current EU-U.S. Privacy Shield Notice here opens in a new tab.
Effective Date: 30 September 2016
We at Whole Foods Market, are committed to protecting your privacy. This Notice sets out the privacy principals we follow with respect to transfers of personal data from the European Economic Area ("EEA") to the United States, including personal data we receive from individuals residing in the EEA who visit our web and mobile sites or apps and/or who use any of our services or otherwise interact with us ("you").
We adhere to the EU-US Privacy Shield Framework as set forth by the European Commission and the US Department of Commerce regarding the collection, use and retention of personal data from European Union member countries. Whole Foods Market Services, Inc., and its subsidiaries and affiliated companies, including Fresh and Wild Ltd., based in the UK ("Whole Foods", "we", "us"), has certified adherence to and commits to apply the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.
For purposes of enforcing compliance with the Privacy Shield, we are subject to the investigatory and enforcement authority of the US Federal Trade Commission.
For more information about the Privacy Shield, see the US Department of Commerce’s Privacy Shield website located at: https://www.privacyshield.gov opens in a new tab. To review our certification on the Privacy Shield list, see the US Department of Commerce’s Privacy Shield self-certification list located at: https://www.privacyshield.gov/list opens in a new tab.
Types of personal data we collect and use
Our online privacy policy located at https://www.wholefoodsmarket.com/privacy-policy describes the categories of personal data we may receive in the United States, as well as the purposes for which we use that personal data. We will only process personal data in ways that are compatible with the purpose we collected it for, or for the purposes you later authorize. Before we use your personal data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt-out. We maintain reasonable procedures to help ensure that personal data we collect and use is reliable for its intended use, accurate, complete, and current.
Data transfers to third parties.
Agents, consultants and service providers: We may share your personal data with our contractors and service providers who process personal data on our behalf to perform certain business-related functions. These companies include our marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others. When we engage another company to perform such functions, we may provide them with information, including personal data, in connection with their performance of such functions.
If we have received your personal data in the United States and subsequently transfer that information to a third party agent or service provider for processing, and such third party agent or service provider processes your personal data in a manner inconsistent with the Privacy Shield Principles, we remain responsible and liable under the Privacy Shield Principles unless we can prove we are not responsible for the event giving rise to the damage.
Our Group Companies: We may also share your personal data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Notice.
Business Partners: We also provide information to our business partners, such as distributors and resellers, to fulfill product and information requests, to conduct promotions and other similar events, and to provide customers and prospective customers with information about us and our products and services.
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal data may be part of the transferred assets.
Disclosures for National Security or Law Enforcement: Under certain circumstances, we may be required to disclose your personal data in response to valid requests by public authorities, including on occasion as needed to meet national security or law enforcement requirements.
Legal Requirements: We may disclose your personal data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency ,or in the good faith belief that such action is necessary (a) to comply with a legal obligation, (b) to protect or defend our rights, interests or property or that of third parties, (c) to prevent or investigate possible wrongdoing in connection with the Services, (d) to act in urgent circumstances to protect the personal safety of Users of the Services or the public; or (e) to protect against legal liability.
For further information about how we disclose your personal data, please see our online privacy policy located at https://www.wholefoodsmarket.co.uk/privacy-notice opens in a new tab.
Security
We maintain reasonable and appropriate security measures to protect personal data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.
Access rights
You may have the right to access personal data that we hold about you and request that we correct, amend, delete it if it is inaccurate or processed in violation of Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your personal data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.
Your choices
You may choose to change personal data or cancel an account by contacting us using the contact details below. You can also unsubscribe from our marketing communications by following the instructions or unsubscribe mechanism in the e-mail message, or by updating your marketing preferences located within your account settings.
Questions or complaints
You can direct any questions or complaints about the use or disclosure of your personal data to us at privacyandterms@wholefoods.com. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of personal data within 45 days of receiving your complaint.
We have further committed to cooperate and comply with the panel of European data protection authorities (DPAs) in the resolution of any Privacy Shield complaints. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact your local DPA. Their contact details can be found here: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm opens in a new tab
Binding arbitration
You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with us and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. To find out more about the Privacy Shield's binding arbitration scheme please see www.privacyshield.gob/article?id=My-Rights-under-Privacy-Shield opens in a new tab.
How to contact us
If you have any questions regarding this Notice or if you need to request access to or update, change or remove personal data that we control, you can do so by contacting us at privacyandterms@wholefoods.com or by regular mail addressed to:
Whole Foods Market Services, Inc.550 Bowie Street
Austin, TX78703-4644
(Attention: Legal Counsel, Privacy)
Changes to this Notice
We reserve the right to amend this Notice from time to time consistent with the Privacy Shield's, requirements.