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TERMS & CONDITIONS
Effective Date: March 30, 2017.
YOUR USE OF OUR SERVICE IS GOVERNED BY THESE TERMS & CONDITIONS
You are interacting with our Service (defined below), which is owned by Whole Foods Market Services, Inc., 550 Bowie Street Austin, TX 78703-4644, United States (“Whole Foods,” “we,” “our,” or “us”). These Terms & Conditions govern your use of any online service location that posts a link to these Terms & Conditions and all features, content, and other services that we own, control and make available through such online service locations (collectively, the “Service”). By using the Service, you accept the Service’s Privacy Policy and these Terms & Conditions, and consent to the collection and use of your data in accordance with the Privacy Policy. In some instances, both these Terms & Conditions and separate terms will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms & Conditions and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
PROPRIETARY RIGHTS
All right, title and interest in the Service, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Whole Foods or its licensors. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part.
In using the Service, you must respect the intellectual property and other rights of Whole Foods and others. Your unauthorized use of Content (defined below) may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Whole Foods respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see the Section entitled DMCA NOTICE - NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT below. These Terms & Conditions and any applicable Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Whole Foods and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
CONTENT
The Service (including past, present, and future versions) and all content included on the Service, such as recipes, menus, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) are owned or licensed property of Whole Foods or its suppliers or licensors and are protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Whole Foods owns a copyright in the selection, compilation, assembly, coordination, arrangement and enhancement thereof. All Content is also protected by U.S. and international trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
LICENSE AND ACCESS
Subject to your strict compliance with these Terms & Conditions and the Additional Terms, Whole Foods grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and make personal use of the Service and the Content for noncommercial purposes only and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the UNLAWFUL OR PROHIBITED USES section below. You may download, print, and copy Content for such authorized personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Service or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Whole Foods’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
TRADEMARKS
The marks, design marks, product names, feature names and related logos used in the Service are trademarks of Whole Foods or its licensors and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Whole Foods or its licensors. In addition, the look and feel of the Service constitutes the service mark, trademark and/or trade dress of Whole Foods and may not be copied imitated or used, in whole or in part, without the express prior written permission of Whole Foods. Whole Foods's trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Whole Foods or suggests a sponsorship, affiliation or endorsement by Whole Foods.
All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.
The Service may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Service, you warrant to Whole Foods that you will not use the Service for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Whole Foods, YOU MAY NOT:
(a) Make any commercial use of the Service or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
(b) download, copy, or transmit any Content for the benefit of any other merchant;
(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Service;
(d) frame, mirror, or use framing techniques on any part of the Service or its Content;
(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Service Content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
(f) use any meta tags or any other hidden text utilizing Whole Foods's name or trademarks;
(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service, or express or imply that we endorse any statement you make;
(h) use a buying agent to conduct transactions on the Service;
(i) conduct fraudulent activities on the Service;
(j) violate or attempt to violate the security of the Service, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the Service; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Service, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Service (impersonating the Service) or to the Service (impersonating another user);
(k) send unsolicited or unauthorized email on behalf of Whole Foods, including promotions and/or advertising of products or services;
(l) tamper with the Service or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Service or any activity being conducted on the Service;
(m) use the Service to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
(n) harvest or collect personally identifiable information about other users of the Service;
(o) restrict or inhibit any other person from using the Service (including, without limitation, by hacking or defacing any portion of the Service);
(p) use the Service to advertise or offer to sell or buy (other than from Whole Foods) any goods or services;
(q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Service;
(r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service;
(s) create any derivative works of the Content except as expressly authorized by Us; or
(t) remove any copyright, trademark, or other proprietary rights notice from the Service or materials originating from the Service.
YOUR ACCOUNT
You may be required to register with Whole Foods in order to access certain services or areas of the Service. If you are under the age of thirteen (13), then you are not permitted to register as a user, or otherwise use the Service or submit personal information to us. If you are required to register with Whole Foods, we may not be able, or we may refuse, to provide you the user name you request. Your user name and password are for your personal use only. If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. In addition to all other rights available to Whole Foods including those set forth in these Terms & Conditions, Whole Foods reserves the right, in its sole discretion, to terminate or suspend your account, refuse service to you, or cancel orders. The information you submit in connection with your account, and that is associated with your account, is subject to our Privacy Policy.
MODIFICATION AND TERMINATION
Whole Foods may at any time in its sole discretion without notice or liability: (i) modify, suspend or discontinue any part of the Service; or (ii) offer opportunities to some or all Service users. Whole Foods reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Service. Each time you use the Service, you should review the current Terms & Conditions. Your continued use of the Service will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Service will not be applied retroactively. With respect to any such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
Whole Foods reserves the right, without notice and in its sole discretion, to suspend or terminate your account or your use of the Service and to block or prevent future access to and use of the Service (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Service will immediately cease.
You agree that we shall not be liable to you or any third party for any suspension or termination of your access to the Service. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
USER CONTENT
If the Service allows 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 (“User Content”) through or to the Service, Whole Foods welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Whole Foods assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion without notice or any liability to you or any third party: (i) monitor, review, display, post, store, maintain, accept or otherwise make use of User Content; (ii) alter, remove, reject, delete, move, re-format or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms & Conditions or any applicable Additional Terms. Such User Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display.
You agree that (a) your User Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark it “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Whole Foods does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Whole Foods’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms & Conditions or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.
In your communications with Whole Foods, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, apps, books, other products or services or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Content and licensed to us as set forth below. In addition, Whole Foods retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Whole Foods’s receipt of your Unsolicited Ideas and Materials is not an admission by Whole Foods of their novelty, priority, or originality, and it does not impair Whole Foods’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
For any User Content you submit, you grant to Whole Foods a non-exclusive, unrestricted, unconditional, unlimited, worldwide, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free and cost-free, transferable right and license to use, display, publicly perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, record, reproduce, disclose, re-sell, sublicense (through multiple levels), broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of such User Content (and derivative works thereof) for any purpose whatsoever in all formats, on or through any form, means, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, throughout the world, and to advertise, market, and promote the same, all without compensation or other obligation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Whole Foods the right, without any obligation, to include the name provided along with the User Content submitted by you. In order to further effect the rights and license that you grant to Whole Foods to your User Content, you also hereby grant to Whole Foods, and agree to grant to Whole Foods, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you.
Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian. In addition, you represent and warrant that you are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Whole Foods the rights to it that you are granting by these Terms & Conditions and any Additional Terms, all without any Whole Foods obligation to obtain consent of any third party and without creating any obligation or liability of Whole Foods.
You grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at Whole Foods’s cost and expense, to which you hereby consent and irrevocably appoint Whole Foods as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
Content is also provided by third party visitors to the Service. Please note that visitors to the Service may post content that is inaccurate, misleading, or deceptive. Whole Foods neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Whole Foods will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Whole Foods.
You are solely responsible for your interaction with other users of the Service, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
DMCA NOTICE - NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Whole Foods's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Service can be identified and removed using the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Whole Foods's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Whole Foods that your copyrighted material has been infringed via the Service. Whole Foods does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Whole Foods will respond by either taking down the allegedly infringing content or blocking access to it. Whole Foods may contact the notice provider to request additional information. Under the DMCA, Whole Foods is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Whole Foods a counter-notification. Notices and counter-notices are legal notices distinct from regular Service activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
2. Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Service. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
7. Be signed; and
8. Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent:
Legal Department
Whole Foods Market Services, Inc.
550 Bowie Street
Austin, TX 78703;
or, by fax to 512-482-7996;
or, by email to help@wholefoodsdiet.com.
LINKS TO, AND DEALINGS WITH, THIRD PARTIES
The Service may contain links to, and interactive functionality interacting with, third party sites, applications and other online services (collectively “applications”), including social media applications, e-commerce applications, job recruitment applications, and product manufacturers' applications (collectively, “Third Party Services”). Whole Foods is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such Third Party Services. Before enabling any sharing functions of the Service to communicate with any such Third Party Services or otherwise visiting any such Third Party Services, Whole Foods strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such Third Party Services. The links and interactive functionality for Third Party Services on the Service do not constitute an endorsement by Whole Foods of such Third Party Services. In some cases, Third Party Services may post both our and the Third Party Services operators’ terms and privacy policy, in which case our terms and privacy policy govern us and the Third Party Services operators’ terms and privacy policy govern them. Other Third Party Services may link to the Service with or without our authorization, and we may block any links to or from the Third Party Services, in our sole discretion. YOUR USE OF THIRD PARTY SERVICES AND RESOURCES IS AT YOUR OWN RISK.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third Party Services or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Whole Foods disclaims all liability in connection therewith.
LINKS BY YOU TO THE SERVICE
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with Whole Foods or cause any other confusion, and (c) the links and the content on your website do not portray Whole Foods or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Whole Foods. Whole Foods reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
WIRELESS, MESSAGING AND LOCATION-BASED FEATURES
The Service may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless device (collectively, “Wireless Features”). You agree that as to the Wireless Features for which you are registered or otherwise use, we may send communications via such features or apps to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify Whole Foods of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. The Service may include push notifications or other mobile communication capability and you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, may be delivered to your device even when it is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your device through your device settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. Contact your carrier with questions regarding these issues.
You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out) of that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. Your consent to receive text messages is not a condition of purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages you represent that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them via the addresses below.
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
If you have enabled GPS or use other location-based features on the Service, you acknowledge that your device location may be tracked consistent with the Privacy Policy. You can terminate device location tracking by our mobile app by uninstalling the mobile app, and control some location tracking via the app by using app and/or device setting. Our store finder feature may access and use information about your device location (such as based on IP address), or your account information, to suggest appropriate store locations. Our Service Content may be personalized based on various information we may have about you to try to provide you with more location-relevant content. The location-based services offered in connection with the Service are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. Location-based services are used at your own risk and location data may not be accurate.
DISCLAIMERS OF WARRANTIES
As permitted by applicable law, Whole Foods cannot and does not represent or warrant that the Service or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (COLLECTIVELY, THE “SERVICE CONTENTS”) ARE PROVIDED BY WHOLE FOODS ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Therefore, to the fullest extent permissible by law, Whole Foods and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, officers, members, managers, shareholders, agents, vendors, licensors, licensees, suppliers, contractors, customers, successors, and assigns (collectively, “Whole Foods Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Service (including the Content and the User Content); (b) the functions, features, or any other elements on, or made accessible through, the Service; (c) any products, services, or instructions offered or referenced at or linked through the Service except as applicable Whole Food Parties may otherwise expressly provide in writing; (d) security associated with the transmission of your User Content transmitted to Whole Foods or via the Service; (e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device); (f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Service will be repaired or corrected; (h) whether the Service will be compatible with any other specific hardware, software or service; (i) whether your access to the Service will be uninterrupted; (j) whether the Service will be available at any particular time or location; and (k) whether your use of the Service is lawful in any particular jurisdiction.
AS PERMITTED BY APPLICABLE LAW, WHOLE FOODS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE SERVICE CONTENT, OR THAT EMAILS SENT FROM WHOLE FOODS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT WHOLE FOODS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE SERVICE CONTENT INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY WHOLE FOODS IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, WHOLE FOODS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SERVICE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY WHOLE FOODS PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY WHOLE FOODS PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) WHOLE FOODS PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY WHOLE FOODS PARTIES TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST WHOLE FOODS PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE SERVICE, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH THIRD PARTY PROVIDER AND NOT BY WHOLE FOODS.
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE SERVICE, WHOLE FOODS DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SERVICE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
Third party names, marks, products, advertisements, or services or pop-up texts or links to third party applications may appear on the Service. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WHOLE FOODS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SERVICE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY THIRD PARTY SERVICES, OR ANY LINK CONTAINED IN A THIRD PARTY SERVICE. If you decide to link to any such third party application, you do so entirely at your own risk.
JURISDICTIONAL ISSUES
The Service is controlled and operated by Whole Foods from the United States, and is not intended to subject Whole Foods to the laws or jurisdiction of any state, country or territory other than that of the United States. Whole Foods does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States and the United Kingdom. In choosing to access the Service, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
HEALTHCARE INFORMATION
IF THE SERVICE INCLUDES HEALTHCARE INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
IF THE SERVICE INCLUDES INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS YOU SHOULD BE AWARE THAT SUCH INFORMATION IS NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL MEDICINE AND SUPPLEMENT INDUSTRY, YOU SHOULD DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.
RELEASE
We provide information through the Service for your information and enjoyment. Your use of the Service is strictly voluntary. Because some of the information in the Service may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the Service, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
As permitted by applicable law, you knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue Whole Foods, its employees, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the Content, information and materials offered by Whole Foods through the Service.
Notwithstanding anything to the contrary and for the purposes of clarity, this section does not expand or limit any express, written product terms that are provided by Whole Foods Parties or their suppliers with regard to a physical product sold by Whole Foods Parties to you or liability for direct damages for personal injury caused by a product manufactured, sold or provided by Whole Foods Parties or to the extent liability is not waivable or cannot be limited under applicable law.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY WHOLE FOODS PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE (INCLUDING THE CONTENT AND THE USER CONTENT); OR (B) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, OR THE PERFORMANCE OF THE SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE SERVICE, CONTENT, USER CONTENT OR OTHER WHOLE FOODS PRODUCTS OR SERVICES, EXCEPT FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURED, SOLD OR PROVIDED BY WHOLE FOODS), EVEN IF WHOLE FOODS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICE). EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND WHOLE FOODS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WHOLE FOODS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SERVICE, ANY CONTENT ON THE SERVICE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY WHOLE FOODS PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY WHOLE FOODS PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) WHOLE FOODS PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY WHOLE FOODS PARTIES TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST WHOLE FOODS PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW.
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY WHOLE FOODS (INCLUDING YOUR USER CONTENT) OR A LICENSOR OF WHOLE FOODS.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Service, as permitted by applicable law you agree to defend, indemnify, and hold harmless Whole Foods Parties from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your access to or use of the Service, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions. You will cooperate as fully required by Whole Foods Parties in the defense of any Claim. Notwithstanding the foregoing, Whole Foods Parties retain the exclusive right to settle, compromise, and pay any and all Claims. Whole Foods Parties reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without, in each instance, the prior written consent of an officer of a Whole Foods Party.
Notwithstanding anything to the contrary and for the purposes of clarity, this section does not expand or limit any express, written product terms that are provided by Whole Foods Parties or their suppliers with regard to a physical product sold by Whole Foods Parties to you or liability for direct damages for personal injury caused by a product manufactured, sold or provided by Whole Foods Parties or to the extent liability is not waivable or cannot be limited under applicable law.
NOTICES AND ELECTRONIC COMMUNICATIONS
In the case of notices Whole Foods sends to you, you consent to receive notices and other communications by Whole Foods posting notices on the Service, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Whole Foods provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Service or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
RULES FOR PROMOTIONS
Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.
EXPORT CONTROLS
Software related to or made available by the Service may be subject to export controls of the U.S.A. To the extent permissible under applicable domestic laws, no software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoes, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions, including, without limitation, as set forth in subsections (i) – (iii) above.
NOTICES FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an email to help@wholefoodsdiet.com. You may also contact us by writing to 550 Bowie St, Austin, TX 78703 (Attention: Legal Counsel), or by calling us at (512) 477-4455. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Any California 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 at the e-mail or address set forth in the “Contact Us” section below making such a request, 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.
California consumers are entitled to certain privacy rights explained in the Your California Privacy Rights section of our Privacy Policy.
APPLICABLE LAW; ARBITRATION OF DISPUTES; CLASS ACTION WAIVER
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Whole Foods agree that the parties intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
If any controversy, allegation, or claim rising out of, related to, or connected in any way to your use of the Service (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Travis County, Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas. You agree that all Disputes will be governed by the laws of the State of Texas without regard to Texas' choice of law principles. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Texas. Arbitration under these Terms & Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. YOU AND WHOLE FOODS AGREE THAT EACH MAY BRING CLAIMS OR CAUSES OF ACTION ARISING OUT OF, RELATED TO, OR CONNECTED IN ANY WAY WITH YOUR USE OF THE SERVICE IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to or connected in any way with your use of the Service must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys' fees be awarded or recoverable.
DEVICES AND CONNECTIVITY
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service.
By using the Service, you agree that Whole Foods may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Service (e.g., save content, access data, enable services, etc.), however, our mobile apps follow the user choice requirements of Andriod and Apple iOS (e.g., the ability to control GPS location services, accessing of photos and contacts, etc.) – see the settings menu of the app for your choices. For instance, the Service may access and read accounts, data and/or content on your device, add content to your device, and change settings of your device, for reasons such as showing you the location of things near you; saving Service images, sound files and writing usage logs to the device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for Service operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing or otherwise using the Service. Your device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the Service by uninstalling the Service.
Whole Foods makes no representations or warranties about the quality of your Service experience on your device or the ability of any device to access or display the Content.
TERMS APPLICABLE FOR APPLE IOS
If you are accessing or using our mobile app through an Apple device, the following applicable additional terms and conditions are applicable to you and are incorporated into the Terms and Conditions by this reference:
(i) You acknowledge that these Terms & Conditions are entered into between Whole Foods and, that Apple, Inc. (“Apple”) is not a party to these Terms & Conditions other than as third-party beneficiary as contemplated below.
(ii) The license granted to you in these Terms & Conditions is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
(iii) You acknowledge that Whole Foods, and not Apple, is responsible for providing the Service and Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms & Conditions, you acknowledge that, solely as between Apple and Whole Foods, Whole Foods and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms & Conditions, and that, upon your acceptance of these Terms & Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions against you as a third-party beneficiary thereof.
(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
MISCELLANEOUS
These Terms & Conditions, including any applicable Additional Terms, constitute the entire agreement between you and Whole Foods with respect to the Service and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Service. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. Whole Foods may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Whole Foods reserves the right to prosecute any suspected breaches of these Terms & Conditions or the Service. Whole Foods may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
CONTACT US
If you have any concerns about Whole Foods or your use of the Service, please contact us at:
Whole Foods Market Services, Inc.
550 Bowie Street
Austin, TX 78703-4644, United States
(Attention: Legal Counsel)
//End Terms & Conditions effective March 30, 2017//
Effective Date: March 30, 2017.
To print and download click here.
This Privacy Policy applies to information we collect when you use www.wholefoodsdiet.com and any other websites, mobile applications (“app(s)”), or services that post a link to this Privacy Policy (collectively, the “Service”). This Privacy Policy describes how Whole Foods Market Services, Inc., 550 Bowie Street Austin, TX 78703-4644, (“Whole Foods,” “Company,” “we,” or “us”) collects, uses and shares Service-related information about you. This Privacy Policy does not apply to information or data about you collected as received outside of the Service except to the extent it is combined with information or data collected by us via the Service.
By using our Service, you agree to our Terms & Conditions and consent to our collection, use and disclosure practices, and other activities as described in this Privacy Policy.
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.
You should read our full Privacy Policy below, but click here for a clickable table of contents with short summaries of terms.
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.
The types of information we may collect includes Personal Information/Personal Data. "Personal Information/Personal Data" is information that can be used to identify you (whether alone or in combination), such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, payment card information, user name and password, photo, and any other personally identifiable information you choose to provide. It also may include sensitive information, such as health and family information. As permitted by applicable law, unless otherwise provided in this Privacy Policy or in our statements at the point of collection, (i) non-Personal Information/ Personal Data (“non-personal information”) may be used and shared without obligation to you; and (ii) Personal Information/Personal Data may be de-identifiable or otherwise made into non-personal information. We may give you the opportunity to provide us with information about you, your family and your interests in your account profile and otherwise, which if not linked to your Personal Information/Personal Data would be non-personal information. However, to the extent we combine this with your Personal Information/Personal Data collected via the Service, we will treat that combine data as Personal Information/Personal Data under this Privacy Policy. For information on how to change or update your registration information and account profile, see the Your Choices: Profile and Apps section below.
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:
o Cookies
Cookies are data files that are placed on a computer when it is used to visit a website. These cookies may be used for many purposes, including, without limitation, tracking user preferences or web pages visited while using our Service. Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies, but note that doing so does not necessarily affect third party flash cookies used in connection with our Service. For more information about disabling flash cookies, see http://www.adobe.com/products/flashplayer/security. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Service. For example, cookies allow us to store items in your cart between visits. In addition, please be aware that if you choose to block or delete cookies, some advertising preferences that are dependent on cookies may not be able to be respected.
o Web Beacons
Small graphic images called web beacons, also known as "Internet tags" or "clear gifs," in our web pages and email messages. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to our Service, to monitor how users navigate the Service, and to count how many emails that we sent were actually opened or how many particular articles or links were actually viewed.
o Embedded Scripts
An embedded script is programming code that is designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Service, and is deleted or deactivated thereafter.
o Location-identifying Technologies
GPS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) you, or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content based on your location. If you have enabled GPS or use other location-based features on the Service, your device location may be tracked. Our store finder feature may access and use information about your device location (such as based on IP address), or your account information, to suggest appropriate store locations.
o Fingerprinting.
Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
o Device Recognition Technologies.
Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household)(“Cross-device Data”).
o In-App Tracking Methods
There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps and/or devices.
Information we automatically collect about you, such as how you interact with our Service, may be combined with your Personal Information/Personal Data. To the extent we associate any such automatically-collected information with Personal Information/Personal Data about you collected via the Service, we will treat the combined information as Personal Information/Personal Data under this Privacy Policy.
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.
We may also obtain information about you (such as email, address, demographic information and Cross-device Data) from other sources and combine that with information we collect about you. To the extent we receive information about you from a third party source and we combine the information we receive from these third party sources with your Personal Information/Personal Data we collect via the Service, we will treat that combined information as Personal Information/Personal Data under this Privacy Policy. We are not responsible for the accuracy of the information provided by third parties or how such third parties collect, use and share such information.
We engage third parties, such as Google’s DoubleClick, and others, to serve advertisements on our behalf across the Internet, to provide us with additional data about you (including Cross-device Data and demographic information) and to provide analytics about the use of our Service. In addition, we may participate in online advertising networks and exchanges that display relevant advertisements to our Service visitors based on their interests as reflected in their browsing of the Service and certain third party sites participating in the same networks and exchanges. These entities may use cookies, web beacons, pixels, embedded scripts, and other Tracking Technologies to automatically collect information about your use of the Service, such as your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Service and other websites and better understand your online activity.
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.
The descriptions of our data practices in this Privacy Policy does not cover any third party activities of third parties’ use of information that such third parties themselves may have collected from you (e.g., type of browser, operating system, domain name, day and time of visit, page(s) visited, Cross-device Data, etc.) or the methods used by the third-parties to collect that information (e.g., cookies, web beacons and clear gifs). Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our Service is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser based cookies associated with the web sites (but not mobile apps) you visited and privacy and opt-out policies and options of the parties operating those cookies. We are not responsible for the completeness or accuracy of this tool or third party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics, data and advertising providers, see the Analytics, Advertising, Online Tracking and Your Choices section below.
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:
_ Facilitate and improve your online experience;
_ Process your registration with our Service, including verifying that your email address(es) are active and valid;
_ Manage your online account(s), including purchases, orders, payments, returns, exchanges, and forum and blog posts;
_ Respond to your comments, questions and requests and provide customer service;
_ Send you technical notices, updates, security alerts and support and administrative messages;
_ Communicate with you about products, services, offers, promotions, coupons, newsletters, rewards and events and provide news and information we think will be of interest to you (for information about how to manage or opt out of these communications, please see the Your Choices section below).
_ Improve our Service or other Whole Foods websites, mobile applications, marketing efforts, products and services;
_ Personalize your online experience and provide advertisements, content or features that match your profile and interests;
_ Monitor and analyze trends, usage and activities;
_ Process and deliver contest, promotion and sweepstakes entries and rewards;
_ Process and track your redemption of digital coupons and associate those redemptions with your account;
_ Link or combine with information we get from others to help understand your needs and provide you with better service;
_ Contact you regarding your use of our Service and, in our discretion, changes to our policies;
_ Provide you with notices related to our Service and other Whole Foods websites, products and services;
_ Conduct research and analysis, including focus groups and surveys, on our Service and other Whole foods websites, products and services;
_ Prevent fraudulent transactions and monitor against threats;
_ Carry out any other purpose to the extent not prohibited by applicable law and not inconsistent with our statements disclosed elsewhere in this Privacy Policy or at the time you provide your Personal Information/Personal Data; and
_ With your consent or at your direction.
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:
_ With our business partners, affiliates and other third parties for purposes of sending their own marketing unless you are a California or EU customer and you opt out of this type of sharing as set forth in Your California Privacy Rights and Your U.K. Privacy Rights below;
_ To the maximum extent permitted by applicable law, in response to i) subpoenas or other legal process or if in our good faith opinion such disclosure is required or permitted by law; or (ii) at the request of governmental authorities conducting an investigation;
_ To defend the Terms & Conditions or other policies applicable to our Service;
_ To protect the rights, property, life, health, security and safety of us or any third party;
_ To the maximum extent permitted by applicable law, we may also use IP addresses, mobile device identifiers or any other information we collect to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies in our discretion. As permitted by applicable law, such disclosures may be carried out without notice to you;
_ With our affiliates for their business purposes;
_ Your redemption of digital coupons with our suppliers;
_ In connection with, or during negotiations of, any proposed or actual merger, purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, amalgamation or any other type of acquisition of all or any portion of Whole Foods assets, financing, disposal, conveyance or transfer of all or a portion of our business to another company;
_ To Third Party Services that interact with our Service, in connection with such interactions;
_ For other purposes to the extent not prohibited by applicable law and not inconsistent with our statements disclosed elsewhere in this Privacy Policy, or at the time you provide your Personal Information/Personal Data; and
_ With your consent or at your direction.
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.
Except to the extent we combine information we receive from Third-Party Services with Personal Information/Personal Data we ourselves have collected via the Service, data obtained by us from a third party, even in association with the Service, is not subject to our limitations regarding Personal Information/Personal Data under this Privacy Policy, however such data remains subject to any restrictions imposed on us by the third party, if any. Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with us, the types of information shared, and your choices on what is visible to others on Third Party Services. You should read the privacy policy of each Third Party Service as these Third Party Services may use their own cookies, web beacons and other Tracking Technology to independently collect information about you. In addition, these Third Party Services may solicit Personal Information/Personal Data from you.
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 or by emailing us at help@wholefoodsdiet.com. 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 at help@wholefoodsdiet.com. 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 may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.
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.
We are based in the United States and the information we collect is governed by U.S. law. If you are accessing the Service from outside of the United States, please be aware that information collected through the Service will be transferred to, and processed, and used in the United States. The data protection laws in the United States may be different from those of the country in which you are located. Your use of the Service or providing us with any information therefore constitutes your consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information/Personal Data, in the United States as set forth in this Privacy Policy. We will take reasonable care to ensure that your data is treated fairly and lawfully.
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:
https://www.privacyshield.gov/welcome
https://www.privacyshield.gov/list
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 at help@wholefoodsdiet.comand 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 at help@wholefoodsdiet.com or by sending a letter to Whole Foods Market Services, Inc., 550 Bowie Street, Austin, TX 78703-4644, United States (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 at help@wholefoodsdiet.comor 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 help@wholefoodsdiet.com
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.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy, and in some cases, we may provide you with additional notice (such as adding a statement to the homepages of our Service or sending you an email notification). Any changes will be effective immediately upon posting of the revised Privacy Policy and your continued use of the Service indicates your consent to the Privacy Policy then posted. If you do not agree, discontinue use of the Service and uninstall Service downloads and apps. We will not treat your Personal Information/Personal Data collected under a prior Privacy Policy in a materially different manner without your consent. We encourage you to review the Privacy Policy whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.
We are always interested in what our customers have to say. If you have any questions or concerns about this Privacy Policy, please feel free to contact us at:
Whole Foods Market Services, Inc.
550 Bowie Street
Austin, TX 78703-4644, United States
(Attention: Legal Counsel)
We may not respond to all request or inquiries.
// End Privacy Policy dated March 30, 2017 //
Effective Date: December March 30, 2017.
Whole Foods Market Services, Inc. (“Whole Foods,” “Company,” “we,” or “us”) operates online services that are general audience services and does not knowingly collect personal information as defined by the Children’s Online Privacy Protection Act (“COPPA”) from children under the age of 13 (“child” or “children”), except as may be permitted by COPPA and explained in this Children’s Privacy Notice. If you are a parent or guardian and believe that we have collected such personal information other than as permitted by COPPA, please contact us as noted below. Occasionally, we may have special sections of our services that are intended for children, in whole or in part. In such cases, this Children’s Privacy Notice shall apply.
This Children’s Privacy Notice explains our information collection, disclosure, and parental consent practices with respect to personal information provided by children. This Children’s Privacy Notice is in accordance with COPPA. For more information about COPPA and general tips about protecting children’s online privacy, please visit the Federal Trade Commission’s website.
1. Children’s and Mixed Use Sections of Our Service
Although we are a general audience service, we may from time-to-time have special sections intended, in whole or in part, for children. Where such section is directed to children, but not predominantly so, (a “Mixed-use” service) we may, consistent with COPPA, age screen users and treat users based on their self-reported age. Sections directed predominantly to children will assume all users are children, absent verification otherwise using COPPA’s verified parental consent methods. However, we need not use that process if our uses of the information we collect does not require verified parental consent under COPPA. In such cases, we still intend to comply with the other provisions of COPPA.
In the event that we become aware that we have collected personal information from any child, we will dispose of that information, or otherwise treat it in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with personal information, please contact us at help@wholefoodsdiet.com.
2. What About Contests and Sweepstakes?
From time to time, we may host promotions (such as contests or sweepstakes) that allow entry by children. In order to enter these contests, users may be asked to submit information such as their first name, email address, gender, date of birth, and content submissions. On our Mixed-use services, we may use an age screening mechanism to determine whether users are under the age of 13 at the time of entry. Where a user indicates he or she is under the age of 13 at the time of entry on a Mixed-use service, or in all cases for a predominately child-directed portion of a service, we may use the child’s online contact information to notify him or her as to what to give his or her parents to complete the promotion process. Or, we may set up a system for multiple contacts with the child regarding the promotion, in which case we will also obtain the parent’s email and give the parent notice and an opportunity to unsubscribe the child, as required by COPPA. In either case, we will not use such emails for other purposes not permitted by COPPA, such as marketing.
3. Parental Choices and Controls
At any time, parents can refuse to permit us to collect further personal information from their children, and can request that we delete from our records the personal information we have collected in connection with those children. Parents can request access to, change, or delete their child’s personal information by contacting us at help@wholefoodsdiet.com. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.
4. When Information Collected From Children Is Available To Others
In addition, and notwithstanding anything to the contrary, we may share or disclose personal information collected from children in a limited number of instances as permitted by COPPA, including the following:
· We may share information with our service providers if necessary for them to perform certain “internal operations” (as defined by COPPA) functions for us.
· We may disclose personal information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (i) in response to a law enforcement or public agency’s (including schools or children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our sites or applications; (iii) to protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or (iv) enable us to take precautions against liability.
· As otherwise permitted or required by COPPA or other applicable law.
To aid with small screens, Whole Foods has summarized each section of the Privacy Policy with a link to the full explanation. The complete provisions, and not the summaries or headings, shall govern.
We collect and receive certain information about you as you interact with our Service, explained further in this section.
· Information You Provide to Us
We collect certain Personal Information / Personal Data (e.g., name, email address, phone number, etc.), and other information, that you provide to us via the Service. For example, we collect information when register for the Service or otherwise communicate with us through the Service.
· Information We Collect Automatically
We and third parties automatically collect certain information about you as you access the Service (e.g., information about the devices you use to access the Service and your usage activities) using Tracking Technologies such as cookies, web beacons, embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, and in-app tracking methods for reasons such as to keep track of your interactions with the Service, to serve you with ads on third party services, and to offer you a more personalized and relevant experience.
· Information We Collect From Other Sources
We may obtain information about you from third parties and sources outside the Service and combine that with information we collect about you via the Service.
· Advertising & Analytics Services and Online Tracking
We may engage third parties to send advertisements on our behalf across the Internet and to provide analytics about the use of our Service. Whole Foods does not look for or respond to “do not track” signals.
The information Whole Foods collects is used for a variety of purposes as detailed in this Privacy Policy. For example, your information helps Whole Foods provide and improve the Service, communicate with you, send advertising and offers to you, and operate Whole Foods’ business.
Whole Foods may share the information Whole Foods receives from or about you via the Service, including your Personal Information/Personal Data, for a variety of purposes, as detailed in this Privacy Policy. Some examples of sharing include:
•to third parties for those third parties’ direct marketing purposes, subject to rights of CA consumers and U.K. residents;
•to protect the rights and property of third parties or to defend the Terms of Service;
•with our affiliates for internal business purposes;
•in connection with your redemption of digital coupons;
•in connection with corporate transaction (e.g., merger or sale); and
•for a legal purpose not inconsistent with the Privacy Policy or with your consent or at your direction.
Whole Foods may also share non-personal information as permitted by applicable law.
Information You Disclose Publicly or to Others
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.
Sweepstakes, Contests, Surveys, Polls, and Promotions
Promotions entrants may be required to consent to certain information sharing.
Our Service may link to or interact with Third Party Services that have their own data and business practices and you should read their privacy policies and terms of service.
Certain functionality in connection with the Service permits interactions with Third Party Services such as social networks and is subject to such third parties’ data and business practices privacy policies and terms of service.
By using a referral feature, you represent that you and your friend are U.S. residents and that you have permission to provide your friend’s email address.
You have certain choices regarding information collection and communications options explained here:
Your options regarding promotional communications are explained here.
Your options regarding controlling, accessing and changing certain of your Personal Information/Personal Data are available here.
· Analytics, Advertising, Online Tracking and Your Choices
You can learn more about targeted advertising and opting out here.
Users Outside the United States
You consent to your data being transferred to the United States, which has different data protection laws than other countries.
Our Service is not directed to children under thirteen (13) years of age, although some portions may be intended as appropriate for all ages and are governed by our Children’s Privacy Notice. If you believe we have collected children’s personal information in a manner not permitted by the U.S. Children’s Privacy Protection Act, let us know. California and U.K. residents under the age of eighteen (18) have certain privacy rights detailed here.
Your California Privacy Rights
California residents have certain privacy rights detailed here.
U.K. residents have certain privacy rights detailed here.
No data security is absolute, but we take reasonable steps to secure data appropriately.
Changes to This Privacy Policy
We may change this Privacy Policy upon posting of a revised Privacy Policy.
If you have any questions or concerns about this Privacy Policy, please contact us at help@wholefoodsdiet.com or at the addresses, or via the contact tool, provided in the full Privacy Policy.
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