Fresh & Wild UK Candidate Privacy Notice

Last Updated: December 9, 2022

In this Fresh & Wild UK Candidate Privacy Notice (“Privacy Notice”), references to “Fresh & Wild”, “we”, “us” and “our” will mean Fresh & Wild Limited. Fresh & Wild and its Whole Food Market-branded affiliates will be referred to collectively as the “Whole Foods Market Group”.

We know that you care how we use information about you, and we appreciate your trust in us to do that carefully and sensibly. This Privacy Notice describes how we collect, use and transfer (collectively “process”) the personal data of job candidates who apply for positions at Fresh & Wild locations in the United Kingdom.

WHO IS THE CONTROLLER?

The controller is Fresh & Wild Limited; it determines how and why your personal data is processed. Our address is 63-97 Kensington High Street, London, W8 5SE, United Kingdom.

PROCESSING OF YOUR PERSONAL DATA

What personal data do we collect about you, and how do we use it?

The categories of personal data that we collect and use from or about job candidates include, but are not limited to, the following (some or all of these categories may apply to you):

  • identification information, including first name and surname;
  • contact information, including home address, phone/mobile/fax number, e-mail address;
  • demographic information, including gender, date of birth, citizenship;
  • responses to screening questions (where applicable);
  • assessment results;
  • assessment results;
  • background check information (where applicable);
  • previous employment information, including date of hire, job title, department and business unit, salary, work location, work status (e.g., full time/part time);
  • information pertaining to work preferences, skills, and abilities;
  • CV information, including education, past work experience and references;
  • job interview notes and recordings;
  • information regarding a job candidate’s interaction with our career-related websites, applications, or advertisements;
  • online identifiers and internet protocol addresses;
  • username and password for our job candidate-related accounts;
  • information about certain health conditions (only where required by law);
  • travel and expense-related information; and
  • any other information you may provide in connection with your candidacy for employment.

We may process your personal data for purposes that include:

  • administering the application and recruitment process (e.g., setting up an electronic job applicant HR file; managing your application; conducting assessments; organizing interviews; processing interview feedback; on-boarding; and, where applicable, conducting background checks and screening);
  • meeting recordkeeping and internal and external reporting responsibilities;
  • complying with legal obligations;
  • pursuing or defending against legal actions or claims; and
  • protecting the rights, property, life, health, security, and/or safety of us, the Whole Foods Market Group, or any third party.

In the event of an unsuccessful application, we may retain your personal data for a limited period of time (as described below) and we may process that personal data for purposes of considering you for future job opportunities. You can object to such processing of your data (see below at “What are my rights under applicable data protection laws?”).

Where does Fresh & Wild obtain my personal data?

Most of the personal data we process is obtained from you when you submit your application, but we also obtain personal data about you in the course of the application and recruitment process (for example, during interviews or via job assessments). Additionally, we may collect certain types of personal data about you from third parties, including, for example, from recruitment agencies.

DOES FRESH & WILD SHARE PERSONAL DATA WITH OTHERS?

Our group companies

Where it is lawful to do so and for legitimate business purposes on a “need to know” basis, personal data may be shared with our affiliates in the Whole Foods Market Group—in particular, with Whole Foods Market Services Inc. in the United States. For example, we may share your personal data with Whole Foods Market Services, Inc. in connection with the provision of IT services to Fresh & Wild or to obtain assistance in administering the application and recruitment process. The Whole Foods Market Group takes appropriate steps to ensure that personnel who receive your personal data are bound to maintain the confidentiality of the data.

Service providers

We may share your personal data with third parties that provide services to us. We do so on a "need to know" basis and in accordance with applicable law. For example, we may share personal data with third parties that provide us with IT services. Whenever we share personal data with a third-party service provider, we will do so in accordance with applicable law and we will implement appropriate measures to ensure that they provide sufficient guarantees regarding the protection of your personal data and that the security and confidentiality of the data is maintained

Third parties

In certain circumstances, in accordance with applicable law, we will share your personal data with third parties that act as controllers in their own right, including:

  • Insurance companies;
  • Governmental organizations or agencies, including law enforcement;
  • External advisors (such as legal advisors, accountants);
  • Employee benefits providers; and
  • Pension trustees

DOES FRESH & WILD TRANSFER PERSONAL DATA TO COUNTRIES OUTSIDE THE UNITED KINGDOM?

We may transfer the personal data we process to countries outside the United Kingdom, for example, when one of the Whole Foods Market Group companies or one of our third-party service providers have staff or operate equipment in countries outside the United Kingdom. Whenever we transfer personal data to countries outside the UK, we ensure that the information is transferred in accordance with this Privacy Notice and as permitted by the applicable laws on data protection. To lawfully perform such transfers we rely on adequacy decisions, use contracts with standard clauses approved by the applicable supervisory authorities (you can contact us at privacy@wholefoods.com for a copy of these), and/or rely on other data transfer mechanisms permitted by the laws of the United Kingdom.

HOW IS MY PERSONAL DATA SECURED?

We maintain appropriate technical and organizational measures to protect the confidentiality and security of your personal information, including security measures to protect against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.

HOW LONG DOES FRESH & WILD STORE MY PERSONAL DATA?

If your application for employment is successful and you commence employment with Fresh & Wild, your personal data will be transferred to your personnel file and will be maintained consistent with Fresh & Wild’s employee data retention practices.

If your application for employment is not successful, we will keep your personal data beyond the end of the application process for a limited period of time for purposes that include: (i) contacting you about future job opportunities; (ii) meeting recordkeeping requirements; and (iii) for potential use in legal proceedings.

WHAT ARE MY RIGHTS UNDER APPLICABLE DATA PROTECTION LAWS?

You may exercise the rights available to you under applicable data protection laws as follows:

  • If you wish to access, correct, or request deletion of your personal data, you can do so at any time by contacting us at privacy@wholefoods.com.
  • In addition, in certain instances you can object to processing of your personal data, ask us to restrict processing of your personal data, or request portability of your personal data. Again, you can exercise these rights by contacting us at privacy@wholefoods.com.
  • If we have collected and process your personal data with your consent, then you can withdraw your consent at any time by contacting us at privacy@wholefoods.com. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a supervisory authority about our collection and processing of your personal data. For more information, please contact our supervisory authority, the UK Information Commissioner’s Office.

We respond to requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

LEGAL BASIS FOR PROCESSING PERSONAL DATA

Our legal basis for collecting and processing the personal data described above will depend on the personal data concerned and the specific context in which we collect it.

However, we will normally process personal data about you when one or more of the following applies: we have your consent to do so; where we need to process the personal data to perform a contract with you or to take steps at your request prior to entering into a contract (i.e., to administer the application and recruitment process prior to entering into an employment relationship); or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to process personal data about you.

If you have questions about or need further information concerning the legal basis on which we collect and process your personal data, please contact us at privacy@wholefoods.com.

QUESTIONS AND QUERIES

If you have any questions or concerns about this Privacy Notice or about how we collect, use, or share your personal data, or if you would like to exercise your rights in relation to your personal data, please contact our data protection officer at privacy@wholefoods.com.

Changes to this Privacy Notice

We may decide to change this Privacy Notice. You should check this Privacy Notice frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all personal data that we have about you.