EU Safe Harbor Privacy Policy

The Kroger Co. E.U. Safe Harbor Privacy Policy

The Kroger Co. recognizes that privacy is very important to our customers, and we pledge to protect the security and privacy of any personal information that customers provide to us. This includes customer's names, addresses, telephone numbers, email addresses and any information that can be linked to an individual. Not only does Kroger strive to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business, but it also has a tradition of upholding the highest ethical standards in its business practices. This Safe Harbor Privacy Policy (the "Policy") sets forth the privacy principles that Kroger follows with respect to transfers of personal information from the European Union (EU) to the United States.


The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. companies to satisfy the EU law requirement that personal information transferred from the EU to the United States be adequately protected. Consistent with its pledge to protect personal privacy, Kroger adheres to the Safe Harbor Principles.


This Safe Harbor Privacy Policy (the "Policy") applies to all personal information received by Kroger in the United States from the EU, in any format including electronic, paper or verbal.


The following definitions shall apply throughout this Policy:

"Agent" means any third party that uses personal information provided to Kroger to perform tasks on behalf of and under the instructions of Kroger.

"Kroger" means The Kroger Co., its successors, subsidiaries, divisions and groups in the United States.

"Personal information" means any information or set of information that identifies or could be used by or on behalf of Kroger to identify an individual. Personal information does not include information that is encoded, anonymized, aggregated or publicly available information that has not been combined with non-public personal information.

"Sensitive personal information" means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. In addition, Kroger will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.


The privacy principles in this Policy are based on the Safe Harbor Principles.

NOTICE: When Kroger collects personal information directly from individuals in the EU, it will inform them about the purposes for which it collects and uses their personal information, the types of non-agent third parties, if any, to which Kroger discloses that information, and the choices and means, if any, that Kroger offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Kroger, or as soon as practicable thereafter, and in any event before Kroger uses the information for a purpose other than that for which it was originally collected.

If Kroger receives personal information from its subsidiaries, affiliates or other entities in the EU, it will use such information in accordance with the notices such entities provided and the choices made by the individuals to whom such personal information relates.

CHOICE: Kroger will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

For sensitive personal information, Kroger will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

Kroger will provide individuals with reasonable methods to exercise their choices.

DATA INTEGRITY: Kroger will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Kroger will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

TRANSFERS TO AGENTS: Kroger will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. If Kroger has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Kroger will take reasonable steps to prevent or stop the use or disclosure.

ACCESS AND CORRECTION: Upon request, Kroger will grant individuals reasonable access to personal information that it holds about them, and Kroger will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

SECURITY: Kroger will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

ENFORCEMENT: Kroger will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Kroger determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to the Kroger Privacy Office at the address given below. Kroger will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Kroger and the complainant, Kroger has agreed to participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles.


Questions or comments regarding this Policy should be submitted to the Kroger Privacy Office by mail or e-mail as follows:

Kroger Privacy Office 1014 Vine Street Cincinnati, OH 45202 Email:


This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. Kroger will provide appropriate public notice about such amendments.

EFFECTIVE DATE: January 13, 2003