What type of information do we collect?
Personal Information is defined as any information concerning the personal or material circumstances of an identified or identifiable individual. An identifiable person is one who can be identified, directly or indirectly, by reference to a Social Security Number and/or Identification Number (hereinafter “SSN/I.N”) or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.

Personal Information shall include but is not limited to: name, home address, home telephone number, email address, Social Security Number and/or Identification Number, financial information and employment related information such as may be found on resumes, applications, background verification information, or in employment references.
FWH takes measures to maintain the confidentiality of your SSN/I.N to protect your SSN/I.N from unlawful disclosure, and to limit access to your SSN/I.N. FWH will not make your SSN/I.N available to the general public, print your SSN/I.N on any card, require you to provide your SSN/I.N to access any products or services, transmit your SSN/I.N over the Internet unless the connection is secure or your SSN/I.N has been encrypted, or requires the transmittal of your SSN/I.N to access our Website without requiring additional authentication.

Non-personal information is information that is already a matter of public record or knowledge. Business contact information is considered non-personal information and not subjected to special protection and it can be routinely shared with anyone inside or outside of the business. Business contact information shall include but is not limited to: business name, business address, business telephone number, and is not considered personal information in certain jurisdictions.

We will never collect sensitive Personal Information except to comply with Affirmative Action data requirements. Sensitive Personal Information can include but is not limited to: information pertaining to gender, disabilities, and veteran status.

Cookies – Internet Users
In addition to Personal Information, we use data collection devices such as "cookies" on certain web pages to help analyze our web page flow and measure promotional effectiveness. Cookies are pieces of information a website sends to an individual’s hard drive while they are viewing the website. Cookies allow the website to remember important information that will make your visit to the site more useful. We use cookies to help improve your future visits. If you do not wish to receive a cookie or if you wish to set your browser to warn you each time a cookie is being sent, or if you wish to turn off all cookies, use the options on your browser to assist you. The “Help” option on your browser may assist you in changing your cookie preferences. Please note that by turning cookies off, you will not have access to many features available on our website.

Children and Data Collection
FWH adheres to the federal privacy protection standards as stated in the Children's Online Privacy Protection Act (“COPPA”). We care about the safety of children. We will not knowingly allow anyone under 13 to provide us any personally identifying information. Children under 13 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves (such as their names, e-mail address, and phone number) over the Internet. If a child has provided us with personally-identifiable information without the consent of a parent or guardian, the parent or guardian of that child should contact the Privacy Officer immediately at privacyofficer@subway.com. We will use reasonable efforts to promptly delete the child's information from our servers.

A Special Note about Children who reside in the State of Maine, USA
FWH complies with the Maine state law titled "An Act to Prevent Predatory Marketing Practices against Minors". The law applies to the collection and use of personal information for marketing purposes of children who are under the age of 18. The www.subway.com website which is developed and serviced by FWH on behalf of the SUBWAY® Restaurant System and the SUBWAY® Group, is not intended to solicit information of any kind from children under 18 years of age. It is possible that due to fraud or deception by others, we may unknowingly receive information pertaining to children under 18 years of age. If this is the case, the parent or guardian of the minor must notify the Privacy Officer immediately at privacyofficer@subway.com . 

Our Use of Your Personal Information

We use your Personal Information to facilitate the services you request. We have tailored our Privacy Policy to adequately advise of the use of your Personal Information.

Collection and Use of Employee Personal Information
 FWH also collects Personal Information from its employees and applicants (human resource data) in connection with administration of its Human Resources programs and functions. These programs and functions include, but are not limited to: job applications and hiring programs, compensation and benefit programs, performance appraisals, training, access to FWH facilities and computer networks, employee profiles, internal intranet employee directories, Human Resource recordkeeping, Affirmative Action data, and other employment related purposes.
It is the policy of FWH to keep all past and present employee information private from disclosure to third parties. There are certain business related exceptions and they are:

1. To comply with county, state or federal agency requests;
2. Inquiries from third parties with a signed authorization from the employee to release the information, except in situations where limited verbal verifications are acceptable (see below);
3. Third parties with which FWH has contractual agreements to assist in administration of company sponsored benefits.

Please note that this Privacy Policy does not apply to SUBWAY® restaurant employment applications submitted through the website, which may be shared with independently-owned and operated franchises who are seeking employees in their market area.

Verifications of Employment
Prospective employers, financial institutions, and residential property managers routinely contact FWH requesting information on a former or current employee's work history and salary. All such requests of this type shall be referred to and completed on a confidential basis by the Human Resources Department or Payroll Department.
For written verification of employment requests, information will be provided on the form only when it is accompanied by an employee's signed authorization to release information. The form will be returned directly to the requesting party and filed as part of the Human Resources or Payroll Department’s confidential records.

Medical Information
FWH is compliant with federal HIPAA regulations and only utilizes information related to the company sponsored healthcare plan on a "need to know" basis for administration of the healthcare plan.

Collection and Use of Customer Information
FWH will not collect customer Personal Information, unless the customer contacts FWH directly. In order to adequately address a customer’s concern, their Personal Information may be shared with our affiliate DAI and other affiliates within the SUBWAY® Group, the SUBWAY® Group’s area Development Agents and franchisees. The SUBWAY® Group Development Agents assist with franchise sales, site location, training, and provide operational assistance to franchisees. Failure to provide necessary information may prevent FWH from fully addressing any customer concerns.

A customer participating in Subway Express™ through the www.subway.com website will be asked to provide Personal Information. Our third party service provider collects and processes customer information to expedite orders placed on Subway Express™. The Personal Information collected shall include, but will not be limited to: name, e-mail address, telephone number, and credit card information. Our third party service provider forwards this information to franchisees in order to fulfill the services offered through Subway Express™.

Holders of SUBWAY® Loyalty Cards and SUBWAY® Gift Cards (collectively the “SUBWAY® Card”) may voluntarily register their cards through www.mysubwaycard.com. Our third party service provider collects Personal Information on a voluntary basis. Information you may be asked to provide could include but is not limited to: date of birth, card number, and e-mail address. Your purchase history may also be linked to this information. This information is used as part of the Lost/Stolen Card Program and to provide you with targeted offers from us or from selected third parties, i.e. suppliers of products offered through the SUBWAY® system. If you do not wish to receive promotional materials with your use of the SUBWAY® Card you may update your preferences at www.mysubwaycard.com. Information is also collected in aggregate that is not considered Personal Information, concerning the food items purchased and the demographics of the purchasers. This information may be shared with FWH’s affiliates within the SUBWAY® Group in order to improve our product marketing and advertising. YOU MUST BE 13 YEARS OLD OR OLDER TO REGISTER A SUBWAY® CARD.

FWH will not collect Personal Information, unless you contact FWH directly. In the future, one of our affiliates from the SUBWAY® Group may use this information to contact you regarding products or promotions, as well as other products and services, which may be of interest to you. If you do provide us with Personal Information we may use the information to contact you, via e-mail, regular mail, telephone or other means, to provide you with information that you requested about specific products or services, provide additional future information about products or services that may be of interest to you, and to learn about and develop products and services. If you do not want this information disclosed you may “opt out” of future contacts at any time by un-subscribing from our database or contacting the Privacy Officer, in writing, as described below in the section titled “Contact Information”.

Collection and Use of Franchisee and Prospective Franchisee Information
If you choose to, you may submit via www.subway.com an electronic application seeking consideration as a prospective SUBWAY® franchisee. By submitting an electronic application, you agree that we may disclose your personal information to our affiliates within the SUBWAY® Group, their Development Agents, other SUBWAY® Group affiliates, and third party service providers as part of their consideration to your inquiry and to help them conduct their franchise marketing efforts. Information on your online form will become part of any application for a franchise that you might later submit. We require our affiliates within the SUBWAY® Group and their Development Agents to respect FWH privacy practices and not use your personal information for purposes other than to carry out our instructions.
 
By applying to become a SUBWAY® franchisee, a prospective franchisee consents to the collection, use, and disclosure of Personal Information in accordance with the following terms and conditions. We collect and use Personal Information in order to assist a prospective franchisee in applying to become a SUBWAY® restaurant franchisee and to assist our affiliates within the SUBWAY® Group in selecting franchisee candidates.
 
Personal Information collected from prospective franchisees include, but is not limited to: name, address, telephone number, facsimile number, email address, date of birth, citizenship, educational background, criminal background, bank account information for Electronic Funds Transfer, financial statement, litigation history, and taxpayer identification number. Failure to provide requested Personal Information may negatively impact a prospective franchisee’s ability to become a franchisee. Once a prospective SUBWAY® restaurant franchisee becomes a franchisee, they may then reference themselves by their Franchise Agreement Number. In order to better service franchisees, a franchisee’s Personal Information may be shared between FWH and its affiliates within the SUBWAY® Group, pursuant to the service contracts between them.

In order to effectively implement the SUBWAY® Gift Card Program, and to provide purchasing services to members, a franchisee’s Personal Information may be shared with an independent purchasing cooperative or other independent third party. The Personal Information shared with the independent purchasing cooperative shall include, but will not be limited to: name, address, credit card information, and other related information necessary for billing purposes, such as a mailing address for credit card validation, and bank account information, you provided to FWH to establish your pre-authorized account for the payment of royalties, advertising fees, and other charges.  Subject to a franchisee’s agreement with the independent purchasing cooperative, the independent purchasing cooperative may bill a franchisee’s bank account for fees and other costs associated with the SUBWAY® Gift Card Program. If a franchisee does not wish to disclose this information, they must notify the Privacy Officer in writing as described in the section titled “Contact Information” below.

A franchisee and/or prospective franchisee’s information may be shared with the SUBWAY® Group Development Agent in their area. A Development Agent is an independent contractor of the SUBWAY® Group. The Development Agents assist with franchise sales, site location, service franchisee leasing needs, provide operational assistance and related administrative functions, training to the franchisee. Development Agents also make recommendations as to whether a prospective franchisee in their territory should be granted a franchise. The Development Agent may use this information to: address a franchisee’s concerns in a customer complaint, respond to a franchisee’s inquires for franchise sales, franchisee Personal Information may be shared during store transfers, and any other inquiry which may require a response.  Franchisee Personal Information may also be shared with Subway Franchisee Advertising Fund Trust (“SFAFT”) in order to provide advertising services to member stores.

Finally, upon becoming a SUBWAY® franchisee you consent to FWH disclosing former or past franchisee contact information including Personal Information in its Disclosure Document for one (1) year after leaving the system, as required by law, unless you advise otherwise.  Contact our Privacy Officer in writing, either by email or regular mail received, of your desire to not have your details or contact information disclosed, corrected or changed when you sell or transfer your SUBWAY® store, or exit the SUBWAY® system (whether by termination or otherwise).  To contact the Privacy Officer, please see the section provided below entitled “Contact Information”.

Collection and Use of Development Agent Information
By applying via www.subway.com to become a SUBWAY® Development Agent, a Development Agent applicant consents to the collection, use, and disclosure of Personal Information in accordance with the following terms and conditions. We collect and use Personal Information in order to assist you in applying and evaluating you to become a SUBWAY® Development Agent. Personal Information is collected to assist our affiliates within the SUBWAY® Group in selecting Development Agent candidates and for the purpose of operating a development territory.

Personal Information collected includes, but is not limited to: name, home address, home telephone number, facsimile number, email address, date of birth, bank account information for Electronic Funds Transfer, financial statement, resume, taxpayer identification number and background checks. Failure to provide necessary information may negatively impact your ability to become a Development Agent.

Once a Development Agent candidate becomes a Development Agent, they may then reference themselves by their Development Agent Number. As a Development Agent within the SUBWAY® Group certain business information with respect to stores within your territory may be shared in the aggregate amongst your DA community. Such business information may include, but is not limited to, 3 year DA Performance Report, Emerging Market Developing Activity Report, Developed Market Report, Subway Compared to other QSR Report, and the Weekly Same Store AUV and Units Report.

Sharing of Personal Information
We may share Personal Information with our service providers, consultants and affiliates for our internal business purposes. Except as described in this Privacy Policy, FWH will not share Personal Information with a third party, unless a customer requests, consents to such disclosure, or disclosure is required or authorized by law. FWH reserves the right to disclose Personal Information to a third party if a law, regulation, search warrant, subpoena, or court order legally requires or authorizes us to do so. FWH also reserves the right to disclose and/or transfer Personal Information to a third party in the event of a proposed or actual purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, or financing of all or any portion of FWH or of any of the business or assets or shares of FWH or a division thereof in order for a customer to continue to receive the same products and services from the third party.
As described above, FWH, its affiliates within the SUBWAY® Group, third party service providers, and SUBWAY® Development Agents may share and exchange Personal Information in order to process franchisee applications, administer the SUBWAY® franchise system, and protect the integrity of the SUBWAY® franchise system and trademarks. Personal Information may be provided to a courier or freight forwarder to fulfill an order, which may have been requested from us.

SUBWAY® Development Agents and other service providers are prohibited from using Personal Information for any purpose other than to provide assistance to FWH and its affiliates within the SUBWAY® Group. Development Agents are required to protect Personal Information disclosed by us and to comply with the general privacy principles described in this Privacy Policy.

Security
We endeavor to protect your Personal Information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our control. These measures include safeguards to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use and modification.
 
We safeguard your Personal Information on the Internet by using industry-standard practices. Although "guaranteed security" does not exist either on or off the Internet, we make commercially reasonable efforts to make the collection and security of such information consistent with our Privacy Policy and all applicable laws and regulations. We maintain physical, electronic and procedural safeguards as appropriate to safeguard your Personal Information.
 
Currently, our website utilizes a variety of different security measures designed to protect Personal Information by users both inside and outside FWH, including the use of encryption mechanisms (e.g., Secure Socket Layers or SSLs), password protection, and other security measures to help prevent unauthorized access to your personally identifiable information. This helps maintain the confidentiality, privacy, and integrity of your transactions, and helps to protect your confidential information - such as credit card numbers, online forms and financial data, from loss, misuse, interception and hacking.

Storage, Retention and Accuracy of Personal Information
FWH insures that Personal Information is safeguarded against loss, access, use, modification, disclosure or other misuse. All reasonable steps are taken to prevent unauthorized use or disclosure of your Personal Information.

FWH will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purpose remains valid after termination of our relationship with you.

We take all reasonable steps to insure that your Personal Information is accurate, up-to-date, complete, relevant and not misleading.

Contact Information
You may contact the Privacy Officer to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact another individual to assist in completing your requested task.

If you have any questions or complaints, please contact the Privacy Officer. The Privacy Officer can be reached by telephone at: (203) 877-4281 or 1-800-888-4848; by Facsimile at: (203) 876-6690; by email at: privacyofficer@subway.com; or by mail at Franchise World Headquarters, LLC, 325 Bic Drive, Milford, CT, 06461, USA. We will address your concern and attempt to resolve any problem.

Links to Non-DAI Web Sites and Third Parties
Please note that www.subway.com websites may contain links to other websites for your convenience and information. FWH does not control those sites or their privacy practices, which may differ from www.subway.com. FWH’s privacy policy cannot and does not apply to external websites. We do not endorse or make any representations about third party websites.

The personal data you choose to give to unrelated third parties is not covered by the FWH privacy policy. We encourage you to review the privacy policy of any company or website before submitting your Personal Information. Some third parties may choose to share their personal data with FWH; that sharing is governed by that third party company’s privacy policy.

Safe Harbor Compliance
FWH is in compliance with the U.S. Department of Commerce Safe Harbor requirements regarding the transfer of personal information from the European Economic Area (“EEA”) or Switzerland to the United States. FWH has been Self-Certified under the Safe Harbor privacy framework as set forth by the U.S. Department of Commerce, European Commission and Switzerland regarding the collection, storage, use, transfer and other processing of personal data transferred from the European Economic Area or Switzerland to the U.S., in accordance with the EU Directive on Personal Data Protection. The principles of Safe Harbor compliance are:

• Notice - Individuals must be informed that their data is being collected and about how it will be used;
• Choice - Individuals must have the ability to opt out of the collection and forward transfer of the data to third parties;
• Onward Transfer - Transfers of data to third parties may only occur to other organizations that follow adequate data protection principles;
• Security - Reasonable efforts must be made to prevent loss of collected information;
• Data Integrity - Data must be relevant and reliable for the purpose for which it was collected;
• Access - Individuals must be able to access information held about them, and correct or delete it if it is inaccurate;
• Enforcement - There must be effective means of enforcing these rules.

We may transfer the personal information we collect about you to countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Policy.

Further information regarding the Safe Harbor principles and certification process can be found at www.export.gov/safeharbor.

In addition, the U.S. Department of Commerce maintains a list of all compliant organizations, which can be accessed at http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list.

Members of the European Union
If you are a resident of the European Economic Area (“EEA”) or Switzerland and have any concerns or complaints, please first address these issues to the Privacy Officer. FWH is located in the United States, as are the servers that make their site available. All matters relating to privacy issues and this website are governed by the laws of the United States and the State of Connecticut. If the Privacy Officer does not satisfactorily address a complaint within thirty (30) days, any dispute, controversy or claim shall be settled by an arbitration administered by an arbitration agency, such as the American Arbitration Association (“AAA”). All arbitrations will be conducted in English. Judgment rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitration will be borne equally by the parties. Connecticut, U.S.A. shall be the site of all hearings, and such hearings shall be before a single arbitrator. You may also submit complaints to the Federal Trade Commission at http://www.ftc.gov/ftc/complaint.htm or via phone at (202) 382-4357.

International Privacy Policies
FWH, an affiliate of the SUBWAY® Group, encourages you to view your country’s Privacy Policy www.subway.com. To view your country’s Privacy Policy please go to www.subway.com. At the top of the page, please click on AROUND THE WORLD, and then click on your country. Go to the very bottom of your country’s page and click PRIVACY POLICY to view your country’s specific Privacy Policy.

Changes to our Privacy Policy
FWH will update this Privacy Policy occasionally. When FWH posts changes to this Privacy Policy, we will also revise the "Last Updated" date below on FWH’s Privacy Policy. If there are material changes to this Privacy Policy, FWH will notify you by email, or by means of a notice on our home page. FWH encourages you to review this Privacy Policy periodically to be informed of how FWH is protecting your information and to be aware of any changes to the Privacy Policy.  Your continued use of the site after the posting of any amended Privacy Policy shall constitute your agreement to be bound by any such changes. This Privacy Policy is incorporated into any Terms and Conditions governing the various web sites and any programs or services operated or managed on or behalf of FWH. Any changes to this Privacy Policy are effective immediately after being posted by FWH.

LAST UPDATED: FWH 03/23/10