Table of Contents
DAI, the owner of the SUBWAY® Restaurant System is an affiliate of Franchise World Headquarters, LLC (“FWH”), which operates as a service-oriented company for and on behalf of the SUBWAY® System worldwide by providing core business related services for the following franchising entities: Subway International B.V. (“SIBV”), Subway Systems Australia Pty Ltd (“SSA”), Subway Franchise Systems of Canada, Ltd. (“SFSC”), Subway Partners Colombia C.V. (“SPCCV”), Subway Systems do Brasil Ltda. (“SSB”), Sandwich and Salad Franchises of South Africa Pty Ltd. (“SSFSA”), Subway Systems India Private Limited (“SSIPL”). DAI owns and licenses the SUBWAY® trademark and SUBWAY® Restaurant System to its affiliates in order to develop SUBWAY® restaurants. DAI, FWH, SIBV, SSA, SFSC, SPCCV, SSB, SSFSA, and SSIPL, are collectively referred to herein as the “SUBWAY® Group”.
4. Consent to Electronic Notice if there is a Security Breach - (Top)
If DAI or a Recipient is required to provide notice of unauthorized access of certain security systems, you agree that DAI, or the Recipient, may do so when required or voluntarily by posting notice on the Website or sending notice to any email address DAI or the Recipient has for you, in the good faith discretion of DAI or the Recipient. You agree that notice to you will count as notice to any other individual for whom you are acting and agree to provide the notice to any such individual.
5. Our Use Of Your Personal Information And Type Of information we may collect - (Top)
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 (full name or first initial and last name), maiden name, nickname, email address, home address, home postal code, home telephone number, mobile phone number, date of birth, 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, photographic images (especially of face or other identifying characteristic, i.e. tattoo’s), video or voice recording.
DAI 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. DAI 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.
DAI will not collect customer Personal Information, unless the customer contacts DAI 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 appropriate SUBWAY® Group’s area Development Agent 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 DAI from fully addressing any customer concerns.
For Instance, you may choose to communicate with us in some of the following ways:
Internet Users - Cookies, Internet Protocol (IP) Address, Aggregate Information Cookies - 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. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the 'lifetime' of the cookie, and a value, usually a randomly generated unique number. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site and services.
A few important things you should know about cookies are that:
Web Beacon - Also called a Web bug or a pixel tag or a clear GIF. We use pixels tags or transparent GIF files, to help manage our online advertising and promotions. These tags collect anonymous (not personally identifiable) information about which advertisements and promotions bring users to our website. With both cookie and tag technology, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address. Used in combination with cookies, a Web beacon is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel, which is placed on a Web site or in an e-mail that is used to monitor the behavior of the user visiting the Web site or sending the e-mail. When the HTML code for the Web beacon points to a site to retrieve the image, at the same time it can pass along information such as the IP address of the computer that retrieved the image, the time the Web beacon was viewed and for how long, the type of browser that retrieved the image and previously set cookie values.
Web beacons are typically used by a third-party to monitor the activity of a site. A Web beacon can be detected by viewing the source code of a Web page and looking for any IMG tags that load from a different server than the rest of the site. Turning off the browser's cookies will prevent Web beacons from tracking the user's activity. The Web beacon will still account for an anonymous visit, but the user's unique information will not be recorded.
Internet Protocol (IP) Address - an Internet Protocol (IP) Address is associated with your computer's connection to the internet. DAI may use your IP address to help diagnose problems with DAI’s server, to administer the Website and to maintain contact with you as you navigate through the Website. Your computer's IP address also may be used to provide you with information based upon your navigation through the Website. DAI does not link IP addresses to any Personal Information.
Aggregate Information – is used to measure the visitors’ interest in, and use of, various areas of the Website and the various programs that DAI administers, DAI will rely upon aggregate information, which is information that does not identify you, such as statistical and navigational information. With this aggregate information, DAI may undertake statistical and other summary analyses of the visitors' behaviors and characteristics. Although DAI may share this aggregate information with third parties, none of this information will allow anyone to identify you, or to determine anything else personal about you.
The SUBWAY® Group uses the Evidon assurance platform to comply with the cross-industry Self-Regulatory Program for Online Behavioral Advertising as managed by the Digital Advertising Alliance (DAA) (http:///aboutads.info). As part of this service, The SUBWAY® Group’s online advertisements and Web sites are sometimes delivered with icons that help consumers understand how their data is being used and provide choice options to consumers that want more control. The list of our advertising partners may be updated from time to time. To opt-out of internet-based advertising by all DAA-participating companies, please visit http://www.aboutads.info/choices/.
On some pages of our site we may allow third-party advertising partners to set web tracking tools (e.g., cookies and web beacons) to collect anonymous, non-personally identifiable information regarding your activities on those pages (e.g., your IP address, page(s) visited, time of day). We may also share such information we have collected with third-party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering future targeted advertisements to you when you visit other (non-SUBWAY®) sites within their networks. This practice is commonly referred to as "interest-based advertising" or "online behavioral advertising." Pages of our website that collect information that may be used by such advertising partners for interest-based advertising purposes may be identified by a link to AdChoices on the page.
Opting out (site pages). If you do not want your browsing while on such pages to be used for interest-based advertising purposes, you may click on the AdChoices link to opt-out of such uses by the listed advertising partner(s). Even if you opt-out through this service, we may still collect non-personally identifiable information regarding your site activities and use it for non-interest-based advertising purposes as described in this privacy statement.
At DAI, children’s privacy is important to us. DAI adheres to the federal privacy protection standards as stated in the Children's Online Privacy Protection Act (“COPPA”). We will not knowingly allow anyone under thirteen (13) to provide us any personally identifying information. Children under thirteen (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 email@example.com. We will use reasonable efforts to promptly delete the child's information from our servers.
A Note to Parents/Guardians—Additional Information about Children’s Privacy The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under thirteen (13) years of age; and that we obtain the consent of parents and guardians in order for children under thirteen (13) years of age to use certain features of our website. Also, when we use the term "parent", we mean to include legal guardians.
Children can participate in many of our features without providing personally identifiable information. However, to enable their participation in certain interactive features, we may ask children to provide us with personally identifiable information. The types of information we may request include first name as well as the child’s and parent’s email addresses. We use a child’s email address to respond to a specific request to participate in an activity (e.g., participate in a contest or sweepstakes, respond to their question, enable them to subscribe to a newsletter). We use parents’ e-mail addresses to obtain their consent or notify them of their child's online activities and enable the parent to unsubscribe the child from a newsletter or other similar activity.
At any time parents can refuse to permit us to collect further personal information from their child and can request that any personal information we have collected be deleted from our records.
We will provide parents notice by e-mail of any material changes in the way we intend to collect, use, and/or share their child’s personal information. Please note that, at all times, parents should update their personal information to provide us a current email address.
If you would like to review any personally identifiable information that we have collected online from your child, have this information deleted, and/or request that there be no further collection or use of your child's information, or if you have questions about these information practices, you may contact our Privacy Officer:
DAI Privacy Officer
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 DAI’s privacy practices and not use your personal information for purposes other than to carry out our instructions.
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 DAI 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 DAI 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® DAI Development Agent in their area. A Development Agent is an independent contractor of DAI. 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 inquiries 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 DAI 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”.
By applying to become a SUBWAY® Development Agent via www.subway.com, an 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 FWH and its 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. Once a Development Agent candidate becomes a Development Agent, they may then reference themselves by their Development Agent Number. Failure to provide necessary information may negatively impact your ability to become a Development Agent.
Finally, 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.
You may submit Personal Information via your cell phone, smartphone, and tablet. If you use any location-enabled products, you may be sending us location information. DAI does not store or use this information other than to provide the service you requested. For example, a mobile product may use GPS data to find a nearby restaurant you requested. Location-enabled features are opt-in and you have control over your participation and can turn these services off at any time.
DAI uses a variety of new technologies and social media options to communicate and interact with consumers. These websites and mobile applications include popular social networking and media sites, such as, Twitter and Facebook. If you post updates to or receive updates from www.twitter.com , www.facebook.com , and other social networking websites, during the Promotion Period via SMS from your wireless phone, your wireless-service provider may charge you for each text message you send and receive. You must consult your wireless service provider regarding its pricing plans, as rates may vary. Use of third party social networking websites, such as, Twitter and Facebook, are governed by the privacy practices of those websites. DAI does not capture or store your login information or any other personally identifiable information for Twitter, Facebook, and other social networks, however, session information or cookies may be stored on your wireless phone, by their websites.
Mobile Information We Collect
Mobile Information Sharing
Wireless Promotional Opportunities - DAI may provide users and viewers with the opportunity to register for special promotions via mobile text messaging and other wireless devices. Users are required to provide their consent to receive such information from DAI, either by registering on our website or via your wireless device. Promotional opportunities may be provided by the SUBWAY® Group, the FAF Group, and/or DAI’s third party service providers. The Information requested as part of the online registration process may include, but is not limited to, a user's telephone number or a wireless email address (only if specifically requested), and your mobile carrier's name.
Please note that most wireless transmissions are not secured and there is a greater risk of an unknown third party's interception of messages or a user's Personal Information when using a wireless communications device. Users that register for DAI's wireless services acknowledge, understand and agree that they may be charged by the user's wireless carrier for all messages between DAI and the user. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will our website, DAI, the SUBWAY® Group, or its affiliates be held responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
Termination of Wireless Services by User - Users may revoke their consent to receive mobile messages for marketing promotions from DAI and/or its affiliates by the following procedure:
A user may cancel one or more services via his/her wireless device at any time by using the unsubscribe mechanism provided by DAI at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". DAI will terminate the user's registration for the most recent wireless service sent to the user. Any of these words followed by the word "ALL" in the user's termination request will cancel all of the user's registered wireless services with DAI. If the user unsubscribes from one or all of DAI service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user's previous opt-in.
Use of Information - DAI will not use a wireless telephone number, wireless or conventional internet email address, or other Information submitted for its wireless marketing promotions for any other purpose than to provide the services requested, unless we provide to you advance notice of any other use. We will not share any Personal Information with third party service providers unless you opt-in for such disclosure.
You may use a referral feature (either on a web page, in an e-mail, from a banner ad or other communication) to inform a friend about a Southwest web page or promotion. DAI may use any e-mail address provided when using this referral feature to send both an initial e-mail and a subsequent e-mail to recipients about the particular promotion, product, or service in which you indicated your "friend" may have an interest.
You may have the opportunity to elect to receive email communications from DAI. DAI will only email you alerts if you elect to receive them. If you elect to receive email communications, DAI will send you occasional updates about new additions to the Website as well as special offers and promotions of which you can take advantage. If at any time you decide you would rather not receive these types of communications from DAI, you can opt-out by clicking the unsubscribe link at the bottom of any DAI email, update the contact preferences for your account, or contact the Privacy Officer at firstname.lastname@example.org.
The Personal Information you provide DAI is considered a company asset and may be disclosed and/or transferred 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 DAI or of any of the business assets or shares of DAI or a division thereof, in order for a customer to continue to receive the same products and services from the third party.
Although we make every effort to preserve user privacy, we reserve the right to disclose Personally Identifiable Information to a third party in certain limited circumstances, specifically: to comply with a law, regulation, search warrant, subpoena, judicial proceeding, a court order, or as otherwise may be required by law, to enforce our policies or contracts, to collect amounts owed to us, to protect users of our sites from fraudulent or abusive use, during emergencies when safety is at risk, as determined by DAI, or otherwise where necessary for the establishment, exercise or defense of legal claims. In addition, from time to time, server logs may be reviewed for security purposes; for example, to detect unauthorized activity on the web site. In such cases, server log data, containing IP addresses, would be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities. As described above, DAI, 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.
Phishing-Identity theft and the practice currently known as “phishing” are of great concern to DAI. Accordingly, safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, Social Security Number or National Identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
All reasonable steps are taken to safeguard your Personal Information against loss; unauthorized access, use, modification, disclosure; or any other misuse. We take all reasonable steps to insure that your Personal Information is accurate, up-to-date, complete, relevant and not misleading. DAI 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(s) remains valid after termination of our relationship with you.
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. We want to be sure that we keep only the most accurate and up-to-date Personal Information in our records. You can email us at email@example.com to update your contact information. To protect your privacy, we will take reasonable steps to help verify your identity before granting access or making changes.
If you have any questions or concerns, please contact:
DAI Privacy Officer
We will address your concern and attempt to resolve any problem. Download Privacy Information Request Form here: http://www.subway.com/subwayroot/InfoRequestForm.pdf.
DAI and the SUBWAY® Group, uses a variety of new technologies and social media options to communicate and interact with consumers. These sites and applications include popular social networking and media sites, open source software communities and more. To better engage the public in ongoing dialog, the SUBWAY® Group uses several third-party platforms including, but not limited to, Facebook, Twitter, and YouTube. Third-Party Websites and Applications (TPWA) are Web-based technologies that are not exclusively operated or controlled by the SUBWAY® Group. When interacting with the SUBWAY® Group’s presence on those websites, you may reveal certain personal information to the SUBWAY® Group or to third parties. Except when used by the SUBWAY® Group’s employee’s for the purpose of responding to a specific message or request, the SUBWAY® Group will not use, share, or retain your personal information.
At this time, the SUBWAY® Group has three Social Media Accounts, Facebook.com/subway, Twitter.com/subwayfreshbuzz (we also own and in the near future will be migrating our Twitter Account to twitter.com/subway), and Youtube.com/subway.
DAI 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. DAI has been Self-Certified under the Safe Harbor privacy frameworks 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:
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.
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. Doctor’s Associates Inc. is located in the United States, as are the servers that make our websites available. All matters relating to privacy issues and websites 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 telephone at (202)382-4537.
LAST UPDATED: 03/26/13
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