SIBV PRIVACY POLICY
Subway International
B.V.
Amsterdam, The Netherlands
Your
privacy is very important to us. This
privacy policy discloses how Subway International B.V. (SIBV) collects,
protects, uses and shares personal information gathered about you, in
conformance with Directive 95/46/EC of the European Parliament, the Council of
24 October 1995, and the Safe Harbor Principles established by the United
States Department of Commerce in consultation with the European Commission. All Personal Information is collected in a fair and
non-intrusive manner, with your voluntary consent. Personal Information is not
accessible to anyone outside the specific function for which it is collected. SIBV respects the privacy of our
customers, employees and job applicants, franchisees, development agents, and
other visitors to our websites who may choose to provide personal information.
We recognize the needs for appropriate protections and management of personal
information that you provide to us. This Privacy Policy will assist you to
understand what types of information we may collect, how that information may
be used, and with whom the information may be shared.
In
an effort to comply with the law, and our commitment to protect your personal information,
we provide the following, which discloses our policies. Please note that this
Privacy Policy does not govern the privacy policies and procedures of SIBVs
independently owned and operated SUBWAY stores.
What type of information do we collect?
Personal
Information is 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 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: identifying information such
as name, home address, home telephone number, e-mail 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.
SIBV
takes measures to maintain the confidentiality of your Social Security Number
and/or Identification Number, to protect your Social Security Number and/or
Identification Number from unlawful disclosure, and to limit access to your
Social Security Number and/or Identification Number. SIBV will not make your
Social Security Number and/or Identification Number available to the general
public, print your Social Security Number and or Identification Number on any
card, require you to provide your Social Security Number and/or Identification
Number to access any products or services, transmit your Social Security Number
and/or Identification Number over the Internet unless the connection is secure
or your Social Security Number and/or Identification Number has been encrypted,
or requires the transmittal of your Social Security Number and/or
Identification Number to access our Website without requiring additional
authentication.
We
will not 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 individuals 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
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 addresses, and phone numbers) over the Internet.
Our Use of Your Information
We
use your Personal Information to facilitate the services you request. We have
tailored our Privacy Policy to adequately inform you of the use of your
Personal Information.
Collection and Use of Employee Personal Information
SIBV 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 SIBV and its
affiliates facilities and computer networks, employee profiles, internal
intranet employee directories, Human Resource recordkeeping, and other
employment related purposes.
It is the policy of SIBV to keep all past and present
employee information private from disclosure to third parties, except for our
affiliate Doctors Associates Inc. (DAI), who provides various Human Resource
functions to SIBV pursuant to a service contract. 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 SIBV has contractual agreements to assist in administration of company
sponsored benefits.
Verifications of Employment
Prospective employers, state agencies, financial
institutions, and residential property managers routinely contact SIBV 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
Departments confidential records.
Collection and Use of Customer Information
SIBV will not collect customer Personal Information, unless the
customer contacts SIBV directly. In order to adequately address a customers
concern, their Personal Information may be shared with the area Development
Agent and franchisee. Development
Agents assist with franchise sales, site location, training, and provide
operational assistance to franchisees. Failure to
provide necessary information may prevent SIBV from fully addressing any
customer concerns.
If you are a participant in the Online SUBWAY Store, we ask for
contact information, name, shipping address, phone number, e-mail address, credit card information, and other
related information necessary for billing purposes, such as a mailing address
for credit card validation. In the future, we 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. At any time you
may opt out of future contacts by un-subscribing from our database or
contacting the Privacy Officer.
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 SIBV and its affiliates to improve our product
marketing and advertising. YOU MUST BE 13 YEARS OLD OR OLDER TO REGISTER A SUBWAY
CARD.
Collection and Use of Franchisee and Prospective Franchisee Information
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 SIBV 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 franchisees ability
to become a franchisee. Once a prospective franchisee becomes a franchisee, they
may then reference themselves by their Franchise Agreement Number. In order to
better service franchisees, a franchisees Personal Information may be shared
between SIBV and its affiliates, 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 franchisees
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 SIBV to establish your pre-authorized
account for the payment of royalties, advertising fees, and other charges.
Subject to a franchisees agreement with the independent purchasing
cooperative, the independent purchasing cooperative may bill a franchisees
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 prospective franchisees information may be shared with the
Development Agent in their area. A Development Agent is an independent
contractor of SIBV or one of its affiliates. Development Agents assist with
franchise sales, site location, training, and provide operational assistance.
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 franchisees concerns in a
customer complaint, respond to a franchisees inquires for franchise sales, and
any other inquiry which may require a response.
A
franchisees information may be shared with our third party service provider in
order to implement Subway Express through the www.subway.com website. Franchisees may provide
information to the third party service provider directly or SIBV may supplement
additional franchisee information to our third party service provider.
SIBV will also share Personal Information in order to service
franchisee leasing needs and related administrative functions. Franchisee
Personal Information may be shared during store transfers. Finally, franchisee
Personal Information may be shared with Stichting Administratiekantoor Subway Franchisee Advertising
Fund Trust (the "SFAFT Foundation") and/or Subway Franchisee
Advertising Fund Trust BV ("SFAFT BV") in order to provide
advertising services to member stores.
Collection and Use of Development Agent Information
By
applying 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
information in order to assist you in applying, and
evaluating you to become a Development Agent. Personal Information is collected
to assist SIBV and its affiliates 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.
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, SIBV 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. SIBV
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. SIBV 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 SIBV or of any of
the business or assets or shares of SIBV or a division thereof in order for a
franchisee or Development Agent to continue to receive the same products and
services from the third party.
As described above, SIBV, its affiliates, third party service
providers and Development Agents may share and exchange Personal Information in
order to process franchisee and Development Agent applications, administer the
SUBWAY franchise system, implement the SUBWAY Gift Card program, implement Subway Express and protect the integrity of the
SUBWAY franchise system and trademarks. Personal
Information may be provided to a courier or freight forwarder in order to
fulfill an order, which may have been requested from us.
Our Development Agents and other service providers are prohibited
from using Personal Information for any purpose other than to provide
assistance. Development
Agents are required to protect Personal Information
disclosed by us and to comply with the general privacy principles described in
this Privacy Policy.
Storage, Retention and Accuracy of Personal Information
SIBV 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.
SIBV 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.
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 employee 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 Subway International B.V., 325 Bic Drive, Milford, CT, 06461, USA. We will address your concern and
attempt to resolve any problem. Download Privacy
Information Request Form here.
Links to Non-SIBV Web Sites and Third Parties
Please
note that SIBV or SUBWAY web sites may contain links to other web sites for
your convenience and information. SIBV does not control those sites or their
privacy practices, which may differ from www.subway.com.
SIBVs privacy policy cannot and does not apply to external Web areas. We do
not endorse or make any representations about third party web sites. The
personal data you choose to give to unrelated third parties is not covered by
the SIBV privacy policy. We encourage you to review the privacy policy of any
company or web site before submitting your Personal Information. Some third
parties may choose to share their personal data with SIBV; that sharing is
governed by that third partys privacy policy.
Safe Harbor Compliance
DAI,
an affiliate of SIBV, is in compliance with the U.S. Department of Commerce
Safe Harbor requirements regarding the transfer of personal information from
European Union member countries to the United States. DAI has been Self-Certified 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.
Further
information regarding the Safe Harbor principles and certification process can
be found at www.export.gov/safeharbor.
SIBV, while not self-certified with Safe Harbor, acknowledges the principles of
Safe Harbor and strives to meet these requirements.
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 a Member State of the European Union and
have any concerns or complaints, please first address these issues to the
Privacy Officer. Subway International B.V. is located in the Netherlands, however, the servers that make our websites available are located in the United States. 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
phone at (202) 382-4357.
International Privacy Policies
To
view your countrys Privacy Policy please go to www.subway.com.
At the top of the page, please click on AROUND THE WORLD, then click on
your country. Go to the very bottom of your countrys page and click PRIVACY
POLICY to view your countrys specific Privacy Policy.
Changes to our Privacy Policy
We reserve the right to modify this
privacy statement at any time, so please review it frequently. If we make
material changes to this policy, we will notify you in this Privacy Policy, by
email, or by means of a notice on our home page.
REVISED: SIBV 06/04/09