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PRIVACY STATEMENT
Subway
Systems Australia Pty Ltd.
ACN 009
277 034
ABN 79 009 277 034
Legal
Information
This Privacy Policy discloses
how Subway Systems Australia Pty Ltd (“SSA” or “we” or “us”) collects, protects, uses and shares Personal Information gathered about you, in conformance with the
Australian Privacy Act 1998 (Cth), as amended (“Privacy Act”), including the National Privacy Principles. In an effort to comply with the law, and our
commitment to protect your Personal Information, we provide the following information, which discloses our policies with respect to Personal Information.
Please note that this Privacy Policy does not govern the privacy policies and procedures of SSA’s independently owned and operated SUBWAY® stores.
What type of information do we collect?
Personal Information is defined as any information or an
opinion about an individual which may cause an individual’s identity to be apparent or known. An identifiable person is one who can be identified,
directly or indirectly, by reference to an 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, Tax File Number, financial information and employment-related
information such as may be found on resumes, applications, background verification information, or in employment references.
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 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.
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
SSA 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 SSA 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 SSA to keep all past and present
employee information private from disclosure to third parties, except for our affiliate Doctor’s Associates Inc. (“DAI”), who provides various Human Resource
functions to SSA pursuant to a service contract. There are certain business related exceptions and they are:
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To comply with local, state or federal agency requests;
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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);
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Third parties with which SSA 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 SSA 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.
Collection and Use of Customer Information
SSA will not collect customer Personal Information, unless
the customer contacts SSA directly or otherwise consents to the collection of the same. In order to adequately address a customer’s 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 SSA 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, and e-mail address. 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.
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 SSA in
selecting franchisee candidates.
Personal Information collected from prospective
franchisees includes, 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
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 SSA and its affiliates, pursuant to service contracts between them.
A franchisee and prospective franchisee’s information may
be shared with the Development Agent in their area. A Development Agent is an independent contractor of SSA 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 franchisee’s concerns
in a customer complaint, respond to a franchisee’s inquires for franchise sales, and any other inquiry which may require a response.
SSA 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.
SSA will share franchisee Personal Information with its
affiliate and owner of the trademark and SUBWAY® system, Doctor’s Associates Inc. (“DAI”), in order to provide, service, protect and market the SUBWAY®
system. SSA or DAI may also disclose Personal Information to other companies, co-operatives or individuals who we or DAI provide any service to or assist us
or DAI in providing or performing functions relating to the SUBWAY® system (for example, including but not limited to: Subway Realty Pty Ltd ABN 55 009 277 374
(“SRPL”) and Subway Real Estate Corporation (“SREC”), which provide or service franchisee leasing needs; Subway International B.V. (“SIBV”) who SSA and DAI
assist in providing or performing functions and services relating to the SUBWAY® system; the Independent Purchasing Co-operative (“IPC”) and Independent
Purchasing Company (Australasia) Ltd ABN 18 082 169 060 (“IPCA”) who assist us and franchisees with purchasing and supply arrangements relating to the SUBWAY®
system; and Subway Franchisee Advertising Fund of Australia Pty Ltd ABN 21 071 190 317 (“Australian SFAF”) and the chain-wide Subway Franchise Advertising Fund
Trust (“SFAFT”), which provide advertising services to member stores/restaurants).
Finally, upon becoming a SUBWAY® franchisee you consent to
SSA disclosing former or past franchisee contact information including Personal Information in its Disclosure Document, as required by law, unless you advise
our Privacy Officer in writing, either by email or regular mail received, of your desire to not have your details or contact information disclosed 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 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
SSA 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, SSA 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. SSA 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. SSA 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 SSA or of any of the business or assets or shares of SSA 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, SSA, 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
SSA ensures 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.
SSA 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.
Information provided by you is relied upon by SSA and its
affiliates for its accuracy. We take all reasonable steps to ensure 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
our Privacy Officer, Jocelyn Saint-Fryar on telephone number (07)3253 0249; by Facsimile on (07) 3852 4081; by email at:
saintfryar_j@subway.com or by postal mail at Subway Systems Australia Pty
Ltd PO Box 313 Fortitude Valley Qld 4006, or Lobby 1, Ground Floor 153 Campbell Street, Bowen Hills Queensland 4006.
Links to Non-SSA Web Sites and Third Parties
Please note that SSA or SUBWAY® web sites may contain
links to other web sites for your convenience and information. SSA does not control those sites or their privacy practices, which may differ from
www.subway.com. SSA’s 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 SSA 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 SSA; that sharing is governed by that third party’s privacy policy.
Safe Harbor Compliance
DAI, an affiliate of SSA, 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, choice, onward
transfer, security, data integrity, access and enforcement. Additional information about Safe Harbor principles and certification process can be found
at www.export.gov/safeharbor. SSA, while not self-certified with Safe Harbor,
acknowledges the principles of Safe Harbor and strives to meet these
requirements.
Changes to our Privacy Policy
This Privacy Policy may be amended at any time, without prior notification.
SSA
updated
01/08 |
