Your privacy is very important to us. This Privacy Policy
discloses how Doctor’s Associates Inc. (“DAI”) and its affiliates collect,
protect, use and share personal information gathered about you, in conformance
with the applicable law. 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.
DAI respects the privacy of employees and job applicants, franchisees,
development agents, Subway® customers and other visitors to our websites who may
choose to provide personal information. We recognize the need for appropriate
protection 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 DAI’s 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 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, Social Security
number, financial information
and employment-related
information such as may be found
on resumes, applications,
background verification
information, or in employment
references.
DAI takes
measures to maintain the
confidentiality of your Social
Security Number, to protect your
Social Security Number from
unlawful disclosure, and to
limit access to your Social
Security Number. DAI will not
make your Social Security Number
available to the general public,
print your Social Security
Number on any card, require you
to provide your Social Security
Number to access any products or
services, transmit your Social
Security Number over the
Internet unless the connection
is secure or your Social
Security Number has been
encrypted, or require the
transmittal of your Social
Security 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 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
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
DAI 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 DAI 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 DAI to keep all past and present employee
information private from disclosure to third parties. There are certain business
related exceptions and they are:
- To comply
with county, state or
federal agency requests;
- 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);
- Third
parties with which DAI 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 DAI 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
DAI 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
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 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 DAI 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 DAI and its affiliates to
improve our product marketing
and advertising. YOU MUST BE 13
YEARS OLD OR OLDER TO REGISTER A
SUBWAY® CARD.
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 DAI 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 DAI 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
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,
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 prospective franchisee’s
information may be shared with
the Development Agent in their
area. A Development Agent is an
independent contractor of DAI 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.
A
franchisee’s 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 DAI may supplement
additional franchisee information to our third party service provider.
A franchisee’s
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 DAI
may supplement additional
franchisee information to our
third party service provider.
DAI 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 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. 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 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 DAI 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, DAI 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. DAI 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. DAI 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 DAI
or of any of the business or assets or shares of DAI 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, DAI, 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
DAI 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.
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.
We take all
reasonable steps to insure that
your Personal Information is
accurate, up-to-date, complete,
relevant and not misleading.
DAI may store
your Personal Information in its
databases located in the United
States and/or other countries
outside of the United States.
Additionally, some of our
service providers may reside in
the United States or other
countries outside of the United
States and will be subject to
the laws of the local
jurisdiction. As a result, in
certain circumstances, the
United States and other foreign
governments, courts, law
enforcement agencies or
regulatory agencies may be
entitled to access the Personal
Information collected and held
by DAI.
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 Doctor’s
Associates Inc., 325 Bic Drive,
Milford, CT, 06461, USA. We will
address your concern and attempt
to resolve any problem.
Privacy
Information Request Form here.
Links to Non-DAI Web Sites and Third Parties
Please note that DAI or SUBWAY® web sites may contain links to other web sites
for your convenience and information. DAI does not control those sites or their
privacy practices, which may differ from www.subway.com. DAI’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 DAI 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 DAI; that sharing is governed by that third party
company’s privacy policy.
Safe Harbor Compliance
DAI 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.
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. 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.
International Privacy
Policies
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, 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
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: DAI
06/04/09
