Terms And Conditions Of
The Subway Corporation of Washington Web Site
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. Use of the pages in this site is dependent on your agreement to the following terms and conditions. If you do not agree to these terms and conditions, you should not use this site.
RESTRICTIONS ON USE
All material from www.subwaydcw.com and any other World Wide Web site which is owned operated, licensed, or controlled by The Subway Development Corporation of Washington ("SDC") may not be copied, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal Web browsing without prior written consent of the SDC EXCEPT: If you are a SUBWAY® franchisee, one copy of any pertinent documents to the operation of your restaurant, may be downloaded on a computer or diskette for use within the scope of your operation of a SUBWAY® Sandwich Restaurant only as provided for in your Franchise Agreement, provided that you do not alter or delete any service marks, trademarks, trade names, logos, or other proprietary rights and interests. Any proprietary information remains sole property of SDC, and may not be distributed outside the scope of your operation of a SUBWAY® Restaurant. The material in this site is provided for lawful purposes only and any other use or modification of the materials found in this site violates the intellectual property rights of SDC. Any material which is downloaded from our site, including but not limited to files, data and images, will be deemed to be licensed to you by the SDC. SDC retains full and complete title and intellectual property rights to all materials. You may not reproduce, sell, repost, modify, or convert any materials in this site in any manner inconsistent with these terms and conditions.
top of the pageDISCLAIMER AND RESTRICTION OF LIABILITY
SDC does not make any guarantee as to the accuracy of this site or of any other site which is owned, operated, licensed, or controlled by SDC. SDC reserves the right to make changes or corrections from time to time without notice or obligation. SDC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND; ANY WARRANTY, EXPRESS OR IMPLIED, IS HEREBY EXCLUDED AND DISCLAIMED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. All materials are provided in this site "AS IS" and "WITH ALL FAULTS." Some states do not allow limitations on implied warranties, so the above disclaimer may not apply to you.
IT IS UNDERSTOOD AND AGREED THAT SDC'S LIABILITY AND USER'S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE AMOUNT THAT YOU (THE USER) PAID TO ACCESS THIS SITE. UNDER NO CIRCUMSTANCES SHALL SDC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, INJURY OR DAMAGES RESULTING FROM USE OF THIS SITE, DAMAGE TO OR LOSS OF EQUIPMENT, ANY INTERRUPTIONS, DEFECTS, DELAYS, OMISSIONS, OR FAILURE OF TRANSMISSIONS, COMPUTER VIRUS, OR FAILURE TO CONNECT, EVEN IF SDC HAS BEEN NEGLIGENT OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Copyright is a form of protection provided by the laws of the United States (Title 17, U.S. Code). Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be punished according to the laws as stated in Title 17, U.S. Code.
SUBWAY® and any other marks associated with the SUBWAY® Franchise System, are the sole property of Doctor's Associates Inc. No license to use any of these marks is given or implied. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way (except as an integral part of an authorized copy of material appearing in these Web pages, as set forth in paragraph 2: "Restrictions on Use") without prior written permission of Doctor's Associates Inc.
top of the pageTRADEMARK INFORMATION
The following trademarks are registered to Doctor's Associates Inc. in the U.S.A. and other countries: SUBWAY®, SUBWAY Sandwiches and Salads®, the SUBWAY® logo, B.M.T.®, SUB CLUB®, KIDS’ PAK®, THE FRESH ALTERNATIVE®, SANDWICH ARTIST®, SUBWAY MELT®, VEGGIE DELITE®, SUBWAY Seafood & Crab®, SACK OF SUBS®, SUBWAY MY WAY!®, SUBWAY CLUB®, and FRUIZLE®.
top of the pageDAI PRIVACY POLICY
Doctor’s Associates Inc.
Milford, Connecticut
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.
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. 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.
We will never collect sensitive Personal Information. Sensitive Personal Information shall include but is not limited to: information pertaining to racial or ethnic origins, political or religious beliefs, health, and sexual orientation.
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 respond to the use of your Personal Information.
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. Development Agents also make recommendations as to whether a prospective franchisee in their territory should be granted a franchise. Failure to provide necessary information may prevent DAI from fully addressing any customer concerns.
Children under 13 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information.
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.
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, and telephone number. 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 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.
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 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 DAI and its affiliates, pursuant to the service contracts between them.
In order to effectively implement the SUBWAY® Gift Card Program, 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, 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.
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.
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.
Disclosure, Storage, Retention and Accuracy of Personal Information
Except as described in this Privacy Policy, DAI will not disclose Personal Information to a third party, unless such disclosure is requested, there is consent to such disclosure, or disclosure is required by law.
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.
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, 06460, USA. We will address your concern and attempt to resolve any problem. Download Privacy Information Request Form here.
Changes to our Privacy Policy
This Privacy Policy may be amended at any time, without prior notification.
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