Curaçao

Privacy Policy

SFAFT BV PRIVACY STATEMENT
Subway Franchise Advertising Fund Trust, B.V.

Amsterdam, the Netherlands

www.subway.cw  Curacao

TABLE OF CONTENTS

  1. Scope of This Privacy Statement
  2. Consent
  3. Consent to Share and Disclose Personal Information, Including International Data Transfers
  4. Consent to Electronic Notice If There is a Security Breach
  5. Our Use of Your Personal Information and Type of Personal Information we may collect
  6. Personal Information We Collect That You Provide Us
  7. Internet Users – Cookies, Internet Protocol (IP) Address, Aggregate Information
  8. Compliance with the Digital Advertising Alliance
  9. Interest-Based/Online Behavioral Advertising
  10. Children and Data Collection
  11. Collection and Use of SUBWAY® Franchisee and  Prospective Franchisee Personal Information
  12. Mobile Information
  13. Mobile Marketing Promotions and Advertising
  14. Forward-to-a-Friend and Refer-a-Friend
  15. Opt-Out of Email Updates
  16. Sharing of Personal Information
  17. Security
  18. Storage, Retention and Accuracy of Personal Information
  19. Access, Control and Update Personal Information About You
  20. SFAFT BV Privacy Officer Contact Information
  21. Links to Non-SFAFT BV Websites and Third-Parties
  22. Social Media and Online Engagement
  23. Your California Privacy Rights
  24. U.S. – EU and the U.S. – Swiss Safe Harbor Compliance
  25. Members of the European Union
  26. Enforcement
  27. International Privacy Policies
  28. Changes to our Privacy Statement
  29. Terms and Conditions of Website Use

1. Privacy Statement

Your privacy is very important to us. This Privacy Statement discloses how Subway Franchisee Advertising Fund Trust, B.V. ("SFAFT BV") and its affiliated companies and subsidiaries collects, protects, uses and shares Personal Information gathered about you, in conformance with Curacao’s PERSONAL DATA PROTECTION ACT (2010) and Directive 95/46/EC of the European Parliament, the Council of 24 October 1995. Our privacy practices are consistent with:

  • The U.S.-EU and U.S.-Swiss Safe Harbor Frameworks Privacy Principles of: Notice, Choice, Onward Transfer (Transfers to Third Parties), Security, Data Integrity, Access, and Enforcement.
  • Fair information practices established by the Organization for Economic Co-operation and Development (OECD).
  • The Asia Pacific Economic Cooperation forum (APEC) Privacy Framework.
  • Applicable country, national, state and local data protection laws (some country’s laws require country specific information in a Privacy Statement.

The FAF Group operates as the advertising part of the SUBWAY® Group’s advertising entities, which includes, but is not limited to: Subway Franchisee Advertising Fund Trust, Ltd. (“SFAFT”) is a Connecticut statutory trust, with a business address at 325 Bic Drive, Milford, CT 06461. Subway Franchisee Advertising Fund Trust, B.V. (“SFAFT BV”) is a Netherlands limited liability company, with a business address at Prinsengracht 13, 1015 DK Amsterdam.  Subway Franchisee Advertising Fund of Australia Pty. Ltd. (“SFAFA”) is a company limited by shares, with a business address at Level 1, 42 Amelia Street, Fortitude Valley, Queensland, 4006, Australia. Subway Franchisee Advertising Fund of Canada, Inc./Le Fond De Publicité Des Franchisés Subway Du Canada Inc. (“SFAFC”) is a federal corporation, with a business address at Monarch Registries, 11210-107 Avenue NW, Main Floor, Ed Monton, AB T5H 0Y1.   Subway Franchisee Canadian Advertising Trust (“SFCAT”) with a business address at Monarch Registry 11210-107 Ave. NW, Main Floor, Edmonton, AB T5H 0Y1.  The FAF Group administers national and local advertising funds and activity for SUBWAY® restaurants and SUBWAY® franchisees worldwide.  SFAFT, SFAFT BV, SFAFA, SFAFC and SFCAT are collectively referred to herein as the “FAF Group”.

SFAFT BV may share information, including Personal Information with its affiliates the SUBWAY® Group, which includes, but is not limited to: 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: Doctor’s Associates Inc. (“DAI”).  DAI owns and licenses the SUBWAY® trademark and SUBWAY® Restaurant System to its affiliates, including, but not limited to, Subway International B.V. (“SIBV”), a Limited Liability Company and the franchisor of the SUBWAY® system for Europe, 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”) and Subway Systems India Private Limited (“SSIPL”), in order to develop SUBWAY® restaurants worldwide. PT Subway Systems Indonesia (“PTSSI”) is a service company which provides business related services exclusively to Indonesia’s SUBWAY® franchisees, for and on behalf of SIBV, the franchisor for Indonesia. DAI owns and licenses the SUBWAY® trademark and SUBWAY® Restaurant System to its affiliates in order to develop SUBWAY® restaurants worldwide.  FWH, DAI, SIBV, SSA, SFSC, SPCCV, SSB, SSFSA,  SSIPL, and PTSSI are collectively referred to herein as the “SUBWAY® Group”.

SFAFT BV may share information, including Personal Information with Subway Real Estate, LLC (“SRE”) which assists franchisees of the SUBWAY® Group in negotiating real estate leases, and administering the leases and lease renewals for all restaurant premises that they sublease to franchisees, as well as its leasing affiliates worldwide, which includes, but is not limited to:  Subway Real Estate Corp. (“SREC”), Subway Realty of the Netherlands B.V., Subway Realty Limited, (“SRL”), Subway of Ireland Limited, Subway Partners Realty N.V., Subway Realty de Venezuela, C.A., Subway Real Estate Limited, Subway Realty de Mexico, S.A. de C.V., Subway Real Estate of France S.A.R.L., Subway Vermietungs –und Servicegesellschaft mbH, Subway Realty of Spain, S.L., Subway Realty of Italy S.r.l., Subway Subs of Sweden AB, Subway International B.V. – Taiwan Branch, and Subway Realty do Brasil, Ltda.

SFAFT BV may share information, including Personal Information, with our third party service providers including, but not limited to: Independent Purchasing Cooperative, Inc. (“IPC”), and its wholly owned subsidiary Value Pay Services LLC (“VPS”), European Independent Purchasing Cooperative (“EIPC”), Latin America and Caribbean Independent Purchasing Cooperative (“LACIPC”), Independent Purchasing Cooperative (Australasia) Limited (“IPCA”) and Middle East Independent Purchasing Cooperative (“MEIPC”), all of which are member owned and operated entities, composed of all SUBWAY® Franchisees located in the geographical areas as follows: United States of America and its territories and Canada (IPC), European Union (EIPC), Latin America and Caribbean (LACIPC), Australia (IPCA) and Middle East (MEIPC). EIPC, LACIPC, IPCA and MEIPC, are collectively referred to herein as the “Co-op Group”.

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. SFAFT BV respects the privacy of our SUBWAY® customers, our employees, job applicants, and other visitors to our websites who may choose to provide Personal Information. We recognize the need for appropriate protections and management of Personal Information that you provide to us. This Privacy Statement 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.

This Privacy Statement explains SFAFT BV’s privacy practices and procedures regarding the Personal Information collected online from users of the SUBWAY® Restaurant Systems website located at: www.subway.cw.  SIBV is the franchisor for Curacao. To read the full Privacy Statement for SIBV, and find out more about SIBV’s privacy practices and procedures, please see SIBV’s Privacy Statement located at: http://www.subway.com/FranchisorPolicy/frpolicy-cpeng-bv.pdf.

In an effort to comply with the law, and our commitment to protect your Personal Information, we provide the following, which discloses our privacy practices and procedures. Please note this Privacy Statement does not govern the privacy practices and procedures of independently owned and operated SUBWAY® Restaurants. Nor does this Privacy Statement govern the Personal Information handling practices and procedures of FWH, DAI, and the remaining SUBWAY® Group affiliates, including but not limited to:   SIBV, SSA, SFSC, SPCCV, SSB, SSFSA, SSIPL, and PTSSI, as well as SFAFT, SFAFT BV, and the FAF Group.   SFAFT BV encourages you to review FWH, DAI, and SFAFT’s, online Privacy Notice located at: http://www.subway.com/subwayroot/PrivacyNotice.aspx  which discloses FWH, DAI, and SFAFT’s respective online privacy practices and procedures.  To find out more about SFAFT BV’s online privacy practices and procedures, please see our Privacy Statement located at: www.subway.cw/privacy-policy, which discloses SFAFT BV’s full privacy practices and procedures.

2. Consent

 

This Privacy Statement applies to all information gathered for and on behalf of SFAFT BV, whether in writing, verbally or electronically, through any website operated by or on behalf of SFAFT BV, including, but not limited to: www.subway.cw, together with any and all future websites operated by or on behalf of SFAFT BV.

 

BY SUBMITTING PERSONAL INFORMATION TO SFAFT BV, AND/OR BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO SFAFT BV’S COLLECTION, USE, AND DISCLOSURE OF SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY STATEMENT AND THE TERMS AND CONDITIONS AS PERMITTED OR REQUIRED BY LAW.

 

If you have questions about this Privacy Statement or the protection of your Personal Information, please contact SFAFT BV’s Privacy Officer at: privacyofficer_cw@subway.com.

 

3.  Consent to Share and Disclose Information, Including International Data Transfers

 

In addition to consenting to the website Privacy Statement, Terms and Conditions, as well as any relevant supplemental policies, you expressly consent to SFAFT BV sharing the Personal Information that you have provided to SFAFT BV, as described herein. SFAFT BV may share Personal Information with its affiliates and/or third-party service providers, including, but not limited to:  the SUBWAY® Group, the FAF Group, the Co-op Group, and VPS. SFAFT BV may also share your Personal Information with companies that provide support services to SFAFT BV, such as, but not limited to: credit card processors, mailing houses, web hosts, technical support providers, fulfillment centers, enforcing and/or investigating business operations or transactions, because these companies may need information about you in order to perform their various functions. Please note, SFAFT BV does not control these companies nor does SFAFT BV authorize these companies to use your Personal Information that SFAFT BV may share with them, for any reason other than the purpose for which SFAFT BV hired them. You agree that SFAFT BV and those with whom it shares your Personal Information (the “Recipients”), may disclose and transfer your Personal Information worldwide, including in and outside of the United States and its territories, the European Economic Area, Canada and its provinces, and other geographical areas serviced by the SUBWAY® Group, for any purpose relating to SFAFT BV’s operations and programs.

 

4. Consent to Electronic Notice if there is a Security Breach

 

If SFAFT BV or a Recipient is required to provide notice of unauthorized access of certain security systems, you agree that SFAFT BV, or the Recipient, may do so when required or voluntarily by posting notice on the Website or sending notice to any email address SFAFT BV or the Recipient has for you, in the good faith discretion of SFAFT BV 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 Personal Information We May Collect

 

We use your Personal Information to facilitate the services you request. We have tailored our Privacy Statement to adequately advise of the use of your Personal Information.

 

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 telephone number, date of birth, Social Security Number and/or Identification Number, photographic images (especially of face or other identifying characteristics, or other identifying characteristics such as eye, skin, and hair color, facial features, and personal marks such as tattoos, birthmarks, moles and scars) and video or voice recording, financial information, and employment related information, such as: Personal Information that may be found on resumes, applications, background verification information, or in employment references.

 

SFAFT BV 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. SFAFT BV 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.

 

WE DO NOT COLLECT SENSITIVE DATA

 

Sensitive data is information that can include but is not limited to, an individual’s gender, racial or ethnic origins, politics, religion, trade union membership, veteran status, physical or mental health, disabilities, sex life, sexual orientation, or criminal (or alleged criminal) activities, proceedings or convictions. We will never collect Sensitive Personal Information except to comply with Affirmative Action data requirements.

 

6. Personal Information We Collect That You Provide Us

 

SFAFT BV will not collect customer Personal Information, unless the customer contacts SFAFT BV directly. In order to adequately address a customer’s concerns, your Personal Information may be shared with our affiliates within the FAF Group, the SUBWAY® Group, SUBWAY® Development Agents (“DA”) and SUBWAY® franchisees. SUBWAY® DA’s are independent contractors of the SUBWAY® Group.   SUBWAY® DA’s assist with: franchise sales, site locations, servicing franchisee leasing needs, providing operational assistance, related administrative functions, and training to the franchisees in the DA’s geographical area. Failure to provide necessary information to the SUBWAY® Group, SUBWAY® DA’s, the FAF Group, and/or third party service providers may prevent us from fully addressing a customer’s concerns.

 

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. This information is used as part of the Lost/Stolen Card Program 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. YOU MUST BE thirteen (13) YEARS OLD OR OLDER TO REGISTER A SUBWAY® CARD.

 

For Instance, you may choose to communicate with us in some of the following ways:

 

  • Subscription Services, such as, email and newsletters.
  • User registration, such as access to www.subwaymobi.com, or www.subwaykids.com, member or non-public member pages.
  • Financial Transaction Information, such as, ordering from http://shop.subway.com/, operated by Franchise Shipping Center Company, Inc. (“FSC”).
  • Placing a catering order or signing up for a SUBWAY Card with our third-party service providers, IPC and/or VPS at: www.mysubwaycard.com, Subway Express™, www.tellsubway.com, and www.subwaycatering.com, operated by, VPS.
  • Promotions and Sweepstakes.
  • Surveys and/or Voting.

 

Upon entering your Personal Information regarding any of the above, the SUBWAY® Group, or our third party service providers, are contractually obligated to provide the same level of guarantees regarding the confidentiality and security of your Personal Information, as well as, to allow for oversight, monitoring, and auditing of the services being provided., SFAFT BV does not divulge User ID and Passwords to anyone internally or externally. Please note, when entering a Promotion or Sweepstake SFAFT BV urges you to review the Promotion or Sweepstake Official Rules and Privacy Statement specific to that Promotion or Sweepstakes.

 

7. 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:

 

  • We offer certain features that are available only through the use of cookies.
  • We use cookies to better your web experience.
  • Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
  • You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)

Disabling/enabling cookies - You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled.  

 

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 website or in an e-mail that is used to monitor the behavior of the user visiting the website 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. SFAFT BV may use your IP address to help diagnose problems with SFAFT BV’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. SFAFT BV 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 SFAFT BV administers, SFAFTBV will rely upon aggregate information, which is information that does not identify you, such as statistical and navigational information. With this aggregate information, SFAFT BV may undertake statistical and other summary analyses of the visitors' behaviors and characteristics. Although SFAFT BV 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.

 

8.  Compliance with the Digital Advertising Alliance

 

The FAF 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 FAF 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, visit http://www.aboutads.info/choices/.

 

9.  Interest-Based/Online Behavioral Advertising

 

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.

 

Opting out (advertisements). Advertisements on third-party sites that contain the AdChoices link and that link to this Privacy Statement may have been directed to you based on anonymous, non-personally identifiable information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners' use of this information for interest-based advertising purposes. Even if you opt-out through this service, we may still collect and use information from the advertisements for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.

 

10.  Children and Data Collection

 

This website is not targeted towards children under the age of thirteen (13). We do understand that children may try to contact us and in so doing may voluntarily provide Personal Information on this website. If you are a child under the age of thirteen (13) PLEASE, DO NOT submit any Personal Information about yourself on this website without getting permission from your parent(s) or guardian(s) first.

 

Children’s privacy is very important SFAFT BV.  SFAFT BV an affiliate of the SUBWAY® Group, whose servers are located in the United States, adheres to the United States Children's Online Privacy Protection Act (“COPPA”). The Federal Trade Commission (“FTC”) has the authority to issue regulations and enforce COPPA, which applies to websites and online services operated for commercial purposes that are directed at, and are collecting Personal Information from children under thirteen (13) years of age.  COPPA explains what a website operator must include in their Privacy Statement, what responsibilities a website operator has to protect children's privacy and safety online, including restrictions on marketing to those under thirteen (13) years of age, it also requires that we inform parents and/or legal guardians how we collect, use, and disclose Personal Information from children under thirteen (13) years of age, as well as, how to obtain verifiable consent from a parent in order for children to use certain features of on a website. SFAFT BV will not knowingly allow anyone under thirteen (13) years of age to provide us with any Personal Information about themselves (such as their names, e-mail address, and phone number) over the Internet.  If a child has provided SFAFT BV with Personal Information without the consent of a parent, we ask the parent of that child to contact SFAFT BV’s Privacy Officer immediately at: privacyofficer_cw@subway.com, or the SUBWAY® Group’s Privacy Officer at:  privacyofficer@subway.com. We will use all reasonable efforts to promptly delete the child's information from our servers.  Please note, that when we use the term "parent", we mean to include legal guardians. 

 

11.  Collection and Use of SUBWAY® Franchisee and Prospective Franchisee Personal Information

 

If you choose to, you may submit via www.subway.cw 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 FAF Group, the SUBWAY® Group, their DA’s, and third party service providers as part of their consideration to your inquiry and to help them conduct their franchise marketing efforts. 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. Information on your online form will become part of an application for a franchise that you might later submit. We require our affiliates within the SUBWAY® Group and their DA’s to respect SFAFT BV’s privacy practices and not use your Personal Information for purposes other than to carry out our instructions.

 

Any potential franchisee Personal Information sent to www.subway.cw is stored on a server located in Virginia, based in the United States. The server is managed by third party service provider, Spin Internet Media, based in Willemstad, Curacao. Information on this server may be shared with:

  • SIBV, a franchisor of the SUBWAY® system. SIBV retains the information to have a record of all the data for its geographical area.  SIBV is based in Amsterdam, the Netherlands.
  • DAI, the owner and licensor of the SUBWAY® system, based in Milford, Connecticut, USA.
  • FWH, which operates as a service-oriented company for and on behalf of the SUBWAY® System worldwide by providing core business related services, based in Milford, Connecticut, USA.
  • Relevant DA’s for your geographical area.
  • Subway Real Estate, LLC (“SRE”), based in Milford, Connecticut, USA, as well as its leasing affiliates for your geographical area.. 

 

SFAFT BV and its affiliates will retain your Personal Information only for as long as necessary to fulfil the purpose(s) for which it was collected and to comply with applicable laws. Your consent to such purpose(s) remains valid after termination of our relationship with you.

 

Website - www.subway.cw is hosted on a web server provided by ServInt Corporation, based in Virginia, U.S.A and managed by Spin Internet Media, based in Willemstad, Curacao. The content of www.subway.cw, including updates to the consumer content, is managed by Spin Internet Media and SFAFT BV. When you click on the links for Contact Us, Request a Brochure, Own a Franchise, and Submit a Site, you are automatically redirected to the SUBWAY® website: www.subway.com, where you fill out and submit a form which goes directly to SUBWAY® Headquarters database, located in the United States. 

 

Finally, upon becoming a SUBWAY® franchisee you consent to SFAFT BV’s affiliate, the SUBWAY® Group, 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 the SFAFT BV’s Privacy Officer at:  privacyofficer_cw@subway.com or the SUBWAY® Group’s Privacy Officer at:  privacyofficer@subway.com, 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). Please see the section provided below entitled “SFAFT BV Privacy Officer Contact Information” to find the physical address for SFAFT BV’s Privacy Officer and/or the SUBWAY® Group’s Privacy Officer.

 

12.  Mobile Information

 

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. SFAFT BV 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.

 

SFAFT BV 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. SFAFT BV 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

  • Web-enabled mobile applications may use cookies or web beacons and other methods to customize your browsing experience. Please see SFAFT BV's website Privacy Statement for more information.
  • Some mobile applications will utilize Google Analytics (or similar tool) to help us better serve our customers through improved products, services, and revisions to the mobile applications. This collected information will not identify you to SFAFT BV. It may, however, let us know anonymously, which services and features you are using the most within the application, as well as device type and hardware features, country and language of download.
  • Use of 3rd party services such as social sharing sites (e.g., Facebook and Twitter) is governed by the privacy practices of those services. SFAFT BV does not capture or store your login information or other personally identifiable information for these services, however session info or cookies may be stored.

 

Mobile Information Sharing

 

  • SFAFT BV does not share any collected information with 3rd parties with the following exceptions:
  • SFAFT BV may provide some personal data to third-party partners that are providing services essential to your mobile user experience.
  • All requests are sent through your mobile carrier's network and your carrier may have access to it. Consult your carrier's privacy policies for additional information.
  • Certain mobile products and services and manufacturers allow you to interact and share your information with others. For example, you may want to Tweet or post to your Facebook page content from a SFAFT BV mobile application. Consult your mobile device manufacturer, or mobile product or application developer's privacy policies for additional information.

 

13.  Mobile Marketing Promotions and Advertising

 

If you participate in any advertising or marketing promotions the information that you provide will be handled in accordance with the Privacy Statement specific to said promotion which cannot and does not apply to this Privacy Statement.

 

Wireless Promotional Opportunities - SFAFT BV 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 SFAFT BV, 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 SFAFT BV’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 wireless services acknowledge, understand and agree that they may be charged by the user's wireless carrier for all messages between SFAFT BV and the user. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will our website, SFAFT BV, 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 SFAFT BV 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 SFAFT BV at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". SFAFT BV 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 SFAFT BV. If the user unsubscribes from one or all of SFAFT BV 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 - SFAFT BV 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.

 

14.  Forward-to-a-Friend and Refer-a-Friend

 

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 SFAFT BV web page or promotion.  SFAFT BV 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.

 

15.  Opt-Out of Email Updates

 

You may have the opportunity to elect to receive email communications from SFAFTBV. SFAFT BV will only email you if you elect to receive them. If you elect to receive email communications, SFAFT BV 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 SFAFT BV, you can opt-out by clicking the unsubscribe link at the bottom of any SFAFT BV email, update the contact preferences for your account, or contact SFAFT BV’s Privacy Officer at: privacyofficer_cw@subway.com.

 

16.  Sharing of Personal Information

 

SFAFT BV does not sell Personal Information to third parties.  We may share Personal Information with our service providers, consultants and affiliates for our internal business purposes.   Except as described in this Privacy Statement, SFAFT BV 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.

 

We may share your Personal Information with agents, affiliates or service providers who act for or on behalf of SFAFT BV in connection with the business of SFAFT BV, or for further processing the data in accordance with the purpose(s) for which the data was originally collected, e.g., third party maintenance of secure listing databases. We require our agents, affiliates and service providers to agree in writing to maintain the confidentiality and security of Personal Information they maintain on behalf of SFAFT BV and not to use it for any purpose other than the purpose for which we retained them. We also require any third parties we retain to protect Personal Information disclosed by us in accordance with all applicable privacy requirements and the general privacy principles described in this Privacy Statement.

 

The Personal Information you provide SFAFT BV 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 SFAFT BV or of any of the business assets or shares of SFAFT BV 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 Personal 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 SFAFT BV, 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.

 

17.  Security

 

We endeavor to protect your Personal Information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our control. We safeguard your Personal Information on the Internet by using industry-standard practices. Although "guaranteed security" does not exist either on or off the Internet, we make commercially reasonable efforts to make the collection and security of such information consistent with our Privacy Statement and all applicable laws and regulations.

 

Currently, our website utilizes a variety of different security measures designed to protect Personal Information by users both inside and outside SFAFT BV, including the use of encryption mechanisms (e.g., Secure Socket Layers or SSLs), password protection, and other security measures to help prevent unauthorized access to your personally identifiable information.  This helps maintain the confidentiality, privacy, and integrity of your transactions, and helps to protect your confidential information - such as credit card numbers, online forms and financial data, from loss, misuse, interception and hacking.


Phishing- Identity theft and the practice currently known as “phishing” are of great concern to SFAFT. 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 http://www.consumer.ftc.gov/articles/0003-phishing.

 

18.  Storage, Retention, and Accuracy of Personal Information

 

All reasonable steps are taken to safeguard your Personal Information against loss; unauthorized access, use, modification, disclosure; or any other misuse. SFAFT BV takes all reasonable steps to insure that your Personal Information is accurate, up-to-date, complete, relevant and not misleading.  SFAFT BV 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.  Your consent to such purpose(s) remains valid after termination of our relationship with you.

 

SFAFT BV may store your Personal Information in our affiliate, FWH’s, databases located in the United States and/or other countries outside of the European Economic Area (“EEA”). Additionally, some of our service providers may be located in the United States or other countries outside of the EEA 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 SFAFT BV.

 

19.  Access, Control and Update Information about You

You may contact SFAFT BV’s Privacy Officer to access, correct, or delete your Personal Information. If necessary, SFAFT BV’s Privacy Officer will contact another individual to assist in completing your requested task.   SFAFT BV wants to be sure that we keep only the most accurate and up-to-date Personal Information about you, which you have provided in our records.   You can email SFAFT BV’s Privacy Officer at: privacyofficer_cw@subway.com to update your contact information.  To protect your privacy, SFAFT BV will take reasonable steps to help verify your identity before granting access or making any changes to your Personal Information.

 

20.  SFAFT BV Privacy Officer Contact Information

 

If you have any questions or concerns, please contact SFAFT BV’s Privacy Officer and/or the SUBWAY® Group’s Privacy Officer at:

 

SFAFT BV Privacy Officer,

c/o Subway Franchisee Advertising Fund Trust B.V.

The Miami Office

700 S. Royal Poinciana Blvd

Miami Springs, FL

Telephone Number: 305-883-3966 or Curacao Local:  001-877-940-8840

Email Address:         privacyofficer_cw@subway.com 

 

The Privacy Officer for the SUBWAY® Group can be contacted at:

 

SUBWAY® Group Privacy Officer

c/o Franchise World Headquarters, LLC

325 Bic Drive

Milford, CT, 06461

USA

Telephone Number:       (203) 877-4281 or Toll Free:  1-800-888-4848

Facsimile:                    (203) 783-7479

Email Address:                        privacyofficer@subway.com

 

Or, you can download our Privacy Information Request Form here:  http://www.subway.com/subwayroot/InfoRequestForm.pdf.  

 

We will address your concern and attempt to resolve any problem.

 

21.  Links to Non-SFAFT BV Websites and Third-Parties

 

Please note that www.subway.cw website may contain links to other websites for your convenience and information. SFAFT BV does not control those websites or their privacy practices, which may differ from www.subway.cw. SFAFT BV’s Privacy Statement cannot and does not apply to external websites. We do not endorse or make any representations about third party websites. The Personal Information you choose to give to unrelated third parties is not covered by the SFAFT BV Privacy Statement. 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 Personal Information with SFAFT BV; that sharing is governed by that third party company’s Privacy Policy, not, SFAFT BV’s Privacy Statement.

22.  Social Media and Online Engagement

 

SFAFT BV may use a variety of new technologies and Social Media options to communicate and interact with SUBWAY® 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, SFAFT BV 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 SFAFT BV.  When interacting with the SUBWAY® presence on those websites, you may reveal certain Personal Information to SFAFT BV or to third parties. Except when used by the SFAFT BV employee’s for the purpose of responding to a specific message or request, the SFAFT BV will not use, share, or retain your Personal Information.

 

At this time, SFAFT BV has two (2) Social Media Accounts:

 

Facebook:  On the http://www.facebook.com/subwaycuracao Facebook page, the SUBWAY® Group and/or the FAF Group staff post news and other items of interest to individuals. If you have a Facebook account or 'Like' http://www.facebook.com/subwaycuracao Facebook page, you can post comments or click on the 'like' option for individual entries. If you comment or click on the 'like' button, Personal Information may be visible to the SUBWAY® Group, the FAF Group staff, and/or the authorized representative hired to administer our Facebook page, and other Facebook site visitors. The amount of visible Personal Information will depend on your own Facebook privacy settings. You can completely avoid displaying any Personal Information by not creating an account, not posting comments and not clicking on the 'like' options in Facebook. The SUBWAY® Group and/or the FAF Group staff does not collect, use, or disclose any Personal Information about visitors who comment or 'like' the SUBWAY® Facebook site. Facebook collects and reports on Non-Personally Identifiable Information about activities on Facebook pages. This information is password protected and only available to the SUBWAY® Group and/or the FAF Group employees, members of the SUBWAY® Communications and Web Teams, and other designated staff who require this information to perform their duties. The Facebook Privacy Policy is available at: http://www.facebook.com/about/privacy/.

 

Foursquare: On the https://foursquare.com/p/subway-curacao/67117431/home Foursquare page, the SUBWAY® Group and/or the FAF Group staff post news and other items of interest to individuals. If you have a Foursquare account, you can “check in” at different locations and save and share the places you visit with other Foursquare users. If you comment or check in on https://foursquare.com/p/subway-curacao/67117431/home, Personal Information may be visible to the SUBWAY® Group, the FAF Group staff, and/or the authorized representative hired to administer our Foursquare page, and other Foursquare site users and visitors. The amount of visible Personal Information will depend on your own Foursquare privacy settings. You can completely avoid displaying any Personal Information by not creating an account, not posting comments and not checking into places on Foursquare. The SUBWAY® Group and/or the FAF Group staff does not collect, use, or disclose any Personal Information about visitors who comment or 'like' the SUBWAY® Foursquare site. The Foursquare Privacy Policy is available at: https://foursquare.com/legal/privacy.

 

SUBWAY® Franchisees may have the opportunity to sponsor their own Facebook Pages, Twitter Accounts,YouTube Accounts and Foursquare Accounts. Please note, the Privacy Statements of the individual SUBWAY® Franchisees Social Media pages are located on the individual SUBWAY® Franchisees websites. SFAFT BV’s Privacy Statement does not govern the Personal Information handling practices and procedures of individual SUBWAY® Franchisees social media pages and their individual websites.

 

23. Your California Privacy Rights (As provided by California Civil Code Section 1798.83)

 

A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its Privacy Statement) a policy of not disclosing customer's Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and providing a cost free means to exercise that right.

24. U.S. – EU and the U.S. - Swiss Safe Harbor Compliance

 

SFAFT, an affiliate of SFAFT BV, 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. SFAFT has been Self-Certified under the Safe Harbor privacy frameworks as set forth by the U.S. Department of Commerce, European Commission and Federal Data Protection and Information Commissioner of 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 Directive 95/46/EC of the European Parliament, and the Swiss Federal Act on Data Protection (FADP) effective July 1993, modified January 2008. Organizations must comply with the U.S. – EU and the U.S. - Swiss “Safe Harbor” Frameworks Privacy Principles which 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 to Third Parties) - 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.

 

SFAFT BV may transfer the Personal Information we collect about you to countries outside of Curacao in which the Personal Information was originally provided by you. Please note, those countries may not have the same data protection laws as Curacao. When SFAFT BV transfers your Personal Information to other countries outside of Curacao, we will protect your Personal Information as described in this Privacy Statement.

 

Further information regarding the “Safe Harbor” Frameworks privacy principles and certification process can be found at: www.export.gov/safeharbor.  SFAFT BV, while not self-certified with the U.S.- EU and U.S.-Swiss Safe Harbor Frameworks acknowledges the privacy 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.

 

25. Members of the European Union

 

As part of SFAFT’s participation in the Safe Harbor Frameworks, SFAFT an affiliate of SFAFT BV, has agreed to dispute resolution by the EU and/or Swiss Data Protection Authorities (“EU/Swiss DPA’s”) to serve as an independent recourse mechanism (“IRM”) for dispute resolution arising from collection, use, and retention of Personal Information transferred from EU member countries or Switzerland to SFAFT which is located in the United States.  In choosing the EU/Swiss DPA’s to serve as an IRM for dispute resolution, SFAFT has paid the necessary annual fee to the United States Council for International Business (“USCIB”) who acts as a trusted third party on behalf of the EU/Swiss DPA’s with regards to disputes relating to SFAFT’s compliance with the Safe Harbor Frameworks.  If you have any questions, concerns, or complaints regarding SFAFT’s compliance with the Safe Harbor Frameworks, please contact SFAFT’s Privacy Officer at:  fafprivacyofficer@subway.com. You may also contact the Federal Trade Commission’s website located at: http://export.gov/safeharbor/eg_main_018273.asp or by email at: 

Safe Harbor Team Inbox e-mail: safe.harbor@trade.gov.

 

 

 

26.  Enforcement

 

The FAF Group uses a self-assessment approach to assure compliance with this Privacy Statement and periodically verifies that this Privacy Statement is accurate, prominently displayed, accessible, abides by and contains the information intended to be covered by the Safe Harbor Frameworks, as stated above.

If you are a resident of the European Economic Area (“EEA”) or Switzerland and have any questions, concerns, or complaints regarding the FAF Group’s compliance with the Safe Harbor Frameworks, please contact the FAF Group’s designated Privacy Officer at:  fafprivacyofficer@subway.com, who oversees the FAF Group’s compliance with Data Protection Laws, which may be  required by various state, federal, and international laws regarding any and all websites operated by and on behalf of the FAF Group. If a complaint or dispute cannot be resolved through the FAF Group’s internal process, the FAF Group agrees to dispute resolution by the EU and/or Swiss Data Protection Authorities to serve as an independent recourse mechanism (IRM) for dispute resolution.

 

27. International Privacy Statements

 

SFAFT BV, an affiliate of the SUBWAY® Group encourages you to view your country’s Privacy Statement at www.subway.com. To view your country’s Privacy Statement please go to:  http://www.subway.com/subwayroot/exploreourworld.aspx.  At the top of the page, please click on CHANGE COUNTRY or REGION, which brings you the EXPLORE OUR WORLD page. To choose your Country click on the Country name, then go to the very bottom of the Country’s page and click the PRIVACY STATEMENT link to view the website Privacy Statement specific to your Country.

 

28.  Changes to Our Privacy Statement

 

SFAFT BV will update this Privacy Statement occasionally. When SFAFT BV posts changes to this Privacy Statement, we will also revise the "LAST REVIEWED" date on this Privacy Statement. If there are material changes to this Privacy Statement, SFAFT BV will notify you by email, or by means of a notice on our home page. SFAFT BV encourages you to review this Privacy Statement periodically to be informed of how SFAFT BV is protecting your Personal Information and to be aware of any changes to our Privacy Statement.  Your continued use of the website after the posting of any amended Privacy Statement shall constitute your agreement to be bound by any such changes.  This Privacy Statement is incorporated into any Terms and Conditions governing the various websites and any programs or services operated or managed on or behalf of SFAFT BV. Any changes to this Privacy Statement are effective immediately after being posted by SFAFT BV.

 

29. Terms and Conditions of Website Use

 

The Terms and Conditions governing your use of this Website located at: https://www.subway.cw/terms-of-use contains important provisions disclaiming and excluding the liability of FWH, the SUBWAY® Group, and its advertising entities, the FAF Group, regarding your use of our Website and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of this website. Each of these provisions applies to any disputes that may arise in relation to this Privacy Statement and the collection, use and disclosure of your Personal Information, and are of the same force and effect as if they had been reproduced directly in this Privacy Statement.