WWW.TELLSUBWAY.CO.UKSurvey

VPS PRIVACY POLICY


Value Pay Services, LLC
9200 South Dadeland Boulevard, Suite 800
Miami, Florida 33156
Telephone: 1-888-445-9239
Technical Support: webmaster@ipcoop.com

I. Scope of This Privacy Policy

Value Pay Services LLC (“VPS”) is the host of www.tellsubway.com, tellsubway websites at other top level domains, and related mobile applications (the “Websites”). VPS is a wholly owned subsidiary of Independent Purchasing Cooperative, Inc. (“IPC”), an independent non-profit purchasing cooperative which is owned by and provides services to the SUBWAY® Franchisees around the world (the “SUBWAY® Franchisees”).

This Privacy Policy discloses how VPS collects, protects, uses, and shares Personal Information, gathered about you. VPS shares such information with IPC and other SUBWAY®-related entities and service providers for the purpose of furthering the business of the SUBWAY® line of restaurants (the “SUBWAY® Restaurants”).

II. General and Express Consent Regarding Information

A. General Consent. VPS respects the privacy of users of its Websites and visitors to the SUBWAY® Restaurants, whether or not as customers or SUBWAY® Franchisees. VPS collects information in a fair and non-intrusive manner, and recognizes the need for appropriate protections and management of the information that you provide. VPS has adopted, implemented, and conducts its business pursuant to this Privacy Policy in order to assist you in understanding what types of Personal Information VPS may collect, how that information may be used, and with whom the information may be shared. This Privacy Policy applies to all information gathered by or on behalf of VPS, whether in writing, verbally, or electronically, or through the Websites.

BY SUBMITTING PERSONAL INFORMATION TO VPS, AND/OR BY ACCESSING AND USING THE WEBSITES, YOU AGREE THAT VPS MAY COLLECT, STORE, USE, AND TRANSFER YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY OR AS PERMITTED OR REQUIRED BY APPLICABLE LAW. IF YOU DO NOT CONSENT TO THE COLLECTION, STORAGE, USE, OR TRANSFER OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY, YOU SHOULD NOT SUBMIT PERSONAL INFORMATION TO VPS OR ACCESS OR USE THE WEBSITES.

If you have questions about this Privacy Policy or the protection of your information, or wish you withdraw your consent or exercise any of your data protection rights at any time, please contact the VPS Privacy Officer as set out in Section X below.

B. Consent to Share and Disclose Information. By submitting Personal Information to VPS, and/or by accessing and using the Websites, you expressly consent to VPS sharing your Personal Information as follows:

VPS shares Personal Information with the following SUBWAY®-related entities and third-party agents or service providers who perform functions on our behalf:

(1) IPC and members of the IPC Group;

(2) SUBWAY® international purchasing cooperatives that are owned by SUBWAY® Franchisees and which provide services to the SUBWAY® Franchisees (“Co-op Group”);

(3) the franchisor of the SUBWAY® line of restaurants, Doctor’s Associates Inc. (“DAI”) and Franchise World Headquarters LLC (“FWH“), which provides core business-related services to DAI (“SUBWAY® Group”); and

(4) SUBWAY® Group advertising entities that are members of the Subway Franchisee Advertising Fund (“FAF Group”).

All of these entities are “Third Parties”.

In addition, VPS may also share Personal Information with companies that provide support services to it, such as credit card processors, mailing houses, web hosts, technical support providers, fulfillment centers, or other service providers, as well as companies involved in enforcing or investigating transactions or business operations, because these companies may need information about you in order to perform their functions. VPS limits the use of information shared with these companies to the purpose for which VPS hired them, but VPS does not control these companies. These companies are “Service Providers”. In this policy, both Service Providers and Third Parties are “Recipients”.

C. Consent to International Data Transfers. VPS and the Recipients are multi-national entities with operations throughout the world. In order for those entities to be able to provide you with suitable goods, services, and promotions, you expressly consent to your Personal Information being transferred and disclosed internationally, including within and outside the European Union. Some of these jurisdictions may have laws that provide less protection to your Personal Information than the laws in your own jurisdiction. VPS will ensure that any transfer or disclosure of Personal Information to or within such jurisdictions is in compliance with applicable law.

D. Consent to Electronic Notice If There is a Security Breach. If VPS or a Recipient is required or wishes to provide notice of unauthorized access of their data security systems or unauthorized or unlawful access to, or processing of your Personal Information, you agree that VPS and/or the Recipient may do so by posting notice on the Websites or sending notice to any email address which VPS or the Recipient has for you.

III. Types of Information

A. Personal Information. The term “Personal Information,” means any information concerning an identified or identifiable individual.

B. Sensitive Personal Information. The term “Sensitive Personal Information,” includes, but is not limited to, information revealing racial or ethnic origin, political opinions, religious or philosophical belief, trade union membership, sexual orientation, disabilities, health and veteran status.

IV. Collection and Use of Personal Information.

VPS collects and uses your Personal Information in a fair and non-intrusive manner, as set forth in this section.

A. Personal Information Collected on the Website. Personal Information collected on this Website includes email address, birth date and survey feedback related to your experiences in SUBWAY® restaurants, purchase history and any Website use. VPS shares this information with the Co-op Group, the SUBWAY® Group, and the FAF Group for marketing purposes if you elect to receive communications.

B. Other Details Relating to Website Use.

  1. Email & Mobile Updates. You may have the opportunity to elect to receive email and mobile communications from VPS and the FAF Group. VPS and the FAF Group will only email you or send you mobile messages or alerts if you elect to receive such communications. If you elect, VPS and/or the FAF Group will send you occasional updates about new additions to the Websites as well as special offers and promotions which you can take advantage of. If at any time you decide you would rather not receive these types of communications from VPS or the FAF Group, you can revoke your election by clicking the unsubscribe link at the bottom of any VPS or FAF Group email, by updating the contact preferences for your account (if you have one), or you may opt-out of mobile messages or alerts by following the instructions provided in the messages you receive. You may also opt out by contacting and providing your details to the Privacy Officer as set out in Section X below.

  2. Contests and Surveys. From time to time, VPS may run voluntary contests or surveys through the Websites. Those contests or surveys may request Personal Information with your response, such as your email address and birth date. VPS and the FAF Group will use the information provided solely in connection with the contest or survey conducted.

  3. Cookies – Internet User. “Cookies” are pieces of information that a website sends to an individual’s computer or other electronic device which allow the website to identify users and make their visits to the website more productive. VPS uses Cookies to help improve your future visits to the Websites and to deliver advertisements to you that are based on your likes and preferences as described in Section VII below.

    The table below explains the cookies we use and why.

    Cookie
    Name
    Purpose
    Google Analytics
    _utma
    _utmb
    _utmc
    _utmz
    These cookies collect information in an anonymous form including the number of visitors to the site, how visitors reached the site and the pages visitors have visited.
    Load Balancing
    BIGipServer and TS01
    These cookies enables us to balance the workload by, for example, recording which server a user’s browsing session has been allocated to ensure they only deal with a single server for the duration of their session.
    Session ID
    ASP.NET Session ID
    These cookies help us recognize a visitor’s language preference.

    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 disable all Cookies, you can adjust your internet browser settings to accomplish that. Please note that by disabling Cookies, you may not have access to some features available on the Websites.


  4. Internet Protocol (IP) Address. Every computer and other electronic device which has a connection to the internet has an Internet Protocol (IP) address associated with it. VPS may use your IP address to help diagnose problems with VPS’s server, to administer the Websites, and to maintain contact with you as you navigate through the Websites. Your device’s IP address also may be used to provide you with information based upon your navigation through the Websites. VPS may employ anti-fraud device fingerprinting technology which uses IP addresses to determine a device’s geolocation in connection with any contests or surveys carried out through the Websites.


C. Customers of SUBWAY® Restaurants. VPS may collect and use Personal Information from SUBWAY® Restaurant customers in order to provide services to such customers.

D. Sensitive Personal Information. VPS does not intend to collect Sensitive Personal Information and will not share your Sensitive Personal Information with anyone unless you give your explicit consent.

V. Storage, Disclosure, and Retention of Personal Information.

A. Storage, Security, and Integrity of Personal Information. VPS uses commercially reasonable efforts to ensure that your Personal Information is safeguarded against loss, misuse, unauthorized access, disclosure, alteration, and destruction. VPS endeavors to protect your Personal Information by using physical, electronic, and procedural security measures appropriate to the sensitivity of the information in its control. These measures include safeguards to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, modification, and destruction.

VPS safeguards your Personal Information on the internet by using industry-standard practices. While guaranteed security does not exist either on or off the internet, VPS takes commercially reasonable steps to make the collection and security of such information consistent with this Privacy Policy and all applicable law.

The VPS-hosted Websites utilize a variety of different security measures designed to protect Personal Information, including the use of encryption mechanisms, such as Secure Socket Layers or SSLs, password protection, and other security measures to help prevent unauthorized use of your Personal Information.

VPS also takes commercially reasonable steps to ensure that any Personal Information collected is relevant for the purposes for which it is to be used, and is accurate for its intended use.

B. Disclosure of Personal Information. VPS and the Recipients will not disclose your Personal Information to any third party except as described in this Privacy Policy, unless you request or otherwise consent to such disclosure, or unless VPS or a Recipient in good faith determines that such disclosure is required or authorized by law applicable to VPS or the Recipient or is necessary to: (a) comply with legal process served on VPS or the Recipients; (b) protect or defend the rights or property of VPS or the Recipients; or (c) act under expedient circumstances to protect the personal safety of VPS employees, SUBWAY® Franchisees, Website users, and/or other members of the public.

C. Retention of Personal Information. VPS and the Recipients 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 law. Unless withdrawn by you, your consent to VPS’s and the Recipients’ use of your Personal Information for such purposes(s) remains valid after termination of VPS’s relationship with you.

VI. VPS Websites and Third Party Websites.

For your convenience, VPS may include on the Websites links to other websites. VPS provides these links as a convenience only and does not endorse the content or services offered by, or the privacy policies in place at, those other websites. This Privacy Policy only applies to information gathered by or on behalf of VPS through the Website or otherwise, and does not apply to information gathered through linked websites not operated by or on behalf of VPS, which have their own privacy policies. VPS has structured the Websites to make it reasonably clear when you leave a Website and enter another website. VPS encourages you to review the privacy policy of each website you visit through a link from the Websites, to ensure you are comfortable with such policy, as it may differ substantially from this Privacy Policy. VPS is not responsible for the conduct or policy of any third party which operates a linked website.

VII. Online Predictive Advertising.

VPS advertises products and services on the Websites. Such advertisements may be in the form of banner advertisements, splash advertisements or other formats. By submitting Personal Information to VPS, or accessing and using the Websites, you consent to VPS and the FAF Group using Personal Information collected from you, such as your past browsing history, to deliver advertisements to you that are more directed towards your own likes and preferences. Such information is collected through the use of Cookies as described in Section IV.B above.

  1. Advertising on our Websites. VPS and the FAF Group use third-party advertising service providers to help determine the advertisements that are most likely to be of interest to you. In order to accomplish that, VPS and the FAF Group share with such advertising service providers Personal Information collected through the Websites via the use of Cookies. VPS and the FAF Group provide such information to advertising service providers for the sole purpose of enabling such service providers to provide advertising services to VPS and the FAF Group. VPS and the FAF Group limit the advertising service providers’ use of such information to such purpose, but VPS and the FAF Group do not control such service providers.

  2. Advertising on other Websites. VPS and the FAF Group also contract with third-party advertising companies to advertise products and services on websites which are not operated by or on behalf of VPS. Some of these advertisements may contain Cookies placed by such advertising companies which permit the monitoring of your response to such advertisements. VPS and the FAF Group authorize the advertising companies to collect Personal Information via Cookies for the sole purpose of providing advertising services to VPS and the FAF Group. VPS and the FAF Group limit the advertising companies’ use of such information to such purpose, but VPS and the FAF Group do not control such advertising companies.

  3. Electing Out of Online Predictive Advertising. If you do not want to have your Personal Information used as described in this Section VII, change your Cookie settings as described in Section IV.B above. Please note that even if you disable Cookies, you may still receive online predictive advertising. Disabling Cookies means that the advertisements you do receive will not be based on your likes or preferences.

VIII. Children and Data Collection.

VPS will not knowingly allow anyone under thirteen (13) years of age to provide VPS with any Personal Information. Children under thirteen (13) years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves to the Websites. If a child under thirteen (13) years of age has provided VPS with Personal Information without the consent of a parent or guardian, the parent or guardian of that child should contact VPS’s Privacy Officer at privacyofficer@ipcoop.com. VPS will use commercially reasonable efforts to promptly delete such child’s Personal Information from its servers.

IX. International Data Transfers.

VPS may store or process your Personal Information in the U.S. and/or other countries. By submitting Personal Information to VPS, or accessing and using the Websites, you consent to the transfer of your information to other countries. Those countries may not have laws which protect Personal Information to the same extent as the country in which you initially provided the Personal Information. When VPS transfers your Personal Information to other countries, VPS will ensure that such Personal Information is protected as described in this Privacy Policy, in accordance with applicable law.

IPC and VPS’s privacy practices are consistent with U.S. Department of Commerce Privacy Shield requirements regarding the collection, storage, use, and transfer of personal information from the European Economic Area, and it is certified under the Privacy Shield Framework, for more information please see our Privacy Shield Statement.

X. Contact Information.

If you have any questions or complaints about VPS’s privacy practices, or you wish to access, correct, or delete your Personal Information, please contact the VPS Privacy Officer. The VPS Privacy Officer can be reached by mail, telephone, facsimile, or email, as follows:

VPS Privacy Officer
Value Pay Services LLC
9200 South Dadeland Boulevard, Suite 800
Miami, FL 33156
Telephone: (305) 670-0041
Facsimile: (305) 670-4465
Email: privacyofficer@ipcoop.com

The VPS Privacy Officer will endeavor to investigate and attempt to resolve any complaints within 45 days.

XI. Changes to This Privacy Policy.

VPS will update this Privacy Policy occasionally. When VPS posts changes to this Privacy Policy, It will also update the “Revised” date below. If VPS makes material changes to this Privacy Policy, VPS will notify you by email or by means of a notice on the Websites describing the material changes. VPS encourages you to review this Privacy Policy periodically to be informed of how VPS is protecting your information and to be aware of any changes to the Privacy Policy. Any changes to this Privacy Policy are effective immediately upon being posted to the Websites. Your continued use of the Websites after the posting of any revised Privacy Policy shall constitute your agreement to be bound by any such changes.

XI. Changes and or Modifications Required by the Laws of Other Jurisdictions. Reserved for future use.

Revised September 30, 2016

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