Independent Purchasing Cooperative, Inc.
9200 South Dadeland Boulevard, Suite 800
Miami, Florida 33156
Technical Support: email@example.com
I. General and Express Consent by Accessing Websites
IPC shares information, including Personal Information, with international purchasing cooperatives, including, but not limited to, 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 of the Subway® Franchisees located in the geographical areas as follows: the European Union (EIPC); Latin America and the Caribbean (LACIPC); Australia (IPCA); and the Middle East (MEIPC). EIPC, LACIPC, IPCA and MEIPC are collectively referred to herein as the “Co-op Group”.
IPC shares information, including Personal Information, with 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 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”), 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. FWH, DAI, SIBV, SSA, SFSC, SPCCV, SSB, SSFSA, and SSIPL are collectively referred to herein as the “Subway® Group”.
IPC shares information, including Personal Information, with the following Subway® Group advertising entities: Subway Franchisee Advertising Fund Trust, Ltd. (“SFAFT”), Subway Franchisee Advertising Fund of Canada, Inc. (“SFAFC”), Subway Franchisee Advertising Fund of Australia Pty. Ltd. (“SFAFA”) and Subway Franchisee Advertising Fund Trust B.V. (“SFAFTBV”). SFAFT, SFAFC, SFAFA and SFAFTBV are collectively referred to herein as the “FAF Group”.
All information is collected in a fair and non-intrusive manner, with your voluntary consent, obtained directly from you by IPC, the Co-op Group, the Subway® Group and/or the FAF Group.
D. Consent to Electronic Notice If There is a Security Breach. If IPC or a Recipient is required to provide notice of unauthorized access of certain security systems, you agree that IPC, or the Recipient, may do so when required or voluntarily by posting notice on the Websites or sending notice to any email address IPC or the Recipient has for you, in the good faith discretion of IPC 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.
II. Types of Information IPC Collects
A. Personal Information. Personal Information is defined as any information concerning the personal or material circumstances of an identified or identifiable individual. An identifiable individual 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, home address, home and/or mobile telephone numbers, personal email address, SSN/I.N., financial information such as may be found on credit card applications and financial statements, and employment related information such as may be found on resumes, applications, background verification information or in employment references.
IPC 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. IPC 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 require the use of your SSN/I.N. to access the Websites without additional authentication.
B. Sensitive Personal Information. Sensitive Personal Information includes, but is not limited to: information pertaining to racial or ethnic origin, political affiliation, religious belief, sexual orientation, disabilities, health and veteran status. IPC will never share your Sensitive Personal Information unless you give your explicit consent to share your Sensitive Personal Information.
C. Business Contact Information. Business Contact Information is considered non-Personal Information and, under the laws of the jurisdictions named in Sections X and XII hereof, is not subject to special protection. Accordingly, Business Contact Information can be routinely shared with anyone inside or outside of IPC. Business Contact Information shall include, but is not limited to: business name, business address and business telephone number. To the extent that the laws of other jurisdictions do not so provide, such laws will be identified in Section XV hereof.
III. Collection and Use of Personal Information. IPC collects and uses your Personal Information to operate the Websites for their intended purposes. IPC may collect and use your Personal Information as follows:
A. Personal Information Collected on the Websites. Personal Information is collected on each of the Websites as follows:
1. www.ipcoop.com - Personal Information collected on this Website includes, but is not limited to, Member information such as, name, email, insurance needs, finance needs and other business information, in order to provide services to a Member as a Subway® Franchisee and so that IPC may obtain quotes on these services or products on behalf of the Member. IPC only shares this information with companies from which the Member indicates they would like receive services or products.
2. www.mysubwaycareer.com - Personal Information collected on this Website includes, but is not limited to, employment application related information, such as, name, address, telephone number, mobile phone number, email address, SSN/I.N., job history, and personal references. IPC shares this information with the Subway® Franchisees selected by an employment applicant to review the employment application regarding employment opportunities available at such Subway® Franchisees’ restaurants. IPC may also share this information with third parties, such as credit agencies in order to perform background checks on the employment applicants.
B. Website Visitors.
1. User Name and Password. In order to access the Member or non-public pages on the Websites operated by IPC, a user name and password must be created. IPC does not divulge user names or passwords to anyone internal or external to IPC. Should you need to need to change or remove your user name or password, contact IPC through the website form posted on www.ipcoop.com or directly, as set forth in Section XIII hereof.
2. Email & Mobile Updates. You may have the opportunity to elect to receive email and mobile communications from IPC. IPC will only email you or send you mobile alerts if you elect to receive them. If you elect to receive email and mobile communications, IPC will send you occasional updates about new additions to the Websites 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 IPC, you can revoke your election by clicking the unsubscribe link at the bottom of any IPC email or updating the contact preferences for your account.
3. Contests and Surveys. From time to time, the Websites may feature voluntary contests or surveys, which may request Personal Information, such as your name, address, telephone number and/or e-mail address. IPC will use the information provided solely in connection with the contest or survey conducted.
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, use the options on your internet browser to assist you. The “Help” option on your internet browser may assist you in changing your Cookie preferences. Please note that by disabling Cookies, you may not have access to many features available on the Websites.
5. Internet Protocol (IP) Address. An Internet Protocol (IP) address is associated with your computer’s connection to the internet. IPC may use your IP address to help diagnose problems with IPC’s server, to administer the Websites and to maintain contact with you as you navigate through the Websites. Your computer’s IP address also may be used to provide you with information based upon your navigation through the Websites. IPC does not link IP addresses to any Personal Information.
6. Aggregate Information. To measure the visitors’ interest in, and use of, various areas of the Websites and the various programs that IPC administers, IPC will rely upon aggregate information, which is information that does not identify you, such as statistical and navigational information. With this aggregate information, IPC may undertake statistical and other summary analyses of the visitors’ behaviors and characteristics. Although IPC 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.
IPC also collects aggregate information that IPC does not consider Personal Information concerning the food items purchased and the demographics of Subway® restaurant customers. IPC may share this information with the Subway® Group and the FAF Group to improve product marketing and advertising.
C. Subway® Franchisees and Prospective Subway® Franchisees. IPC collects and uses Personal Information from Subway® Franchisees and prospective Subway® Franchisees in order to provide services to the Subway® Franchisee or prospective Subway® Franchisee. IPC will collect a Subway® Franchisee’s, or prospective Subway® Franchisee’s, Personal Information in a fair and non-intrusive manner, with such Subway® Franchisee’s, or prospective Subway® Franchisee’s voluntary consent. Personal Information collected from Subway® Franchisees and prospective Subway® Franchisees includes, but is not limited to: name, birth date, address, telephone number, facsimile number, email address, password, and SSN/I.N. IPC will also collect a Subway® Franchisee’s store name, address, bank account information for Electronic Funds Transfer, credit card information and other related information necessary for billing purposes, such as the Subway® Franchisee’s mailing address for credit card validation. IPC may collect this information from the Subway® Franchisees directly or IPC may receive it from DAI and/or FWH. If you are a Subway® Franchisee and you do not want IPC to disclose this information, you must notify the Privacy Officer at IPC and, if such information is collected by DAI and/or FWH, you must notify the Privacy Officer at DAI and/or FWH, in writing as set forth Section XIII hereof. Failure to provide the requested Personal Information may negatively impact a Subway® Franchisee’s ability to operate as a Subway® Franchisee or to participate in certain programs that may be mandatory for Subway® Franchisees.
IPC also may use a Subway® Franchisee’s email address to respond to incoming service and support requests from such Subway® Franchisee, to collect Franchisee feedback, to conduct Franchisee satisfaction surveys, to offer promotions to such Subway® Franchisee and to send other service informational mailings. A Subway® Franchisee’s Personal Information also may be used to communicate with the Subway® Franchisee regarding such Subway® Franchisee’s account(s) with IPC, as well as to calculate, determine and distribute the Subway® Franchisee’s patronage dividend check. A Subway® Franchisee’s Personal Information may be provided to a courier or freight forwarder in order to fulfill any order such Subway® Franchisees may have requested from IPC.
D. Prospective Subway® RestaurantEmployees. IPC collects and uses Personal Information from a prospective Subway® restaurant employee in order to facilitate the submission of his or her employment application to the Subway® restaurant(s) that such prospective Subway® restaurant employee selects. IPC collects a prospective Subway® restaurant employee’s Personal Information through such prospective Subway® restaurant employee’s completion of the web based employment application. Personal Information collected from prospective Subway® restaurant employees includes, but is not limited to, employment application related information, such as, name, address, telephone number, mobile phone number, email address, SSN/I.N., job history and personal references. IPC shares this information with the Subway® Franchisee owner of each Subway® restaurant that the prospective Subway® restaurant employee selected to review the employment application regarding employment opportunities available at such Subway® Franchisee’s restaurants. IPC may also share this information with third parties, such as credit agencies in order to perform background checks on a prospective Subway® restaurant employee.
E. IPC Employees. IPC also collects Personal Information from its employees and applicants for employment (human resource data) in connection with administration of its Human Resources programs and functions. These programs and functions include, but are not limited to: job applications and hiring programs, compensation and benefit programs, performance appraisals, training, access to IPC facilities and computer networks, employee profiles, internal intranet employee directories, Human Resource recordkeeping, Affirmative Action data and other employment related purposes.
1. Privacy and Business Related Exceptions. It is the policy of IPC to keep all past and present employees’ Personal Information private from disclosure to third parties. There are certain business related exceptions which include:
a. Compliance with county, state or federal agency requests;
b. Inquiries from third parties with a signed authorization from the employee to release the information, except in situations where limited verbal verifications are acceptable (see below); and
c. Disclosure to third parties with which IPC has contractual agreements to assist in administration of company sponsored benefits.
2. Verifications of Employment. Prospective employers, financial institutions and residential property managers may contact IPC through the Websites requesting information on a former or current employee’s work history and salary. All such requests of this type shall be referred to, and completed on a confidential basis by, the Human Resources Department or Payroll Department.
3. Medical Information. IPC is compliant with federal HIPAA regulations and only utilizes Personal Information related to the company sponsored healthcare plan on a “need to know” basis for administration of the healthcare plan.
F. Election to Limit IPC’s Use of Personal Information. If you do not want IPC to use or share your Personal Information for the purpose of sending you marketing or promotional materials, please contact the IPC Privacy Officer at firstname.lastname@example.org. If you do not want to receive any further emails from IPC you can so elect by means of the “opt-out” or unsubscribe link in the email message. Your request will be handled promptly but you may still receive marketing communications that were already in the process of being sent prior to IPC’s receipt of your request.
IV. Storage, Disclosure and Retention of Personal Information.
A. Storage of Personal Information. IPC uses commercially reasonable efforts to ensure that Personal Information is safeguarded against loss, access, use, modification, disclosure, or misuse. All commercially reasonable steps are taken to prevent the unauthorized use or disclosure of your Personal Information. Personally identifiable information collected by IPC may be stored and processed in the United States or any other country in which IPC or its affiliates, subsidiaries or agents maintain facilities and by using the Websites, you consent to any such transfer of information outside of your country.
C. Retention of Personal Information. IPC 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 the use of your Personal Information for such purposes(s) remains valid after termination of IPC’s relationship with you.
D. Security. IPC endeavors to protect your Personal Information by using physical, electronic or 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 and modification.
The Websites utilize a variety of different security measures designed to protect Personal Information by users both inside and outside of IPC, including the use of encryption mechanisms, such as Secure Socket Layers or SSLs, password protection, and other security measures to help prevent unauthorized access to your Personal Information. This helps maintain the confidentiality, privacy, and integrity of your Personal Information and any transactions or services you may request, initiate and/or perform on the Websites from loss, misuse, interception and hacking.
B. Advertising on other Websites. IPC contracts with third-party advertising companies to advertise products and services on websites which are not operated by or on behalf of IPC. Some of these advertisements may contain Cookies placed by such advertising companies which permit the monitoring of your response to our advertisements. Any such Cookies placed by such advertising companies will not collect Personal Information. IPC limits such non-Personal Information collected by such advertising companies to the sole purpose of providing advertising services to IPC, but IPC does not control such advertising companies.
If you do not want to have your non-Personal Information used as described in this Section VI, change your Cookie settings as described in Section III.B.4 above. Please note that even if you disable Cookies, you may still receive online advertising from IPC, the Co-op Group, the Subway® Group and/or the FAF Group. Disabling Cookies means that the advertisements you do receive will not be based on your likes or preferences.
VII. Children and Data Collection. IPC adheres to the federal privacy protection standards as stated in the Children’s Online Privacy Protection Act (“COPPA”). IPC cares about the safety of children. IPC will not knowingly allow anyone under thirteen (13) years of age to provide IPC 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 over the internet. If a child under thirteen (13) years of age has provided IPC with Personal Information without the consent of a parent or guardian, the parent or guardian of that child should contact the Privacy Officer immediately at email@example.com:firstname.lastname@example.org. IPC will use commercially reasonable efforts to promptly delete such child’s information from its servers.
VIII. California Privacy Rights. Under California law, California residents can now ask companies with whom they have an established business relationship to provide certain information about such companies’ sharing of Personal Information with third parties for direct marketing purposes during the past year.
IPC’s policy is to share your Personal Information for direct marketing purposes only with your informed consent. With your consent, from time to time, IPC may provide share your Personal Information with its subsidiaries and/or affiliates for purposes of marketing relevant services, products and programs to you. If you previously provided IPC with such consent but no longer want your Personal Information to be shared, please contact the IPC Privacy Officer at email@example.com and request a change in your preference and/or opt-out of communications without charge.
X. Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”). Canada has enacted federal privacy legislation, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), which incorporates ten (10) “Fair Information Principles” regarding your Personal Information. IPC adheres to these Fair Information Principles for Personal Information collected and/or transferred from Canada, which are as follows:
Principle 1 - Accountability. An organization is responsible for personal information under its control and shall designate an individual or individuals who are accountable for the organization’s compliance with the fair information principles.
Principle 2 - Identifying Purposes. The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected.
Principle 3 - Consent. The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except where inappropriate.
Principle 4 - Limiting Collection. The collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. Information shall be collected by fair and lawful means.
Principle 5 - Limiting Use, Disclosure and Retention. Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes.
Principle 6 - Accuracy. Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
Principle 7 - Security Safeguards. Personal information shall be protected by security safeguards appropriate to the sensitivity of the Personal Information.
Principle 8 - Openness Concerning Policies and Practices. An organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.
Principle 9 - Individual Access to Personal Information. Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Principle 10 - Challenging Compliance. An individual shall be able to address a challenge concerning compliance with the fair information principles to the designated individual or individuals accountable for the organization’s compliance.
XI. Safe Harbor Compliance. IPC is in compliance with the U.S. Department of Commerce Safe Harbor requirements regarding the transfer of personal information from the European Economic Area and Switzerland to the United States. IPC has been Self-Certified under the Safe Harbor privacy framework as set forth by the U.S. Department of Commerce, European Commission and Switzerland regarding the collection, storage, use, transfer and other processing of personal data transferred from the European Economic Area and/or Switzerland to the U.S., in accordance with the EU Directive on Personal Data Protection. The principles of Safe Harbor compliance are:
Notice - Individuals must be informed that their data is being collected and about how it will be used;
Choice - Individuals must have the ability to opt-out of the collection and forward transfer of the data to third parties;
Onward Transfer - Transfers of data to third parties may only occur to other organizations that follow adequate data protection principles;
Security - Reasonable efforts must be made to prevent loss of collected information;
Data Integrity - Data must be relevant and reliable for the purpose for which it was collected;
Access - Individuals must be able to access information held about them, and correct or delete it if it is inaccurate; and
Enforcement - There must be effective means of enforcing these principles.
Further information regarding the Safe Harbor principles and certification process can be found at www.export.gov/safeharbor.
In addition, the U.S. Department of Commerce maintains a list of all Safe Harbor compliant organizations, which can be accessed at http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list.
XII. Members of the European Union. If you are a resident of a Member State of the European Union and have any concerns or complaints, please first address these issues to the IPC Privacy Officer. IPC is located in the United States, as are the servers that make this Website and most IPC programs and services available. All matters relating to privacy issues and this Website are governed by the laws of the United States and the State of Florida. If the IPC Privacy Officer does not satisfactorily address a complaint within thirty (30) days of receipt of such complaint, any dispute, controversy or claim shall be settled by an arbitration administered by an arbitration agency, such as the American Arbitration Association (“AAA”). All arbitrations will be conducted in English. Judgment rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitration will be borne equally by the parties. Miami, Florida, U.S.A. shall be the site of all hearings, and such hearings shall be before a single arbitrator. You may also submit complaints to the Federal Trade Commission at http://www.ftc.gov/ftc/complaint.htm or via phone at (202) 382-4357.
XIII. Contact Information. If you have any questions or complaints, or you wish to access, correct or delete your Personal Information, please contact the IPC Privacy Officer. The IPC Privacy Officer can be reached by telephone at: 1-888-445-9239; by Facsimile at: (305) 670-4465; by email at firstname.lastname@example.org; or by mail at Independent Purchasing Cooperative, Inc., 9200 South Dadeland Boulevard, Suite 705, Miami, FL 33156, Attention: Privacy Officer. If necessary, the Privacy Officer will contact another employee to assist in completing your requested task.
If you need to contact DAI’s Privacy Officer, the DAI 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 email@example.com; or by mail at Doctor’s Associates Inc., 325 Bic Drive, Milford, CT, 06461, USA.
If you need to contact FWH’s Privacy Officer, the FWH Privacy Officer can be reached by telephone at: (203) 877-4281; by Facsimile at:(203) 783-7479; by email at firstname.lastname@example.org; or by mail at Franchise World Headquarters, LLC, 325 Bic Drive, Milford, CT, 06461, USA.
XV. Changes and/or Modifications Required by the Laws of Other Jurisdictions.
Reserved for future use.
Revised - December 5, 2012