Subway Franchisee Advertising Fund Trust Ltd. (“SUBWAY®”) knows how important your privacy is to you and we are committed to collecting, using and disclosing personal information responsibly and only to the extent necessary for the services we provide. We comply with the Personal Information Protection and Electronic Documents Act ("PIPEDA") which requires us to provide this policy to you on request.
Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a physical address, financial information and opinions expressed by an individual. As defined, "personal information" means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.
Please note this privacy statement only relates to this website "www.freshenergy.ca" . Please review the privacy statement at any Web site requesting personal information to signup or contact them.
1. What this policy covers
This policy explains how we collect, use and safeguard the personal information you provide to us to assist you in making informed decisions when using our services.
2. Information collection and use
When we collect personal information from you, we wish you to be aware of the following:
who we are and how to contact us:
Name: SUBWAY® c/o Allard Johnson
Telephone: 1.800.888.4848
Fax: 1.514.875.7736
Email: subwaywebsite@allardjohnson.com
that SUBWAY® collects your personal information to:
Subway.com Locations Feedback Privacy Policy
i. enter you in the contest; and
ii. provide entrants, at their option, to receive email(s) from the Contest Sponsor or the
Contest Sponsor’s agent(s) relating to SUBWAY® promotions and activities.
Our organization will not sell or disclose your personal information to third parties, unless specifically authorized by you or as required by law.
This Web site collects non-personal information such as your network location (IP address), the pages you visit, time of visit, your operating system and browser, in order to generate website traffic reports.
This Web site includes forms where you can voluntarily provide us with personal contact information so that we may follow up with you.
3. Our organization's obligations
Pursuant to PIPEDA, this website meets our obligations with respect to the collection, use and/or disclosure of personal information by taking the following steps:
a. Accountability
i. information is restricted to the listed administrative contact and protected via
appropriate hardware and software;
ii. the Information Officer in all matters related with this contest can be contacted at:
subwaywebsite@allardjohnson.com regarding compliance with PIPEDA;
iii. our staff are aware of our policies and practices regarding personal information.
b. Identifying purposes
We have identified the purposes for which we collect personal information in section 2 above. We require the consent of our clients/customers prior to using their personal information for any purpose other than that for which it was originally collected.
c. Consent
Our organization is committed to ensuring that you are aware of how your personal information is used and that you have consented to provide this information. Where required by law we may disclose personal information without your knowledge and consent.
d. Limiting collection
Our organization collects personal information to fulfill the purposes stated in section 2
above. We collect personal information only by lawful and fair means.
e. Limiting use, disclosure and retention
Our organization does not use and/or disclose your personal information for purposes other than those for which it was collected, unless it has first obtained your consent. We retain your personal information for some period in order to answer any questions you may have about the services we provided to you.
f. Accuracy
Our firm is committed to maintaining accurate, complete, and up-to-date personal information. If during the course of the business relationship, any of your information changes, please inform us so that we can make any necessary changes or use our website forms to update the information.
g. Safeguards
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, technological and organizational measures to safeguard and secure the information we collect.
h. Openness
Through this privacy policy we provide information about our organization's policies and practices regarding the collection, use and/or disclosure of personal information held by us.
i. Individual access
You may request access to your personal information held by us. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access.
j. Challenging compliance
If you wish to make a formal complaint about our privacy practices, you may make it in writing to our Information Officer. We are committed to resolving disputes in a timely manner. We will investigate your complaint and respond via email, fax or telephone.
4. Contact information
The Information Officer, in all matters related with this contest can be contacted at:
subwaywebsite@allardjohnson.com or Tel. 1.800.888.4848 Fax: 514.875.7736 regarding compliance with PIPEDA;
5. General Inquiries
For general inquiries about privacy legislation and policies in the private sector, you may contact:
The Office of the Privacy Commissioner of Canada
112 Kent Street, Ottawa, Ontario K1A 1H3
Telephone: 1 (613) 995-8210
Toll-free: 1 800 282-1376
Fax: 1 (613) 947-6850
Web site: www.privcom.gc.ca
6. Changes to Privacy Policy
Our organization reserves the right to change this policy from time to time.
SUBWAY® is a registered trademark of Doctor's Associates Inc.
© 2009 Doctor's Associates Inc.
Terms and conditions
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
Last revised: August 18, 2009
AGREEMENT By accessing, browsing, downloading from or otherwise using www.subway.ca and/or any other website (collectively, “Site”) that is owned operated, licensed, or controlled by Doctor's Associates Inc. (“us”, “we” or the “Company"), you signify that you have read, fully understand and agree to be legally bound by these Terms and Conditions ("Agreement") and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT, THEN YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE. We suggest you print a copy of this Agreement for your records. We reserve the right, in our sole discretion, to change, add or delete portions of this Agreement at any time without further notice or liability. If we do this, we will post the changes on the Site and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the revised Agreement. It is your responsibility to regularly check the Site to determine if there have been any changes to this Agreement and/or the DAI Privacy Policy and to review such changes. You hereby acknowledge and agree that Company reserves the right at any time to modify or discontinue the whole, or any part of, the Site, without notice to you, and that Company will not be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
RESTRICTIONS ON USE Company, and applicable third parties, hold all right, title, and interest in and to any and all content provided by Company for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs and software (collectively, “Content”). You hereby acknowledge that the Content is protected by copyright, trade-mark, and other applicable intellectual property laws. Any rights not expressly granted to you in this Agreement are reserved by Company. Your use of the Site does not grant or transfer to you any ownership or other rights in the Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of Company’s or any third party’s intellectual property rights, including, without limitation, any right to copy, download, display, reproduce, distribute, modify, edit, alter or enhance any of the Content in any manner. Any rights not expressly granted to you in the Terms of Use are reserved by Company. For greater certainty, Content may not be copied, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal Web browsing without prior written consent of the Company Exception For SUBWAY¯ franchisees: If you are a SUBWAY¯ franchisee, one copy of any pertinent documents to the operation of your restaurant, may be downloaded on a computer, diskette, CD or DVD for use within the scope of your operation of a SUBWAY¯ sandwich restaurant only as provided for in your Franchise Agreement, provided that you do not alter and/or delete any service marks, trade-marks, trade names, logos, or other proprietary rights and interests. Any proprietary information remains sole property of Company, and may not be distributed outside the scope of your operation of a SUBWAY¯ restaurant. Content is provided for lawful purposes only and any other use or modification of the materials found in or on the Site violates the intellectual property rights of Company. Any material that is downloaded from our site, including but not limited to files, data and images, will be deemed to be licensed to you by the Company. The Company retains full and complete title and intellectual property rights to all Content. You may not reproduce, sell, repost, modify, or convert any Content in any manner inconsistent with the terms and conditions of this Agreement.
USER CONTENT Certain features of the Site may permit you to upload, post or otherwise transmit content (the “User Content”). You hereby agree that you shall not use the Site to upload, post, communicate or otherwise transmit through, or to, the Site any User Content that: i. is unlawful, libellous, discriminatory, hateful, rude, obnoxious, abusive, threatening, harmful, obscene, offensive, or otherwise objectionable (all as determined by the Company in its sole discretion); ii. contains web links to any third party web site; iii. contains any commercial products (other than those of the Company) and/or their trade-marks, brands, logos or endorsements; iv. is disparaging or might be seen to be disparaging to the Company or its products; v. infringes or might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; or vi. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and Further, you hereby agree that you shall not use the Site to: i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site; the Company’s computer systems, servers or networks; or the passwords of other users; ii. collect information about others without their consent; or iii. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available. You hereby grant to Company a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to use, copy, reproduce, adapt, transmit, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) you post on, upload or otherwise submit to, the Site. You hereby acknowledge and agree that Company does not generally screen or edit User Content, but reserves the right (though we have no duty) to monitor or to remove, without notice, any User Content on the Site, in our sole discretion. You hereby agree to indemnify, defend and hold harmless the Company and its owners, affiliates, business partners, directors, officers, employees and agents from any loss, liability, claim, demand, damage or expense asserted by any third party relating in any way to, or in connection with, your: (a) violation of this Agreement, (b) use of the Site, or (c) placement, posting or transmission of any User Content on or through the Site.
DISCLAIMER AND LIMITATION OF LIABILITY Company does not make any guarantee as to the accuracy of the Site and/or any Content. We reserve the right to make changes or corrections to the Site, Content and/or this Agreement from time to time without notice or obligation. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND; ANY WARRANTY, EXPRESS OR IMPLIED, IS HEREBY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL CONTENT IS PROVIDED ON AN "AS IS" and "WITH ALL FAULTS" BASIS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) YOUR USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; OR (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON. IT IS UNDERSTOOD AND AGREED THAT, EXCEPT WHERE PROHIBITED BY LAW, COMPANY'S LIABILITY AND YOUR SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE AMOUNT THAT YOU PAID TO ACCESS THIS SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, INJURY OR DAMAGES RESULTING FROM USE OF THIS SITE, DAMAGE TO OR LOSS OF EQUIPMENT, ANY INTERRUPTIONS, DEFECTS, DELAYS, OMISSIONS, OR FAILURE OF TRANSMISSIONS, COMPUTER VIRUS, OR FAILURE TO CONNECT, EVEN IF THE COMPANY HAS BEEN NEGLIGENT OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. YOU EXPRESSLY ACKNOWLEDGE THAT COMPANY HAS ENTERED INTO THIS AGREEMENT WITH YOU, AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
TRADE-MARKS The following trade-marks are registered to Doctor's Associates Inc. and Subway Systems of Canada Ltd. in the U.S.A. and other countries: SUBWAY, SUBWAY Sandwiches and Salads, the SUBWAY logo, B.M.T., SUB CLUB, KIDS PAK, THE FRESH ALTERNATIVE, SANDWICH ARTIST, SUBWAY MELT, VEGGIE DELITE, SUBWAY Seafood & Crab, SACK OF SUBS, SUBWAY MY WAY!, SUBWAY CLUB, and FRUIZLE. These and any other marks associated with the SUBWAY¯ Franchise System, are the sole property of Doctor's Associates Inc. and Subway Systems of Canada Ltd. No license to use any of these marks is given or implied. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way (except as an integral part of an authorized copy of material appearing on the Site, as set forth above in "Restrictions on Use") without prior written permission of Doctor's Associates Inc. and Subway Systems of Canada Ltd.
LINKS TO THIRD PARTY SITES The Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under our control and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any Linked Site by Company.
GOVERNING LAW This Agreement, your use of the Site, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, your use of the Site and any related matters.
GENERAL If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provisions of this Agreement.
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