SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES Privacy Statement

DATE:  October 10, 2016

Subway Franchisee Advertising Fund Trust Ltd. (“SFAFT”) on behalf of Market #039-0 is the Sponsor (“SPONSOR”) of the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES (“SWEEPSTAKES”) located at: http://www.gofitforlife.com/.  Whereas SFAFT on behalf of Market #039-0 is the Sponsor of the Sweepstakes, the Administrator (“Administrator”), The Summit Group (“TSG”) located at: http://www.summitslc.com/, is running and administering the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES. 

The Administrator, Sponsor, and third-party service providers value your privacy and want to give Eligible Entrant the opportunity to know what Personal Information is collected about Eligible Entrant, that Eligible Entrants Personal Information is protected, used, disclosed, and otherwise managed in conformance with all applicable law. This Privacy Statement applies to the collection of Personal Information solely in connection with the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES. 

In an effort to comply with the law and our commitment to protect your Personal Information, SFAFT on behalf of Market #039-0 encourages you to review the Privacy Policy of Administrator, TSG, and third-party service provider, Customer Portfolios, LLC’s (“CP”), which discloses each individual companies full privacy practices and procedures.  For your convenience, SFAFT on behalf of Market #039-0, has provided TSG and CP’s Privacy Policy links below: 

TSG:  http://www.summitslc.com/privacy.html

CP:  http://www.customerportfolios.com/privacy-policy/#privacy 

The SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES Privacy Statement does not govern the privacy practices and procedures of independently owned and operated SUBWAY® Restaurants. Nor does the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES Privacy Statement govern the Personal Information handling practices and procedures of its affiliates, the FAF Group, including but is not limited to: SFAFT.  The FAF Group administers national and local advertising funds and activity for SUBWAY® restaurants and SUBWAY® franchisees worldwide.  The SUBWAY® Group, an affiliate of the FAF Group, includes, but is not limited to: Franchise World Headquarters LLC (“FWH”) and Doctor’s Associates Inc. (“DAI”).  FWH operates as a service-oriented company for and on behalf of the SUBWAY® System worldwide by providing core business related services to the SUBWAY® franchising entities.  DAI owns and licenses the SUBWAY® trademark and SUBWAY® Restaurant System in order to develop SUBWAY® restaurants worldwide to its affiliates within the SUBWAY® group. DAI is the franchisor licensed to sell SUBWAY® restaurants in the USA.  

SFAFT on behalf of Market #039-0 encourages you to review its affiliates, FWH and DAI’s, respective Privacy Statements which disclose each company’s privacy practices and procedures.   For your convenience, SFAFT   on behalf of Market #039-0 has provided links to FWH and DAI’s individual Privacy Statements, as well as, the SUBWAY® Privacy Notice which includes the individual SUBWAY® Group franchisor Privacy Statements located at:  

FWH:  http://www.subway.com/subwayroot/PrivacyPolicy-FWH.aspx

DAI:  http://www.subway.com/subwayroot/PrivacyPolicy-DAI.aspx

PRIVACY NOTICE: http://www.subway.com/subwayroot/privacyNotice.aspx 

To find out more about SFAFT’s privacy practices and procedures, please see our Privacy Statement located at: http://www.subway.com/subwayroot/PrivacyPolicy-SFB.aspx, which discloses SFAFT’s full privacy practices and procedures. 

Introduction: 

SFAFT on behalf of Market #039-0’s role in the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES is limited to prize provider and promoter of the Sweepstakes. TSG is an agency that assists other businesses in promoting its products and services, including operating contests, sweepstakes, and promotions. Specifically, SFAFT on behalf of Market #039-0 hired TSG to run and administer the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES.  TSG’s role is limited to the drafting and posting of the rules, hosting the Sweepstakes website, and contacting the schools regarding participation in the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES.  SFAFT’s third-party service provider CP, may send Eligible Entrant opt-in information or materials specifically requested by Eligible Entrant at the time of entering the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKESThe SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES gathers Personal Information from those individuals who choose to enter the Sweepstakes and may also gather anonymous data regarding the Sweepstakes itself. SFAFT on behalf of Market #039-0, TSG, and CP, take its privacy obligations both to its clients and to the Eligible Entrants who enter this Sweepstakes very seriously. The SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES gathers Personal Information from Eligible Entrants who choose to enter the Sweepstakes. SFAFT on behalf of Market #039-0, TSG, and CP, take our privacy obligations both to our customers and Eligible Entrants who choose to enter the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKESvery seriously and will take all reasonable steps to protect Eligible Entrants Personal Information which may be in our control. 

Purpose 

This Privacy Statement outlines the treatment of Personal Information collected from Eligible Entrants solely in connection with the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES. 

Personal Information Collected 

The Administrator and/or the Sponsor may collect Personal Information, which may 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.  This Personal Information is only collected when volunteered by the Entrant.  Upon entering your Personal Information for the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES, you may have the opportunity to Opt-in (which requires Eligible Entrant’s express consent) and receive specific information or materials, such as, a coupon, newsletter, informational materials, marketing communications, or other special promotions or offers, from the FAF Group, the SUBWAY® Group, or our third party service provider (located in the United States of America), who 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. 

Non-Personal Information

The Administrator and/or the Sponsor may also collect Non-Personal Information, such as Internet Protocol (IP) addresses, "cookies," and Internet tags and navigational data (server log files). "Cookies" are small pieces of information that are stored by your web browser software on your computer's hard drive or temporarily in your computer's memory. The use of cookies is now an industry standard and users will find them on most major websites. The Administrator and/or the Sponsor may place and store Internet cookies on the Eligible Entrants hard drive. Cookies can save any of the types of information noted above.  Although most web browsers are initially set up to accept cookies, if you prefer, you can decline the placement of a cookie on your hard drive by using the appropriate feature(s) of your web browser software (if available) to delete the cookie. The Sweepstakes website, however, requires cookies to be enabled to participate. 

Mobile Information 

The Administrator and/or the Sponsor use 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, Instagram and Facebook. If you post updates to or receive updates from, and other social networking websites, during the Sweepstakes 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, Instagram and Facebook, are governed by the privacy practices of those websites. Neither, the Administrator and/or the Sponsor, captures or stores your login information or any other Personal Information for Twitter, Instagram, Facebook, and any other social networks, however, session information or cookies may be stored on your wireless phone, by their websites. 

Social Media 

Please note, if the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES is being run via a Social Media Platform(s) such as, but not limited to: Facebook, Instagram, Pinterest, Twitter, etc., all Eligible Entrants acknowledge that the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES is in no way sponsored, endorsed, administered by, or associated with the Social Media Platform(s) and to the full extent permitted by law, the Social Media Platform(s) will not be liable to any Entrant in respect to any claim whatsoever including, but not limited to: any loss, damage or injury, or for any physical or mental injury suffered by any Entrant for any reason, as a result of, or in connection with the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES. 

Special Note about Children 

The SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES is not targeted towards children under the age of thirteen (13). We do understand that children may try to enter the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES and in so doing may voluntarily provide us Personal Information. If you are a child under the age of thirteen (13), PLEASE DO NOT submit any Personal Information for this Promotion.  If you still choose to enter the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES, the Administrator and the Sponsor ask you not to enter the Promotion without getting permission from your parent(s) or guardian(s) first. 

Children’s privacy is very important to the Administrator and Sponsor.  SFAFT on behalf of Market #039-0, 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. The Administrator and/or Sponsor 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 the Administrator and/or Sponsor with Personal Information without the consent of a parent, we ask the parent of that child to contact TSG’s Privacy Officer immediately at: eastmifitforlife@summitslc.com, or SFAFT on behalf of Market #039-0, Privacy Officer at: fafprivacyofficer@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. 

By entering the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES, each entrant (if a minor, Eligible Entrants parent/legal guardian) agrees to the publication, reproduction and/or other use of his/her name, address, voice, image, statements about the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES, photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor, solely regarding the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES, including, but limited to: print, broadcast, the internet (including social media), and on the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES winners’ list.  By participating, in the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES, Eligible Entrant (if a minor, Eligible Entrants parent/legal guardian) agrees to the SUBWAY® FIT FOR LIFE CHALLENGE SWEEPSTAKES Privacy Statement located at:  http://www.gofitforlife.com/privacy and Official Rules located at:  http://www.gofitforlife.com/

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 policy) 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. 

TSG’s Security

TSG endeavors to protect your Personal Information 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. TSG safeguards your Personal Information on the Internet by using industry-standard practices. Although "guaranteed security" does not exist either on or off the Internet, TSG makes commercially reasonable efforts to make the collection and security of such information consistent with its Privacy Policy and all applicable laws and regulations.  TSG maintains physical, electronic and procedural safeguards as appropriate to safeguard your Personal Information. 

SFAFT’s Security

SFAFT endeavors 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, 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 Personal 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. 

TSG’s Storage, Retention, and Accuracy of Personal Information

TSG ensures that Personal Information is safeguarded against loss, access, use, modification, disclosure or other misuse. All reasonable steps are taken to prevent unauthorized use or disclosure of your Personal Information. 

TSG may retain the Personal Information of all Eligible Entrants for up to 2 years subject to all applicable laws governing the use and retention of such Personal Information. TSG will then destroy all Personal Information in its possession that was collected in connection with this SWEEPSTAKES. 

TSG takes all reasonable steps to ensure that your Personal Information is accurate, up to date, complete, relevant and not misleading. 

SFAFT’s 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 takes all reasonable steps to insure that your Personal Information is accurate, up-to-date, complete, relevant and not misleading.  SFAFT 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 may store your Personal Information in its databases located in the United States and/or other countries outside of the United States. Additionally, some of our service providers may be located in the United States or other countries outside of the United States 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. 

TSG’s Access, Control and Update Personal Information

You may contact TSG’s Privacy Officer to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact another individual to assist in completing your requested task.   We want to be sure that we keep only the most accurate and up-to-date Personal Information in our records.   You can email us at: eastmifitforlife@summitslc.com  to update your contact information.  To protect your privacy, we will take reasonable steps to help verify your identity before granting access or making changes. 

SFAFT’s Access, Control and Update Personal Information

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

TSG’s Contact Information

If you have any questions or concerns, please contact TSG’s Privacy Officer as follows: 

Privacy Officer
The Summit Group
117 W. 400 S.
Salt Lake City, UT 84101
Telephone: (801) 595-1155
Facsimile:  (801) 595-1165
Email Address:  eastmifitforlife@summitslc.com    

SFAFT’s Privacy Officer Contact Information 

If you have any questions or concerns, please contact SFAFT’s Privacy Officer as follows: 

SFAFT Privacy Officer

C/o Franchise World Headquarters, LLC

325 Sub Way

Milford, CT, 06461

USA

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

Facsimile:                    (203) 783-7479

Email Address:            fafprivacyofficer@subway.com 

We will address your concerns and attempt to resolve any privacy issues that may arise.   

*SFAFT may update its Privacy Statement occasionally. When SFAFT posts changes to its Privacy Statement, we will also revise the "LAST REVIEWED" date on SFAFT’s Privacy Statement. If there are material changes to our Privacy Statement, SFAFT will notify you by email, or by means of a notice on our websites located at: www.subway.mobi and  www.subwaykids.com.  SFAFT encourages you to periodically review our full Privacy Statement at: http://www.subway.com/subwayroot/PrivacyPolicy-SFB, in order for you to stay informed of how SFAFT is protecting your Personal Information and to be aware of any material changes we may make to our Privacy Statement. Lastly, your continued use of SFAFT’s websites after posting an amended Privacy Statement shall constitute your agreement to be bound by any such changes, which are effective immediately after being posted on our w