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Privacy Policy

Privacy Policy

Your privacy is very important to us. This Privacy Policy discloses how SUBCARD® NZ Limited located at 19 Auburn Street, Auckland, 1446, New Zealand (SNZ) collects, protects, uses and shares Personal Information gathered about you, in conformance with the Information privacy principles stated in New Zealand’s Privacy Act 2020. SNZ collects, Personal Information from you for its purposes, as well as on behalf of and shares the information with Subway Franchisee Advertising Fund Trust, B.V., (SFAFT) (the owner of the Subway Express® website), Subway International B.V (SIBV) (the franchisor of Subway® restaurants in New Zealand). Any rights of SFAFT in this Privacy Policy also apply to their related bodies corporate.

All Personal Information is collected in a fair and non-intrusive manner, with your voluntary consent. SNZ respects the privacy of SUBCARD® and Subway Express® customers, and other visitors to our websites who may choose to provide Personal Information. We recognise the need for appropriate protections and management of Personal Information that you provide to us. This Privacy Policy 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.

In an effort to comply with the law, and our commitment to protect your Personal Information, we provide the following, which explains our policies and procedures. Please note that this Privacy Policy does not govern the privacy policies and procedures of independently owned and operated Subway® restaurants, or of the Subway® franchisor’s policies and procedures Other privacy policies may apply for other Subway® services.

By using or accessing the websites [www.subcard.co.nz, and/or www.subwayexpress.co.nz] (Websites),the Subway® App and/or any of our services you are deemed to have agreed to be bound by this Privacy Policy. If you do not want your Personal information to be collected, please do not submit it to us. Please note that if you elect not to provide certain Personal Information to us, we, and SFAFT, may not be able to provide you with the services, products or information you require.

When you provide Personal Information to SNZ about a third party individual, you agree that you have that individual's permission to provide their Personal Information to SNZ, for SNZ's collection, storage, use and disclosure in accordance with this Privacy Policy.
This Privacy Policy is governed by New Zealand law and is subject to (and must be read in conjunction with) the Terms and Conditions on the
www.subcard.co.nz and www.subwayexpress.co.nz websites and the Subway® App.

What type of information do we collect?

Personal Information is any information about an identifiable individual. Personal Information may include but is not limited to: identifying information such as name, home address, telephone number and email address.

Cookies Internet Users

In addition to Personal Information, we use data collection devices such as "cookies" on certain web pages to help analyse our web page flow and measure promotional effectiveness. Cookies are pieces of information a website sends to an individual’s hard drive while they are viewing the website. Cookies allow the website to remember important information that will make your visit to the site more useful. We use cookies to help improve your future visits. 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 turn off all cookies, use the options on your browser to assist you. The Help option on your browser may assist you in changing your cookie preferences. Please note that by turning cookies off, you will not have access to many features available on our website.
We may at some point also use similar data collection devices on the Subway® App or Websites.

Children and Data Collection

We care about the safety of children. We will not knowingly allow anyone under 18 to provide us any personally identifying information unless the following steps have been complied with. Children under 18 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves (such as their names, email addresses, and phone numbers) over the Internet, including by uploading this information into the Subway® App or Websites.

Our Use of Your Information

We will only use and disclose your Personal Information for the purposes for which it was collected (or otherwise as required by law). This may include using your Personal Information for the following purposes:

·         to reply to your queries, comments or complaints;

·         to provide you with products, information or services;

·         to inform you of our promotions, offers or other information we consider you would be interested in;

·         to enable us to monitor, review and improve our products and communicate with you about them;

·         to comply with relevant laws and regulations or Court orders;

·         for any specific purpose, which we notify you of at the time your Personal Information is collected; 

·         to maintain and develop our business systems, including testing and upgrading them; 

·         for our administrative purposes and internal record keeping; and

·         To enable SFAFT and its related bodies corporate to do any of the above

Collection and Use of Customer Information

Holders of an eGift Card or traditional SUBCARD® may voluntarily register their cards through www.subcard.co.nz website, or by calling 0800 78 22 73. Likewise, you can choose to sign up for the Subway® App. Where you register an eGift Card, a traditional SUBCARD®, or obtain the Subway® App or use the websites our third party service provider/s collect, on our behalf, Personal Information provided by you on a voluntary basis. You hereby authorise the collection, storage, use and disclosure of the Personal Information you provide, by us, SFAFT and our selected third parties for the purposes set out in this Privacy Policy (including in order to fulfil the services offered through the SUBCARD® loyalty program, the Subway Express™ website and Subway® App). Our authorised third party service providers may share with each other, and with SFAFT, your Personal Information if it is needed for the provision of services to you.

Information you may be asked to provide may include but is not limited to: name, email address, SUBCARD® number, telephone or mobile number, date of birth, gender, address, and communication channels or preferences. Your purchase history may also be linked to this information. This information is used as part of the Subcard® loyalty program. You agree that your Personal Information may be used by us, SFAFT and our selected third parties to provide, manage and administer services and products to you. 

By providing us with Personal Information, you also agree that we, SFAFT and our selected third parties may use that Personal Information to send you, or any other person, communications (including by email, social media and text) from time to time about products and services offered by us, SFAFT or our selected third parties that may be of interest. If you decide that you no longer wish to receive promotional materials you may use the unsubscribe facility contained in the promotional message sent to you or you can update your preferences on the SUBCARD® or Subway Express™ websites.

Information is also collected in aggregate that is not considered Personal Information, concerning the food items purchased and the demographics of the purchasers. This information may be shared with the Subway® development agents for New Zealand (Development Agents) and third party service organisations such as SFAFT, Franchisee World Headquarters (FWH), Subway Development North Island, Subway Development South Island and employees and agents, to improve our product marketing and advertising.

Sharing of Personal Information

We do not sell Personal Information to third parties. Except as described in this Privacy Policy, SNZ will not share Personal Information with a third party, unless a customer requests, consents to such disclosure, or disclosure is required or authorised by law. SNZ reserves the right to disclose Personal Information to a third party if a law, regulation, search warrant, subpoena, or court order legally requires or authorises us to do so.

We may share Personal Information with Development Agents and our selected third parties. Development Agents are independent contractors who assist with franchise sales, site location, training, and provide operational assistance and make recommendations as to whether a prospective franchisee in their territory should be granted a franchise.

We may share Personal Information with third party service organisations who help us administer the Subway® App or Websites or deliver services and/or products to you, and their related companies (as defined in the Companies Act 1993), employees and agents for our and SFAFT’s business purposes (including but not limited to improvement of our product marketing and advertising) and to implement Subway Express® and the SUBCARD® loyalty program. Personal Information may be provided to a courier or freight forwarder in order to fulfil an order, which may have been requested from us. We may also share Personal Information for further processing in accordance with the purpose(s) for which the data were originally collected, e.g. third party maintenance of secure listing databases or prize fulfilment in connection with a contest, or promotion.

We may also disclose your Personal Information to:

·         our suppliers that host or maintain data centres, service platforms and other infrastructure and systems on behalf of us, where your Personal Information is processed and/or stored. Please refer to Collection and Use of Customer Information above for more information;

·         our professional advisers; or

·         anyone to whom our assets or business (or any part of it) is transferred.

Development Agents and other service providers are prohibited from using Personal Information for any purpose other than to provide assistance. Development Agents are required to protect Personal Information disclosed by SNZ and to comply with the general privacy principles described in this Privacy Policy.

Please note that some of the persons and entities to whom we disclose personal information (including but not limited to SFAFT) may be situated outside New Zealand. Our websites, data and systems may also be based on servers located outside of New Zealand, or cloud based systems.

Protection, Storage, Retention and Accuracy of Personal Information

SNZ ensures that Personal Information it holds is safeguarded against loss, unauthorised access, use, modification, disclosure, alteration, destruction or other misuse. All reasonable steps are taken to prevent unauthorised use or disclosure of Personal Information stored by SNZ.
SNZ will retain 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.

SNZ takes all reasonable steps to ensure that the Personal Information is accurate, up-to-date, complete, relevant and not misleading.
We note that no data transmission over the internet can be guaranteed as completely secure. Accordingly, we cannot warrant or guarantee the security of information transmitted from or to you.

Contact Information

You may contact the Privacy Officer to access, or request correction or deletion of the Personal Information. If necessary, the Privacy Officer will contact another employee or a service provider to assist in completing your requested task.
If you have any questions or complaints, please contact the Privacy Officer. The Privacy Officer can be reached by telephone at: +64 9 367 4400; by email at
privacy@ipca.biz; or by mail at PO Box 8193, Symonds Street, Auckland 1150.

Links to other websites

The websites or the Subway® App may contain links to third party websites for your convenience and information. SNZ does not control those sites or their privacy practices. We do not endorse or make any representations about third party websites. The personal data you choose to give to unrelated third parties is not covered by the SNZ Privacy Policy. 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 their personal data with SNZ; that sharing is governed by that third party’s privacy policy.

Email and other communications

We are committed to full compliance with the Unsolicited Electronic Messages Act 2007.
By subscribing to our email, text, push notifications, social media and/or other communications, you consent to receiving emails and/or other communications (as the case may be) which promote and market our products and services, or the products and services of others (including but not limited to SFAFT), from time to time.

You can unsubscribe from our communications at any time by clicking the "Unsubscribe" link in any promotional or marketing email received from us or by signing into the Subway® App or the websites and unchecking "I want to receive: email" box or by calling our Privacy Officer by telephone at: +64 9 367 4400; by email at privacy@ipca.biz.

Once you have unsubscribed from our email or other communications, we will remove you from the corresponding marketing list as soon as is reasonably practicable.

If you have any concerns or complaints regarding emails or other communications received from us, for example if you are receiving unwanted emails or other communications or are not the intended recipient, please call us on +64 9 367 4400 or email us at subcard@subway.co.nz.

Payment Security:

Safe Payment Systems:

SNZ uses "Payment Express" to securely authorise credit card payments before any charges are made. For further information regarding "Payment Express" and how it encrypts and processes transactions, please visit www.paymentexpress.co.nz.

SNZ accepts the following credit cards and payment methods; Visa, Mastercard and ApplePay

Changes to our Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. 

We recommend you visit our website regularly to check for any changes.

If you do not agree with any part of our Privacy Policy (as updated from time to time), you must promptly notify us and cease using our services.

This Privacy Policy was last updated on: 11 December 2020.