Where Baja Lives!

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Where Baja Lives!

So tasty and so much potential

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TDM PRIVACY STATEMENT

TDM FRANCHISING, LLC.
Milford, Connecticut, USA

Table Of Contents

  1. Scope of This Privacy Statement
  2. Consent
  3. Consent to Share and Disclose Personal Information, Including International Data Transfers
  4. Consent To Electronic Notice If There Is A Security Breach
  5. Our Use of Your Personal Information and Type of Personal Information We May Collect
  6. Personal Information We Collect That You Provide Us
  7. Internet Users – Cookies, Internet Protocol (IP) Address, Aggregate Information
  8. TDMFC’s Collection of Personal Information Regarding Children
  9. A Note to Parents/Guardians—Additional Information About Children’s Privacy
  10. Collection and Use of Employee Personal Information
  11. Verifications of Employment
  12. Medical Information
  13. Collection and Use of TDM Franchisee and Prospective Franchisee Personal Information
  14. Collection and Use of TDM Development Agent Personal Information
  15. Mobile Information
  16. Mobile Marketing Promotions and Advertising
  17. Forward-to-a-Friend and Refer-a-Friend
  18. Opt-Out of Email Updates
  19. Sharing of Personal Information
  20. Security
  21. Storage, Retention, and Accuracy of Personal Information
  22. Access, Control, and Update Personal Information About You
  23. TDM’s Privacy Officer Contact Information
  24. Links to Non-TDM Websites and Third-Parties
  25. Social Media and Online Engagement
  26. Your California Privacy Rights (As provided by California Civil Code Section 1798.83)
  27. U.S. – EU and the U.S. - Swiss Safe Harbor Compliance
  28. Members of the European Union
  29. Enforcement and Dispute Resolution
  30. Changes to our Privacy Statement
  31. Terms and Conditions of Website Use
1. Scope of This Privacy Statement

Your privacy is very important to us. This Privacy Statement discloses how TDM Franchising, LLC (“TDM”) collects, protects, uses and shares Personal Information gathered about you, in conformance with all applicable Data Protection Laws. Our privacy practices are consistent with:

  • The 10 Privacy Principles developed by the Canadian Standards Association and incorporated into the Canadian Federal privacy legislation, as well as, the Personal Information Protection and Electronic Documents Act ("PIPEDA").
  • The U.S.-EU and U.S.-Swiss Safe Harbor Frameworks Privacy Principles of: Notice, Choice, Onward Transfer (Transfers to Third Parties), Security, Data Integrity, Access, and Enforcement.
  • The Organization for Economic Co-operation and Development (OECD) Privacy Principles.
  • The Federal Trade Commission’s Fair Information Practice Principles (FIPPs).
  • The Asia Pacific Economic Cooperation forum (APEC) Privacy Framework.
  • Applicable country, national, state, and local data protection laws (some country’s laws require country specific information in a Privacy Statement.

TDM IP Holder, LLC (“TDM IP Holder”) owns and licenses the TACO DEL MAR® trademark and TACO DEL MAR® Restaurant System to its affiliates, which includes, but is not limited to: TDM Franchising, LLC (“TDM”), TDM Leasing, LLC (“TDM Leasing”), Taco Del Mar Holdings Corp. (“TDM Holding Corp”), TDM Franchising of Canada, ULC (“TDM”), and TDM Leasing of Canada, ULC ("TDM Leasing”). Franchise Brands, LLC is the owner of TDM Franchising, LLC (“TDM”), and TDM Leasing, LLC (“TDM Leasing”). TDM Holding Corp is the owner of TDM Franchising of Canada, ULC (“TDM”), and TDM Leasing of Canada, ULC ("TDM Leasing”). Franchise World Headquarters, LLC, (“FWH”) is an affiliate of and third-party service provider to, the TACO DEL MAR® Group, which provides its affiliates with certain services, including but not limited to franchise marketing, franchisee training, and accounting services. TDM IP Holder, TDM, TDM Leasing, TDM Holding Corp, TDM Franchising of Canada, ULC and TDM Leasing of Canada, ULC, are collectively referred to herein as the “TACO DEL MAR® Group”.

All Personal Information is collected in a fair and non-intrusive manner, with your voluntary consent. Personal Information is not accessible to anyone outside the specific function for which it is collected. TDM respects the privacy of our TACO DEL MAR customers, our employees, job applicants, and other visitors to our websites who may choose to provide Personal Information. We recognize the need for appropriate protections and management of Personal Information that you provide to us. This Privacy Statement will assist you to understand what types of Personal Information we may collect, how that Personal Information may be used, and with whom the Personal Information may be shared with.

This Privacy Policy explains TDM’s privacy practices and procedures regarding the Personal Information collected online from users of the TACO DEL MAR® Restaurant System’s website located at: www.tacodelmar.com.

In an effort to comply with the law, and our commitment to protect your Personal Information, we provide the following, which discloses our privacy practices and procedures. Please note that this Privacy Statement does not govern the privacy practices and procedures of independently owned and operated TACO DEL MAR® restaurants. Nor does this Privacy Statement govern the Personal Information handling practices and procedures of Franchise Brands, LLC, our affiliates within the TACO DEL MAR® Group, as well as, FWH. TDM encourages you to review its affiliates, Franchise Brands, LLC and FWH’s, respective Privacy Statements which discloses each company’s privacy practices and procedures. For your convenience, TDM has provided a link to Franchise Brands, LLC and FWH’s individual Privacy Statements below:

Franchise Brands, LLC: http://franchisebrandsllc.com/PrivacyStatement/tabid/292/Default.aspx
FWH: http://www.subway.com/subwayroot/PrivacyPolicy-FWH.aspx.

2. Consent

This Privacy Statement applies to all information gathered for and on behalf of TDM, whether in writing, verbally or electronically, through any website operated by or on behalf of TDM, including, but not limited to: www.tacodelmar.com, together with any and all future websites (the “Websites”) operated by or on behalf of TDM. By using the Websites, or participating in any program or service managed by TDM, you consent to the data practices described in this Privacy Statement.

BY SUBMITTING PERSONAL INFORMATION TO TDM, AND/OR BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO TDM’S COLLECTION, USE, AND DISCLOSURE OF SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY STATEMENT AND THE TERMS AND CONDITIONS AS PERMITTED OR REQUIRED BY LAW.

If you have questions about this Privacy Statement or the protection of your information, please contact the Privacy Officer at: privacyofficer@tacodelmar.com.

3. Consent to Share and Disclose Information, Including International Data Transfers

In addition to consenting to the website Privacy Statement, Terms and Conditions, as well as any relevant supplemental policies, you expressly consent to TDM sharing the Personal Information that you have provided to TDM, as described herein. TDM may share Personal Information with its affiliates and/or third-party service providers, including, but not limited to: the TACO DEL MAR® Group, Franchise Brands, LLC, and FWH. TDM may also share your Personal Information with companies that provide support services to TDM, such as, but not limited to: credit card processors, mailing houses, web hosts, technical support providers, fulfillment centers, enforcing and/or investigating business operations or transactions, because these companies may need information about you in order to perform their various functions. Please note, TDM does not control these companies nor does TDM authorize these companies to use your Personal Information that TDM may share with them, for any reason other than the purpose for which TDM hired them. You agree that TDM and those with whom it shares your Personal Information (the “Recipients”), may disclose and transfer your Personal Information worldwide, including in and outside of the United States and its territories, the European Economic Area, Canada and its provinces, and other geographical areas serviced by the TACO DEL MAR® Group for any purpose relating to TDM’s operations and programs.

4. Consent to Electronic Notice If There Is a Security Breach

If TDM or a Recipient is required to provide notice of unauthorized access of certain security systems, you agree that TDM, or the Recipient, may do so when required or voluntarily by posting notice on the Website or sending notice to any email address TDM or the Recipient has for you, in the good faith discretion of TDM 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.

5. Our Use of Your Personal Information and Type of Personal Information We May Collect

We use your Personal Information to facilitate the services you request. We have tailored our Privacy Statement to adequately advise of the use of your Personal Information.

Personal Information is defined as any information concerning the personal or material circumstances of an identified or identifiable individual. An identifiable person 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 (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, financial information, and employment related information, such as: Personal Information that may be found on resumes, applications, background verification information, or in employment references.

TDM 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. TDM 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 requires the transmittal of your SSN/I.N to access our Website without requiring additional authentication.

Non-Personal Information is information that is already a matter of public record or knowledge. Business contact information is considered Non-Personal Information and not subjected to special protection and it can be routinely shared with anyone inside or outside of the business. Business contact information shall include but is not limited to: business name, business address, business telephone number, and is not considered Personal Information in certain jurisdictions.

We Do Not Collect Sensitive Data

Sensitive data is information that can include but is not limited to, an individual’s gender, racial or ethnic origins, politics, religion, trade union membership, veteran status, physical or mental health, disabilities, sex life, sexual orientation, or criminal (or alleged criminal) activities, proceedings or convictions. We will never collect Sensitive Personal Information except to comply with Affirmative Action data requirements.

6. Personal Information We Collect That You Provide US

TDM will not collect customer Personal Information, unless the customer contacts TDM directly. In order to adequately address a customer’s concern, your Personal Information may be shared with our affiliate and third-party service provider, FWH, and our affiliates within the TACO DEL MAR® Group, and the appropriate TACO DEL MAR® Group Development Agent’s (“DA”) and franchisees. TDM, TACO DEL MAR® DA’s, and our third-party service providers only collect Personal Information on a voluntary basis. The TACO DEL MAR® Group’s DA’s assist with franchise sales, site location, training, and provide operational assistance to franchisees. Failure to provide necessary information may prevent TDM from fully addressing any customer concerns.

For Instance, you may choose to communicate with us in some of the following ways:

  • Subscription Services, such as, email and newsletters.
  • User registration, such as access to www.tacodelmar.com, member or non-public member pages.
  • Financial Transaction Information, such as, ordering from www.tacodelmargear.com, operated by, Promoz Direct, Inc.; placing a catering order operated by the independently owned and operated TACO DEL MAR® restaurants by visiting: tacodelmar.com/Content/TacoDelMar/Catering.aspx, and selecting a location near you.
  • TellTacoDelMar.com located at: telltacodelmar.com/survey3/Default.aspx, operated by TDMFC’s .third-party service provider, Customerville.
  • Promotions and Sweepstakes, Surveys and/or Voting.

Upon entering your Personal Information regarding any of the above, the TACO DEL MAR® Group, or our third-party service providers, 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. TDM does not divulge User ID and Passwords to anyone internally or externally. Please note, when entering a Promotion or Sweepstakes TDM urges you to review the Promotion or Sweepstakes Official Rules and Privacy Statement specific to that Promotion or Sweepstakes.

7. Internet Users - Cookies, Internet Protocol (IP) Address, Aggregate Information

Cookies - In addition to Personal Information, we use data collection devices such as "cookies" on certain web pages to help analyze our web page flow and measure promotional effectiveness. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the 'lifetime' of the cookie, and a value, usually a randomly generated unique number. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site and services.

A few important things you should know about cookies are that:

  • We offer certain features that are available only through the use of cookies.
  • We use cookies to better your web experience.
  • Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
  • You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)

Disabling/enabling cookies - You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled.

Web Beacon - Also called a Web bug or a pixel tag or a clear GIF. We use pixels tags or transparent GIF files, to help manage our online advertising and promotions. These tags collect anonymous (not personally identifiable) information about which advertisements and promotions bring users to our website. With both cookie and tag technology, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address.

Used in combination with cookies, a Web beacon is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel, which is placed on a Web site or in an e-mail that is used to monitor the behavior of the user visiting the Web site or sending the e-mail. When the HTML code for the Web beacon points to a site to retrieve the image, at the same time it can pass along information such as the IP address of the computer that retrieved the image, the time the Web beacon was viewed and for how long, the type of browser that retrieved the image and previously set cookie values.

Web beacons are typically used by a third-party to monitor the activity of a site. A Web beacon can be detected by viewing the source code of a Web page and looking for any IMG tags that load from a different server than the rest of the site. Turning off the browser's cookies will prevent Web beacons from tracking the user's activity. The Web beacon will still account for an anonymous visit, but the user's unique information will not be recorded.

Internet Protocol (IP) Address - an Internet Protocol (IP) Address is associated with your computer's connection to the internet. TDM may use your IP address to help diagnose problems with TDM’s server, to administer the Website and to maintain contact with you as you navigate through the Website. Your computer's IP address also may be used to provide you with information based upon your navigation through the Website. TDM does not link IP addresses to any Personal Information.

Aggregate Information - is used to measure the visitors’ interest in, and use of, various areas of the Website and the various programs that TDM administers, TDM will rely upon aggregate information, which is information that does not identify you, such as statistical and navigational information. With this aggregate information, TDM may undertake statistical and other summary analyses of the visitors' behaviors and characteristics. Although TDM 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.

8. TDM’s Collection of Personal Information Regarding Children

This website is not targeted towards children under the age of thirteen (13). We do understand that children may try to contact us and in so doing may voluntarily provide Personal Information on this website. If you are a child under the age of thirteen (13) PLEASE, DO NOT submit any Personal Information about yourself on this website without getting permission from your parent(s) or guardian(s) first.

Children’s privacy is very important TDM. TDM’s servers are located in the United States. TDM 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. TDM 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 TDM with Personal Information without the consent of a parent, we ask the parent of that child to contact the Privacy Officer immediately at: privacyofficer@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.

9. A Note to Parents/Guardians—Additional Information about Children’s Privacy

In the United States, websites that are collecting Personal Information from children under the age of thirteen (13) are required to comply with Federal Trade Commission (“FTC”) Children's Online Privacy Protection Act (“COPPA”). COPPA requires that TDM inform parents and legal guardians about how we collect, use, and disclose Personal Information from children under thirteen (13) years of age; and that we obtain the consent of parents and guardians in order for children under thirteen (13) years of age to use certain features of our website. Also, when we use the term "parent", we mean to include legal guardians.

Children can participate in many of our features without providing Personal Information. However, to enable their participation in certain interactive features, we may ask children to provide us with Personal Information. The types of information we may request include first name as well as the child’s and parent’s email addresses. We use a child’s email address to respond to a specific request to participate in an activity (e.g., participate in a contest or sweepstakes, respond to their question, enable them to subscribe to a newsletter). We use parents’ e-mail addresses to obtain their consent or notify them of their child's online activities and enable the parent to unsubscribe the child from a newsletter or other similar activity.

Sometimes, we use third party service providers to help us conduct contests or sweepstakes, send prizes to winners, or provide customer service related to activities on the website. These third party service providers are contractually obligated to adhere to this Privacy Statement. As such these third party service providers are required to keep Personal Information confidential and to use it only for the specific services they are performing on our behalf.

At any time parents can refuse to permit us to collect further Personal Information from their child and can request that any Personal Information we have collected be deleted from our records.

We will provide parents notice by e-mail of any material changes in the way we intend to collect, use, and/or share their child’s Personal Information. Please note that, at all times, parents should update their Personal Information to provide us a current email address.

If you would like to review any Personal Information that we have collected online from your child, have the Personal Information deleted, and/or request that there be no further collection or use of your child's Personal Information, or if you have questions about TDM’s privacy practices, you may contact our Privacy Officer:

TDM Privacy Officer
c/o: Franchise World Headquarters, LLC
325 Bic Drive
Milford, CT, 06461
Telephone Number:  (203) 877-4281 or Toll Free: 1-800-888-4848
Facsimile:                  (203) 783-7951
Email Address:          privacyofficer@tacodelmar.com

10. Collection and Use of Employee Personal Information

Personal Information collected from employees and applicants is limited to administration of Human Resources programs and functions, which include, but are not limited to: job applications and hiring programs, compensation and benefit programs, performance appraisals, training, access to TDM and its affiliates facilities and computer networks, employee profiles, internal intranet employee directories, Human Resource recordkeeping, and other employment related purposes.

It is the policy of TDM to keep all past and present employee information private from disclosure to third parties, accept for where there are certain business related exceptions, such as:

  1. To comply with county, state or federal agency requests;
  2. 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);
  3. Third parties with which TDM has contractual agreements to assist in administration of company sponsored benefits.

Please note that this Privacy Statement does not apply to SUBWAY® restaurant employment applications submitted through the website, which may be shared with independently-owned and operated franchises who are seeking employees in their market area.

11. Verifications of Employment

Prospective employers, state agencies, financial institutions, and residential property managers routinely contact TDM 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.

For written verification of employment requests, information will be provided on the form only when it is accompanied by an employee's signed authorization to release information. The form will be returned directly to the requesting party and filed as part of the Human Resources or Payroll Department’s confidential records.

12. Medical Information

TDM is compliant with federal HIPAA regulations and only utilizes information related to the company sponsored healthcare plan on a "need to know" basis for administration of the healthcare plan.

13. Collection and Use of Franchisee and Prospective Franchisee Personal Information

If you choose to, you may submit via www.tacodelmar.com an electronic application seeking consideration as a prospective TACO DEL MAR® franchisee. By submitting an electronic application, you agree that we may disclose your Personal Information to our affiliates within the TACO DEL MAR® Group, TACO DEL MAR® DA’s, and third-party service providers as part of their consideration to your inquiry and to help them conduct their franchise marketing efforts. Personal Information collected from prospective franchisees include, but is not limited to: name, address, telephone number, facsimile number, email address, date of birth, citizenship, educational background, criminal background, bank account information for Electronic Funds Transfer, financial statement, litigation history, and taxpayer identification number. Information on your online form will become part of an application for a franchise that you might later submit. We require our affiliates within the TACO DEL MAR® Group and TACO DEL MAR® DA’s to respect TDM’s privacy practices and not use your Personal Information for purposes other than to carry out our instructions.

Any potential franchisee Personal Information sent to www.tacodelmar.com is stored on a server located in the United States. The server is managed by TDM, based in the United States. Information on this server may be shared with:

  • TDM IP Holder, based in Milford, Connecticut, USA.
  • TDM Holding Corp, TDMFC, and TDM Leasing of Canada, ULC, based in Milford, Connecticut, USA.
  • Franchise Brands, LLC, and TDM Leasing, LLC, based in Milford, Connecticut, USA.
  • FWH, based in Milford, Connecticut, USA.
  • Relevant TDM DA’s for your geographical area.

TDM and its affiliates will retain your 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.

Website - www.tacodelmar.com www.tacodelmar.com is hosted on a web server located in the United States of America. The content of www.tacodelmar.com, including updates to the consumer content, is managed by TDM and FWH.

Finally, upon becoming a TACO DEL MAR® franchisee you consent to TDM disclosing former or past franchisee contact information including Personal Information in its Disclosure Document for one (1) year after leaving the system, as required by law, unless you advise otherwise. Contact our Privacy Officer in writing, either by email or regular mail received, of your desire to not have your details or contact information disclosed, corrected or changed when you sell or transfer your TACO DEL MAR® store, or exit the TACO DEL MAR® system (whether by termination or otherwise). To contact the Privacy Officer, please see the section provided below entitled “Contact Information”.

14. Collection and Use of TDM Development Agent Information

By applying via www.tacodelmar.com to become a TACO DEL MAR® DA, a DA applicant consents to the collection, use, and disclosure of Personal Information in accordance with the following terms and conditions. We collect and use Personal Information in order to assist you in applying and evaluating you to become a TACO DEL MAR® DA. Personal Information is collected to assist our affiliates within the TACO DEL MAR® Group in selecting DA candidates and for the purpose of operating a development territory.

Personal Information collected includes, but is not limited to: name, home address, home telephone number, facsimile number, email address, date of birth, bank account information for Electronic Funds Transfer, financial statement, resume, taxpayer identification number and background checks. Failure to provide necessary information may negatively impact your ability to become a Development Agent.

Once a DA candidate becomes a DA, they may then reference themselves by their DA Number. As a DA for TDM, certain business information with respect to restaurants within your territory may be shared in the aggregate amongst your DA community. Such business information may include, but is not limited to, 3 year DA Performance Report, Emerging Market Developing Activity Report, Developed Market Report, and the Weekly Same Store AUV and Units Report.

15. Mobile Information

You may submit Personal Information via your cell phone, smartphone, and tablet. If you use any location-enabled products, you may be sending us location information. TDM does not store or use this information other than to provide the service you requested. For example, a mobile product may use GPS data to find a nearby restaurant you requested. Location-enabled features are opt-in and you have control over your participation and can turn these services off at any time.

TDM uses 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 and Facebook. If you post updates to or receive updates from www.twitter.com, www.facebook.com, and other social networking websites, during the Promotion 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 and Facebook, are governed by the privacy practices of those websites. TDM does not capture or store your login information or any other personally identifiable information for Twitter, Facebook, and other social networks, however, session information or cookies may be stored on your wireless phone, by their websites.

Mobile Information We Collect

  • Web-enabled mobile applications may use cookies or web beacons and other methods to customize your browsing experience. Please see TDM's website Privacy Statement for more information.
  • Some mobile applications will utilize Google Analytics (or similar tool) to help us better serve our customers through improved products, services, and revisions to the mobile applications. This collected information will not identify you to TDM. It may, however, let us know anonymously, which services and features you are using the most within the application, as well as device type and hardware features, country and language of download.
  • Use of 3rd party services such as social sharing sites (e.g., Facebook and Twitter) is governed by the privacy practices of those services. TDM does not capture or store your login information or other personally identifiable information for these services, however session info or cookies may be stored.

Mobile Information Sharing

  • TDM does not share any collected information with 3rd parties with the following exceptions:
  • TDM may provide some personal data to third-party partners that are providing services essential to your mobile user experience.
  • All requests are sent through your mobile carrier's network and your carrier may have access to it. Consult your carrier's privacy policies for additional information.
  • Certain mobile products and services and manufacturers allow you to interact and share your information with others. For example, you may want to Tweet or post to your Facebook page content from a TDM mobile application. Consult your mobile device manufacturer, or mobile product or application developer's privacy policies for additional information.
16. Mobile Marketing Promotions and Advertising

If you participate in any advertising or marketing promotions the information that you provide will be handled in accordance with the Privacy Statement specific to said promotion which cannot and does not apply to this Privacy Statement.

Wireless Promotional Opportunities - TDM may provide users and viewers with the opportunity to register for special promotions via mobile text messaging and other wireless devices. Users are required to provide their consent to receive such information from TDM, either by registering on our website or via your wireless device. Promotional opportunities may be provided by the TACO DEL MAR® Group and/or TDM’s third-party service providers. The Information requested as part of the online registration process may include, but is not limited to, a user's telephone number or a wireless email address (only if specifically requested), and your mobile carrier's name.

Please note that most wireless transmissions are not secured and there is a greater risk of an unknown third party's interception of messages or a user's Personal Information when using a wireless communications device.

Users that register for wireless services acknowledge, understand and agree that they may be charged by the user's wireless carrier for all messages between TDM and the user. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will our website, TDM, the TACO DEL MAR® Group, or its affiliates be held responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.

Termination of Wireless Services by User - Users may revoke their consent to receive mobile messages for marketing promotions from TDM and/or its affiliates by the following procedure:

A user may cancel one or more services via his/her wireless device at any time by using the unsubscribe mechanism provided by TDM at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". TDM will terminate the user's registration for the most recent wireless service sent to the user. Any of these words followed by the word "ALL" in the user's termination request will cancel all of the user's registered wireless services with TDM. If the user unsubscribes from one or all of TDM service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user's previous opt-in.

Use Of Information - TDM will not use a wireless telephone number, wireless or conventional internet email address, or other Information submitted for its wireless marketing promotions for any other purpose than to provide the services requested, unless we provide to you advance notice of any other use. We will not share any Personal Information with third party service providers unless you opt-in for such disclosure.

17. Forward-To-A-Friend and Refer-A-Friend

You may use a referral feature (either on a web page, in an e-mail, from a banner ad or other communication) to inform a friend about a TDM web page or promotion. TDM may use any e-mail address provided when using this referral feature to send both an initial e-mail and a subsequent e-mail to recipients about the particular promotion, product, or service in which you indicated your "friend" may have an interest.

18. Opt-Out of Email Updates

You may have the opportunity to elect to receive email communications from TDM. TDM will only email you if you elect to receive them. If you elect to receive email communications, TDM will send you occasional updates about new additions to the Website 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 TDM, you can opt-out by clicking the unsubscribe link at the bottom of any TDM email, update the contact preferences for your account, or contact the Privacy Officer at privacyofficer@tacodelmar.com

19. Sharing of Personal Information

TDM does not sell Personal Information to third parties. We may share Personal Information with our service providers, consultants and affiliates for our internal business purposes. Except as described in this Privacy Statement, TDM will not share Personal Information with a third party, unless a customer requests, consents to such disclosure, or disclosure is required or authorized by law.

We may share your Personal Information with agents, affiliates or service providers who act for or on behalf of TDM in connection with the business of TDM, or for further processing the data in accordance with the purpose(s) for which the data was originally collected, e.g., third party maintenance of secure listing databases. We require our agents, affiliates and service providers to agree in writing to maintain the confidentiality and security of Personal Information they maintain on behalf of TDM and not to use it for any purpose other than the purpose for which we retained them. We also require any third parties we retain to protect Personal Information disclosed by us in accordance with all applicable privacy requirements and the general privacy principles described in this Privacy Statement.

The Personal Information you provide TDM is considered a company asset and may be disclosed and/or transferred to a third party in the event of a proposed or actual purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, or financing of all or any portion of TDM or of any of the business assets or shares of TDM or a division thereof, in order for a customer to continue to receive the same products and services from the third party.

Although we make every effort to preserve user privacy, we reserve the right to disclose Personal Information to a third party in certain limited circumstances, specifically: to comply with a law, regulation, search warrant, subpoena, judicial proceeding, a court order, or as otherwise may be required by law, to enforce our policies or contracts, to collect amounts owed to us, to protect users of our sites from fraudulent or abusive use, during emergencies when safety is at risk, as determined by TDM, or otherwise where necessary for the establishment, exercise or defense of legal claims. In addition, from time to time, server logs may be reviewed for security purposes; for example, to detect unauthorized activity on the web site. In such cases, server log data, containing IP addresses, would be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.

As described above, TDM, its affiliates within the TACO DEL MAR® Group, third party service providers, and TACO DEL MAR® DA’s may share and exchange Personal Information in order to process franchisee applications, administer the TACO DEL MAR® franchise system, and protect the integrity of the TACO DEL MAR® franchise system and trademarks. Personal Information may be provided to a courier or freight forwarder to fulfill in order, which may have been requested from us.

TACO DEL MAR® DA’s and other service providers are prohibited from using Personal Information for any purpose other than to provide assistance to TDM and its affiliates within the TACO DEL MAR® Group. DA’s are required to protect Personal Information disclosed by us and to comply with the general privacy principles described in this Privacy Statement.

20. Security

We endeavor 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 TDM, 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 personally identifiable 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.

Phishing - Identity theft and the practice currently known as “phishing” are of great concern to TDM. Accordingly, safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, Social Security Number or National Identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website http://www.consumer.ftc.gov/articles/0003-phishing.

21. 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. TDM takes all reasonable steps to insure that your Personal Information is accurate, up-to-date, complete, relevant and not misleading. TDM 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.

TDM may store your Personal Information in our databases located in the United States and/or other countries outside of Canada and its provinces. Additionally, some of our service providers may be located in the United States or other countries outside of Canada and its provinces 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 TDM.

22. Access, Control, and Update Personal Information about You

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

23. TDM's Privacy Officer Contact Information

If you have any questions or concerns, please contact TDM’s Privacy Officer at:

TDM Privacy Officer
c/o: Franchise World Headquarters, LLC
325 Bic Drive
Milford, CT, 06461
Telephone Number:  (203) 877-4281 or Toll Free: 1-800-888-4848
Facsimile:                  (203) 783-7951
Email Address:          privacyofficer@tacodelmar.com

We will address your concern and attempt to resolve any problem.

24. Links to Non-TDM Websites and Third-Parties

Please note that www.tacodelmar.commay contain links to other websites for your convenience and information. TDM does not control those websites or their privacy practices, which may differ from www.tacodelmar.com TDM’s Privacy Statement cannot and does not apply to external websites. We do not endorse or make any representations about third-party web-sites. The Personal Information you choose to give to unrelated third-parties is not covered by the TDM Privacy Statment. 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 Information with TDM; that sharing is governed by that third-party company’s Privacy Policy.

25. Social Media and Online Engagement

TDM uses a variety of new technologies and social media options to communicate and interact with consumers. These sites and applications include popular social networking and media sites, open source software communities and more. To better engage the public in ongoing dialog, TDM uses several third-party platforms including, but not limited to, Facebook, Twitter, and YouTube. Third-Party Websites and Applications (TPWA) are Web-based technologies that are not exclusively operated or controlled by TDM. When interacting with the TDM presence on those websites, you may reveal certain personal information to TDM or to third parties. Except when used by TDM employee’s for the purpose of responding to a specific message or request, TDM will not use, share, or retain your personal information.

At this time, TDM has three Social Media Accounts, http://www.facebook.com/tacodelmarcorp, http://twitter.com/Taco_Del_Mar, and http://www.youtube.com/user/TDMVids

Facebook: On the http://www.facebook.com/tacodelmarcorp Facebook page, TDM staff posts news and other items of interest to individuals. If you have a Facebook account or 'Like' Facebook.com/subway Facebook page, you can post comments or click on the 'like' option for individual entries. If you comment or click on the 'like' button, personally identifying information will be visible to TDM staff and other Facebook site visitors. The amount of visible personal information will depend on your own Facebook privacy settings. You can completely avoid displaying any personally identifiable information by not creating an account, not posting comments and not clicking on the 'like' options in Facebook. TDM staff does not collect, use or disclose any information about visitors who comment or 'like' the TDM Facebook site. Facebook collects and reports on non-personally identifiable information about activities on Facebook pages. This information is password protected and only available to TDM employees, members of the TACO DEL MAR® Communications and Web Teams, and other designated staff who require this information to perform their duties. The Facebook privacy policy is available at: http://www.facebook.com/about/privacy/.

Twitter: TDM uses Twitter to send short messages (up to 140 characters) or 'Tweets' to share information about TACO DEL MAR® Restaurants with visitors and respond to comments and inquiries sent via Twitter to TDM. While visitors may read the TDM Twitter feeds without subscribing to them, visitors who want to subscribe to (or follow) TDM Twitter feeds must create a Twitter account at www.twitter.com. To create an account, you must provide some personal information, such as name, user name, password and email address. Visitors have the option to provide additional personal information including a short biography, location or a picture. Most information you provide for a Twitter account is available to the public, but you can modify how much of your information is visible by changing your privacy settings at the Twitter.com Web site. TDM staff members monitor the number of subscribers and respond to comments and queries via Twitter, but the staff never takes possession of the personal information belonging to Twitter followers. TDM does not collect, maintain, disclose or share any information about people who follow TDM on Twitter. The Twitter privacy policy is available at: http://twitter.com/privacy.

YouTube: TDM posts videos on YouTube to make them available to all TDM visitors. You do not need to register with either YouTube or Google (YouTube owner) to watch TDM videos. When visitors watch videos, YouTube may record non-personally identifiable information about its site usage, such as channels used, videos watched, and data transfer details to improve its services. If you log on to the YouTube site before watching TDM videos, YouTube may associate information about your site use with your YouTube account. If you log on to YouTube and comment on a TDM video, any personal information you included when registering for your account will be visible to visitors who click on the comment. If you do not log in before watching TDM videos posted on YouTube, your site use will not be associated with you or a YouTube account. The YouTube privacy policy is available at: http://www.youtube.com/t/privacy. TACO DEL MAR® Franchisees may sponsor their own Facebook Pages, Twitter Accounts, and Youtube Accounts. The privacy policies for the TACO DEL MAR® Franchisees Social Media pages are located on the individual TACO DEL MAR® Franchisees websites. This privacy policy does not govern the personal information handling policies and procedures of individual TACO DEL MAR® Franchisees Social Media pages and their individual websites.

26. 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 Statement) 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.

27. U.S. – EU and the U.S. - Swiss Safe Harbor Compliance

Franchise Brands, LLC, an affiliate of TDM, is in compliance with the U.S. Department of Commerce Safe Harbor requirements regarding the transfer of Personal Information from the European Economic Area (“EEA”) or Switzerland to the United States. Franchise Brands, LLC has been Self-Certified under the Safe Harbor privacy frameworks as set forth by the U.S. Department of Commerce, European Commission and Federal Data Protection and Information Commissioner of Switzerland regarding the collection, storage, use, transfer and other processing of personal data transferred from the European Economic Area or Switzerland to the U.S., in accordance with Directive 95/46/EC of the European Parliament, and the Swiss Federal Act on Data Protection (FADP) effective July 1993, modified January 2008. Organizations Self-Certified under the Safe Harbor privacy frameworks must comply with the U.S. – EU and the U.S. - Swiss “Safe Harbor” Frameworks Privacy Principles which 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 to Third Parties) - 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;
  • Enforcement - There must be effective means of enforcing these rules.

TDM may transfer Personal Information we collect about you to countries outside of Canada and its provinces in which the Personal Information was originally provided by you. Please note, those countries may not have the same data protection laws as Canada and its provinces. When TDM transfers your Personal Information to other countries outside of Canada and its provinces, we will protect your Personal Information as described in this Privacy Statement.

Further information regarding the “Safe Harbor” Frameworks privacy principles and certification process can be found at: www.export.gov/safeharbor. TDM, while not self-certified with the U.S. - EU and U.S.-Swiss Safe Harbor Frameworks acknowledges the privacy principles of Safe Harbor and strives to meet these requirements.

In addition, the U.S. Department of Commerce maintains a list of all compliant organizations, which can be accessed at: http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list

28. Members of the European Union

As part of Franchise Brands, LLC’s participation in the Safe Harbor Frameworks, TDM’s affiliate, Franchise Brands, LLC, has agreed to dispute resolution by the EU and/or Swiss Data Protection Authorities (“EU/Swiss DPA’s”), to serve as an independent recourse mechanism (“IRM”) for dispute resolution arising from collection, use, and retention of Personal Information transferred from EU member countries or Switzerland to Franchise Brands, LLC which is located in the United States. In choosing the EU/Swiss DPA’s to serve as an IRM for dispute resolution, Franchise Brands, LLC has paid the necessary annual fee to the United States Council for International Business (“USCIB”), which acts as a trusted third party on behalf of the EU/Swiss DPA’s with regards to disputes relating to Franchise Brands, LLC’s compliance with the Safe Harbor Frameworks. If you have any questions, concerns, or complaints regarding Franchise Brands, LLC’s compliance with the Safe Harbor Frameworks, please contact Franchise Brands, LLC’s Privacy Officer at: privacyofficer@franchisebrands.com. You may also contact the Federal Trade Commission’s website located at: http://export.gov/safeharbor/eg_main_018273.asp or by email at Safe Harbor Team Inbox e-mail: safe.harbor@trade.gov

29. Enforcement and Dispute Resolution

TDM uses a self-assessment approach to assure compliance with this Privacy Statement and periodically verifies that this Privacy Statement is accurate, easily accessible, prominently displayed, abides by, and contains the information intended to be covered by the Safe Harbor Frameworks, as stated above.

If you are a resident of the European Economic Area (“EEA”) or Switzerland and have any questions, concerns, or complaints, regarding TDM’s use or disclosure of your Personal Information, and compliance with the Safe Harbor Frameworks, please contact TDM’s designated Privacy Officer at: privacyofficer@tacodelmar.com. TDM’s Privacy Officer will investigate and attempt to resolve any complaints or disputes regarding the use and disclosure of your Personal Information, in compliance with any applicable Data Protection Laws, which may be required by various local, state, federal, or international laws, regarding any and all websites operated by and on behalf of TDM.

If a complaint or dispute cannot be resolved through TDM’s internal process, TDM has agreed to participate in the dispute resolution procedures established by the EU Data Protection Authorities to resolve disputes pursuant to the U.S. – EU Safe Harbor Frameworks Privacy Principles in respect to Personal Information received from the EEA. TDM has also agreed to cooperate and comply with any advice given by the Information Commissioner of Switzerland in the investigation and resolution of complaints brought under the U.S. – Swiss Safe Harbor Frameworks Privacy Principles.

30. Changes to Our Privacy Statement

TDM will update this Privacy Statement occasionally. When TDM posts changes to this Privacy Statement, we will also revise the "LAST REVIEWED" date on TDM’s Privacy Statement. If there are any material changes to this Privacy Statement, TDM will notify you by email, or by means of a notice on our home page. TDM encourages you to review this Privacy Statement periodically to be informed of how TDM is protecting your information and to be aware of any changes to the Privacy Statement. Your continued use of the site after the posting of any amended Privacy Statement shall constitute your agreement to be bound by any such changes. This Privacy Statement is incorporated into any Terms and Conditions governing the various websites and any programs or services operated or managed on or behalf of TDM. Any changes to this Privacy Statement are effective immediately after being posted by TDM.

31. Terms and Conditions of Website Use

The Terms and Conditions located at: http://tacodelmar.com/terms.html, govern your use of the TACO DEL MAR® Groups website: www.tacodelmar.com. The provisions therein apply to any disputes that may arise in relation to this Privacy Statement and the collection, use and disclosure of your Personal Information, and are of the same force and effect as if they had been reproduced directly in this Privacy Statement.