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TACO DEL MAR® WEBSITE PRIVACY POLICY

Your privacy is very important to us.  This Privacy Policy discloses how TACO DEL MAR® (“TDM”) collects, protects, uses and shares personal information gathered about you. 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® Restaurant job applicants, franchisees, development agents, TACO DEL MAR® customers and other visitors to our websites who may choose to provide personal information.  We recognize the need for appropriate protection 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.

Franchise World Headquarters, LLC, (“FWH”) is an affiliate of and service provider to TDM IP Holder, LLC the owner of the TACO DEL MAR® Restaurant System and the TACO DEL MAR® Group which includes amongst other entities:  TDM Franchising, LLC (“TDMF”), TDM Leasing, LLC (“TDML”), TDM Holdings Corp. (“TDMH”), TDM Franchising of Canada (“TDMFC”), TDM Leasing of Canada (“TDMLC”).  TDM IP Holder, LLC owns and licenses the Taco Del Mar trademark and TACO DEL MAR® Restaurant System to its affiliates in order to develop TACO DEL MAR® Restaurants.  FWH also provides its affiliates with certain services, including but not limited to franchise marketing, franchisee training, and accounting services.

This Privacy Policy explains TDM’s practices regarding the information collected online from users of the TACO DEL MAR® Restaurant Systems 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 policies. Please note that this Privacy Policy does not govern the privacy policies and procedures of independently owned and operated TACO DEL MAR® stores. In addition, this privacy policy does not govern the personal information handling policies and procedures of FWH or our affiliates within the TACO DEL MAR® Group. 

What type of information do we collect?

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, home address, home telephone number, email address, SSN/I.N., financial information and employment related information such as 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.

We will never collect sensitive Personal Information except to comply with Affirmative Action data requirements. Sensitive Personal Information can include but is not limited to: information pertaining to gender, disabilities, and veteran status.

Cookies – Internet Users

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. 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.

Children and Data Collection

TDM adheres to the federal privacy protection standards as stated in the Children's Online Privacy Protection Act (“COPPA”).  We care about the safety of children. We will not knowingly allow anyone under 13 to provide us any personally identifying information. Children under 13 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, e-mail address, and phone number) over the Internet.  If a child has provided us with personally-identifiable information without the consent of a parent or guardian, the parent or guardian of that child should contact the Privacy Officer immediately at privacyofficer@tacodelmar.com. We will use reasonable efforts to promptly delete the child's information from our servers.

Our Use of Your Information

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

Collection and Use of TDM Customer Information

TDM will not collect customer Personal Information, unless the customer contacts TDM directly. In order to adequately address a customer’s concern, their Personal Information may be shared with our affiliate FWH and other affiliates within the TACO DEL MAR®  Group, the TACO DEL MAR®  Group’s area Development Agents and franchisees. The TACO DEL MAR®  Group Development Agents 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.

Collection and Use of TDM Franchisee and Prospective Franchisee Information

If you choose to, you may submit via www.tacodelmar.com an electronic application seeking consideration as a prospective TDM franchisee.   By submitting an electronic application, you agree that we may disclose your personal information to our affiliates within the TACO DEL MAR® Group, their Development Agents, other TACO DEL MAR® Group affiliates, and third party service providers as part of their consideration to your inquiry and to help them conduct their franchise marketing efforts.  Information on your online form will become part of any application for a franchise that you might later submit.  We require our affiliates within the TACO DEL MAR® Group and their Development Agents to respect TDM’s privacy practices and not use your personal information for purposes other than to carry out our instructions.

By applying to become a TDM franchisee, a prospective franchisee 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 a prospective franchisee in applying to become a TACO DEL MAR® Restaurant franchisee and to assist our affiliates within the TACO DEL MAR® Group in selecting franchisee candidates.

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. Failure to provide requested Personal Information may negatively impact a prospective franchisee’s ability to become a franchisee. Once a prospective TACO DEL MAR® restaurant franchisee becomes a franchisee, they may then reference themselves by their Franchise Agreement Number. In order to better service franchisees, a franchisee’s Personal Information may be shared between TDM and its affiliates within the TACO DEL MAR® Group, pursuant to the service contracts between them.

A franchisee and/or prospective franchisee’s information may be shared with the TACO DEL MAR® Development Agent in their area. A Development Agent is an independent contractor of TDM.  The Development Agents assist with franchise sales, site location, service franchisee leasing needs, provide operational assistance and related administrative functions, training to the franchisee. Development Agents also make recommendations as to whether a prospective franchisee in their territory should be granted a franchise. The Development Agent may use this information to: address a franchisee’s concerns in a customer complaint, respond to a franchisee’s inquiries for franchise sales, franchisee Personal Information may be shared during store transfers, and any other inquiry which may require a response.   

Finally, upon becoming a TDM 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 TDM store, or exit the TDM system (whether by termination or otherwise).  To contact the Privacy Officer, please see the section provided below entitled “Contact Information”.

Collection and Use of TDM Development Agent Information

By applying via www.tacodelmar.com to become a TACO DEL MAR® Development Agent, a Development Agent 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® Development Agent. Personal Information is collected to assist our affiliates within the TACO DEL MAR® Group in selecting Development Agent 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 Development Agent candidate becomes a Development Agent, they may then reference themselves by their Development Agent Number.  As a Development Agent within the TACO DEL MAR® Group, certain business information with respect to stores 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.

Sharing of Personal Information

We may share Personal Information with our service providers, consultants and affiliates for our internal business purposes. Except as described in this Privacy Policy, 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. TDM reserves the right to disclose Personal Information to a third party if a law, regulation, search warrant, subpoena, or court order legally requires or authorizes us to do so. TDM also reserves the right to disclose and/or transfer Personal Information 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 or 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.

As described above, TDM, its affiliates within the TACO DEL MAR® Group, third party service providers, and TACO DEL MAR® Development Agents 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 TDM franchise system and trademarks. Personal Information may be provided to a courier or freight forwarder to fulfill an order, which may have been requested from us.

TACO DEL MAR® Development Agents 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. Development Agents are required to protect Personal Information disclosed by us and to comply with the general privacy principles described in this Privacy Policy.

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. These measures include safeguards to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use and modification.

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 Policy and all applicable laws and regulations. We maintain physical, electronic and procedural safeguards as appropriate to safeguard your Personal Information.
Currently, our website utilizes a variety of different security measures designed to protect Personal Information of 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.

Storage, Retention and Accuracy of Personal Information

TDM and its affiliates the TACO DEL MAR® Group, insures 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.
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, and your consent to such purpose(s) remains valid after termination of our relationship with you.
We take all reasonable steps to insure that your Personal Information is accurate, up-to-date, complete, relevant and not misleading.

Contact Information

You may contact the Privacy Officer to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact another employee 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: 1-800-797-2308; by Facsimile at: (203) 783-7952; by email at: privacyofficer@tacodelmar.com; or by mail at Taco Del Mar, In Care of Franchise World Headquarters, LLC, 325 Bic Drive, Milford, CT, 06461, USA. We will address your concern and attempt to resolve any problem.

Links to Non-TDM Web Sites and Third Parties

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

Safe Harbor Compliance

FWH 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.   FWH has been Self-Certified under the Safe Harbor privacy framework as set forth by the U.S. Department of Commerce, European Commission and Switzerland regarding the collection, storage, use, transfer and other processing of personal data transferred from the European Economic Area or Switzerland to the U.S., in accordance with the EU Directive on Personal Data Protection.  The principles of Safe Harbor compliance are:

We may transfer the personal information we collect about you to countries other than the country in which the information was originally collected.  Those countries may not have the same data protection laws as the country in which you initially provided the information.  When we transfer your information to other countries, we will protect that information as described in this Privacy Policy.

Further information regarding the Safe Harbor principles and certification process can be found at www.export.gov/safeharbor.  

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

Members of the European Union

If you are a resident of the European Economic Area (“EEA”) or Switzerland and have any concerns or complaints, please first address these issues to the Privacy Officer. TDM is located in the United States, as are the servers that make our websites available. All matters relating to privacy issues and websites are governed by the laws of the United States and the State of Connecticut. If the Privacy Officer does not satisfactorily address a complaint within thirty (30) days, any dispute, controversy or claim shall be settled by an arbitration administered by an arbitration agency, such as the American Arbitration Association (“AAA”). All arbitrations will be conducted in English. Judgment rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitration will be borne equally by the parties. Connecticut, U.S.A. shall be the site of all hearings, and such hearings shall be before a single arbitrator. You may also submit complaints to the Federal Trade Commission at http://www.ftc.gov/ftc/complaint.htm or via telephone at (202)382-4537.

Changes to our Privacy Policy

TDM will update this Privacy Policy occasionally. When TDM posts changes to this Privacy Policy, we will also revise the "Last Updated" date below on TDM’s Privacy Policy. If there are material changes to this Privacy Policy, TDM will notify you by email, or by means of a notice on our home page. TDM encourages you to review this Privacy Policy periodically to be informed of how TDM is protecting your information and to be aware of any changes to the Privacy Policy.  Your continued use of the site after the posting of any amended Privacy Policy shall constitute your agreement to be bound by any such changes.  This Privacy Policy 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 Policy are effective immediately after being posted by TDM.

LAST UPDATED:   TDM 12/06/10

Questions? If you have any questions about our privacy practices, please feel free to contact us at:

Global HQ—U.S.A.   TEL 855-425-0868
16504 (th Ave SE #104   FAX 206-624-7065
Mill Creek, WA 98012   E-MAIL info@tacodelmar.com