TDM Franchising of Canada
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 in Canada. FWH also provides its affiliates with certain services, including but not limited to franchise marketing, franchisee training, and accounting services.
TDMFC’s Commitment: Adhering to the 10 Privacy Principles
In Canada, "Fair Information Practices" regarding your personal information are reflected in a series of 10 Privacy Principles developed by the Canadian Standards Association and incorporated into Canadian federal privacy legislation, the Personal Information Protection and Electronic Documents Act ("PIPEDA"). TDMFC adheres to the 10 Privacy Principles as follows:
- Principle 1 — Accountability
- Principle 2 — Identifying the Purposes for collection of Personal Information
- Principle 3 — Consent for Collection, Use of Disclosure of Personal Information
TDMFC will obtain your informed consent for the collection, use, or disclosure of your personal information, except as permitted by law.
- Principle 4 — Limiting Collection of Personal Information
TDMFC will limit the collection of personal information, both the amount and the type of information, to that which is necessary for the purposes identified by TDMFC. TDMFC will collect your personal information by fair and lawful means, and not by misleading or deceiving you about the purpose for which information is being collected.
- Principle 5 — Limiting Use, Disclosure, and Retention of Personal Information
TDMFC will not use or disclose personal information for purposes other than the identified purposes for which it was collected, except with your consent or as required or permitted by law. TDMFC will retain your personal information only as long as necessary to fulfill the identified purposes.
- Principle 6 — Accuracy of Personal Information
TDMFC will attempt to make sure that your personal information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
- Principle 7 — Security Safeguards
TDMFC will protect your personal information by security safeguards appropriate to the sensitivity of the information.
- Principle 8 — Openness Concerning Policies and Practices
TDMFC will make readily available to you specific information about our policies and practices relating to the management of personal information.
- Principle 9 — Individual Access to Personal Information
Upon written request, subject to certain exceptions, TDMFC will inform you of the existence, use, and disclosure of your personal information and will give you access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
- Principle 10 — Challenging Compliance
What type of information do we collect?
Personal Information is any information about an identified or identifiable individual, including 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, for example, to a Social Insurance Number and/or Identification Number (hereinafter “SIN/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: identifying information such as name, home address, home telephone number, e-mail address, SIN/I.N financial information and employment related information such as may be found on resumes, applications, background verification information, or in employment references.
TDMFC takes measures to maintain the confidentiality of your SIN/I.N to protect your SIN/I.N from unlawful disclosure, and to limit access to your SIN/I.N. TDMFC will not make your SIN/I.N available to the general public, print your SIN/I.N on any card, require you to provide your SIN/I.N to access any products or services, transmit your SIN/I.N over the Internet unless the connection is secure or your SIN/I.N has been encrypted, or requires the transmittal of your SIN/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 because 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.
Cookies – Internet Users
Children and Data Collection
TDMFC 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 email@example.com. We will use reasonable efforts to promptly delete the child's information from our servers.
Our Use of Your Information
Collection and Use of Employee Personal Information
TDMFC also collects Personal Information from its employees and applicants (human resource data) in connection with administration of its Human Resources programs and functions. These programs and functions include, but are not limited to: job applications and hiring programs, compensation and benefit programs, performance appraisals, training, access to TDMFC 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 TDMFC to keep all past and present employee information private from disclosure to third parties, except for our affiliate FWH, who provides various Human Resource functions to TDMFC pursuant to a service contract. There are certain business related exceptions and they are:
- To comply with municipal, regional, provincial or federal agency requests;
- 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);
- Third parties with which TDMFC has contractual agreements to assist in administration of company sponsored benefits.
Verifications of Employment
Prospective employers, government agencies, financial institutions, and residential property managers routinely contact TDMFC 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.
Collection and Use of Customer Information
TDMFC will not collect customer Personal Information, unless the customer contacts TDMFC 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 appropriate TACO DEL MAR® Group’s area Development Agent 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 TDMFC from fully addressing any customer concerns.
TDMFC will not collect Personal Information, unless you contact TDMFC directly. In the future, one of our affiliates from the TACO DEL MAR® Group may use this information to contact you regarding products or promotions, as well as other products and services, which may be of interest to you. If you do provide us with Personal Information, we may use the information to contact you, via e-mail, regular mail, telephone or other means, to provide you with information that you requested about specific products or services, provide additional future information about products or services that may be of interest to you, and to learn about and develop products and services. If you do not want this information disclosed you may “opt out” of future contacts at any time by un-subscribing from our database or contacting the Privacy Officer, in writing, as described below in the section titled “Contact Information”.
Collection and Use of Franchisee and Prospective Franchisee 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, 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 the TACO DEL MAR® Group franchise that you might later submit. We require our affiliates within the TACO DEL MAR® Group and their Development Agents to respect TDMFC’s privacy practices and not use your personal information for purposes other than to carry out our instructions.
By applying to become a TACO DEL MAR® 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 TDMFC 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 (optional), citizenship (optional) educational background, criminal background, bank account information for Electronic Funds Transfer, financial statement, litigation history, and taxpayer identification number (optional). Failure to provide requested Personal Information may negatively impact a prospective franchisee’s ability to become a franchisee. Once a prospective 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 TDMFC 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® Group Development Agent in their area. A Development Agent is an independent contractor of TDMFC or one of its affiliates within the TACO DEL MAR® Group. Development Agents assist with franchise sales, site location, service franchisee leasing needs, provide operational assistance and related administrative functions, and 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 inquires for franchise sales, franchisee Personal Information may be shared during store transfers, and any other inquiry which may require a response. TDMFC will also disclose in our franchise disclosure documents (whether required by law or made on a voluntary basis), and other documents required by law, personal information about a franchisee, including the franchisee’s name, address, telephone and facsimile number, sales, revenue, expenses, costs, results of operation, and similar information regarding the franchisee’s business, and any information regarding the non-renewal, closure, expiry or termination of the franchisee’s franchise agreement. This information will be disclosed to comply with law and to solicit prospective franchisees.
Collection and Use of 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 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 TDMFC and its 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 (optional), 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
As described above, TDMFC, its affiliates within the TACO DEL MAR® Group, third party service providers and 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 TACO DEL MAR® franchise system and trademarks. Personal Information may be provided to a courier or freight forwarder in order to fulfill an order, which may have been requested from us.
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.
Currently, our website utilizes a variety of different security measures designed to protect Personal Information by users both inside and outside TDMFC, 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
TDMFC takes all reasonable steps to insure 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.
TDMFC 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.
TDMFC may store your Personal Information in its databases located in the United States and/or other countries outside of Canada. Additionally, some of our service providers may reside in the United States or other countries outside of Canada 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 TDMFC.
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 Facsimile at: (203) 876-6690; by email at: firstname.lastname@example.org; or by mail at TACO DEL MAR® Franchising of Canada, 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-TDMFC Web Sites and Third Parties
Safe Harbor Compliance
FWH an affiliate of TDMFC, are 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:
- 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 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.
Further information regarding the Safe Harbor principles and certification process can be found at www.export.gov/safeharbor. TDMFC, while not self-certified with Safe Harbor, acknowledges the 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.
LAST UPDATED: TDMFC 12/06/10
Questions? If you have any questions about our privacy practices, please feel free to contact us at:
|Global HQU.S.A.||TEL 855-425-0868|
|1133 164th St SW Ste #201||FAX 206-624-7065|
|Lynnwood, WA 98087||E-MAIL email@example.com|