Skip to main content

2.16 Proprietary and Non-Disclosure Agreement

Purpose

During employment with THE COMPANY, Team Members may have access to confidential, proprietary, or sensitive information. This information is a valuable asset of THE COMPANY and must be protected at all times. This Policy establishes each Team Member’s obligation to maintain confidentiality and prevent unauthorized disclosure or misuse.

 

Definition of Confidential and Proprietary Information

“Confidential Information” includes, but is not limited to:

Operational Information

  • SUBWAY® brand standards, manuals, or operational materials not intended for public distribution
  • Food preparation procedures, recipes, specs, and system guidelines
  • Security procedures, alarm codes, safe access, key-holder information, and cash handling processes
  • Vendor pricing, invoices, discounts, and supply chain information

Business Information

  • Financial information, sales reports, forecasts, labor reports, and performance data
  • Operational strategies, staffing plans, hiring practices, and scheduling systems
  • Internal policies, procedures, training materials, and management tools

Personnel Information

  • Team Member files, personal data, schedules, addresses, phone numbers, and employment information
  • Disciplinary records, evaluations, investigations, or accommodation information

Guest Information

  • Credit card slip details, customer complaints, recordings, or any personal data collected during service

Technology and System Information

  • POS system functions, login credentials, software access, passwords, or system configurations
  • Team Member handbooks, training documents, and confidential digital materials

This definition applies whether the information is written, digital, verbal, or observed through day-to-day work.

 

Team Member Obligations

Team Members must:

  • Maintain all Confidential Information in strict confidence
  • Use Confidential Information only for legitimate business purposes
  • Protect passwords, access credentials, and security information
  • Store physical and digital materials securely
  • Avoid discussing confidential matters in public or with unauthorized individuals
  • Return or destroy all confidential materials immediately upon request or upon separation from employment

Team Members are prohibited from:

  • Sharing, copying, photographing, recording, emailing, or texting confidential information
  • Allowing unauthorized persons (including friends, family, or former employees) to view confidential materials
  • Posting or sharing internal information on social media, messaging apps, or websites
  • Downloading, printing, or transferring Company materials for personal use
  • Using Company information for personal gain, competing businesses, or outside employment

These obligations apply during employment and indefinitely after employment ends.

 

Non-Disclosure Requirement

Team Members must not disclose Confidential Information to:

  • Other Team Members who do not have a business need to know
  • Vendors or contractors without authorization
  • Guests or members of the public
  • Friends, family members, or former coworkers
  • Competitors or anyone outside THE COMPANY

Disclosure is permitted only when authorized in writing by the Owner of THE COMPANY or when legally required by government or law enforcement (in which case THE COMPANY must be notified immediately).

 

Ownership of Materials

All Confidential Information, documents, training materials, digital files, videos, images, equipment, and content created or used during employment remain the exclusive property of THE COMPANY and/or SUBWAY® IP Inc. Team Members do not obtain any ownership rights.

Upon separation, resignation, or termination, Team Members must immediately return:

  • Keys, badges, or access cards
  • Paper files, printed materials, or handbooks not intended for personal retention
  • POS login cards or codes
  • All digital content, including screenshots, photos, or downloaded files
  • Any other Company property or confidential materials

 

Protected Rights and Exceptions

Nothing in this Policy restricts rights protected by law, including:

  • Filing a complaint with the EEOC, NLRB, OSHA, or other government agency
  • Discussing wages, hours, or working conditions as permitted under the NLRA
  • Reporting unlawful conduct, safety violations, discrimination, harassment, or retaliation
  • Participating in government investigations

However, even when exercising these rights, Team Members must not disclose:

  • Trade secrets
  • Personal data
  • Security information
  • Proprietary operational materials

unless disclosure is specifically authorized or required by law.

 

Consequences for Violations

Unauthorized disclosure, misuse, or mishandling of Confidential Information may result in:

  • Disciplinary action up to and including termination
  • Removal of access privileges
  • Legal action, including injunctions or damages where applicable under state or federal law

THE COMPANY will enforce confidentiality obligations both during employment and after employment ends.

 

Ongoing Effect

The confidentiality obligations in this Policy continue indefinitely, even after the termination of employment, regardless of the reason for separation.

Back to top