Yum! Brands, Inc. and its global subsidiaries and affiliates, including, but not limited to, Pizza Hut Holdings, LLC, KFC Corporation, Taco Bell Corp and Taco Bell of America, LLC. (“Yum”) provides a variety of websites (each a “Site”) for use by members of the Yum System in connection with human resources administration functions, including recruitment, employment, training and talent management. Access to certain Sites may be limited only to authorized individuals who are current employees or contractors of Yum or its affiliates or franchisees and/or approved agencies or consultants of Yum. Yum, together with independently owned and operated franchisees, is collectively referred to as the “Yum System”.
Collecting and Processing Personal Information
Information You Provide
For purposes of this Policy we define “Personal Information” as data about an identified or identifiable individual that are within the scope of the applicable EU or Swiss law or regulation, received by an organization in the United States from the EU or Switzerland, and recorded in any form.
In order to administer the Site effectively, Yum collects a variety of information about you and/or your family. This may include your name, address, date/place of birth, work and/or personal e-mail, phone number, appropriate identification number (either issued by a Yum System member or governmental authority), emergency contact information and similar information, as well as all the Personal Information related to specific uses of the Site (e.g. training which you receive via the Learning Zone). We may also collect other information which is relevant to the purposes we describe in this Policy.
Automatically Collected Information
We also collect Personal Information automatically via your use of the Site. As you navigate the Site, we may also collect information through the use of commonly-used information-gathering tools, such as cookies and web beacons (collectively “Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Site (such as the web pages viewed and the links clicked).
Your knowledge of and consent to Yum’s collection, use and disclosure of your Personal Information is important. We rely on the following actions by you as indications of your consent to our existing and future Personal Information practices:
- Your voluntary provision of Personal Information to us directly;
- Your express consent or acknowledgement contained within a written, verbal or electronic application process; and
- Your verbal consent solicited by Yum (or our agent) for a specified purpose.
Where Yum relies on consent for the fair and lawful processing of Personal Information, the opportunity to consent will be provided when the Personal Information in question is collected. Your consent may be given through your authorized representative such as a legal guardian, agent or holder of a power of attorney.
Yum maintains servers and other storage facilities in the United States. As a consequence of your use of the site, your Personal Information may be used or stored in the United States. By using the Site you hereby affirmatively consent to the processing of your Personal Information in a country which may not have the same level of privacy protection as your country of residence. Should you withdraw this consent, you agree that you will not use or visit the Site subsequent to your withdrawal of such consent.
Subject to certain legal or contractual restrictions and reasonable notice, you may withdraw this consent at any time. Yum will inform you of the consequences of withdrawing your consent. In some cases, refusing to provide certain Personal Information or withdrawing consent for Yum to collect, use or disclose your Personal Information could mean that we cannot provide the requested services or information for you, for example, with respect to employment a member of the Yum System would not be able to continue to consider you for relevant employment opportunities.
If you wish to withdraw your consent please refer to the contact information section below.
There are a number of instances where Yum does not require your consent to engage in the processing or disclosure of Personal Information. Yum may not solicit your consent for the processing or transfer of Personal information for those purposes which have a statutory basis, such as where:
- The transfer or processing is necessary for the performance of a contract between you and Yum (or one of its affiliates);
- The transfer or processing is necessary for the performance of a contract, concluded in your interest, between Yum (or one of its affiliates) and a third party;
- The transfer or processing is necessary, or legally required, on important public interest grounds, for the establishment, exercise, or defense of legal claims, or to protect your vital interests; or
- The transfer, processing and/or disclosure is in response to a lawful request by public authorities, including to meet national security or law enforcement requirements; or
- The transfer or processing is required by applicable law.
ACCOUNTABILITY FOR ONWARD TRANSFER
As noted above, Yum may share an individual's information with contractors, government agencies and/or partners of Yum in connection with services that these individuals or entities perform for, or with, Yum or members of the Yum System. When your Personal Information is transferred to service providers, it is done under a contract which requires the companies to use the shared Personal Information only for the limited purposes for which it is provided to them, not to transfer the Personal Information to another party, and to agree to hold the information securely and confidentially. To the extent possible, all third parties to whom we disclose information are required by law and contractual undertakings to keep your Personal Information confidential and secure, and to use and disclose it only for purposes necessary for the performance of their obligations to Yum, or where a reasonable person would consider such processing appropriate in the circumstances.
DATA INTEGRITY AND PURPOSE LIMITATION
Yum will collect, use, or disclose Personal Information that is necessary for the purposes as described in this Policy, or as permitted by law. If we require Personal Information for any other purpose, you will be notified of the new purpose, and subject to your consent (where appropriate), that new purpose will be included as a purpose included in this Policy.
Yum takes reasonable steps to ensure that Personal Information is reliable for its intended use; as well as being current, accurate, and complete. As part of maintaining Personal Information which is accurate, current, and complete; we need your help. If you know that your Personal Information which you have provided to us is no longer accurate or complete, please let us know by updating your Personal Information on the Site, or contacting us via the point of contact described below. Yum cannot be responsible for the accuracy or completeness of information whose source Yum does not control.
We will normally retain Personal Information as long as necessary for the fulfillment of the purposes identified in this Policy. However, some Personal Information may be retained for longer periods as required by law, contract, or auditing requirements.
You have the right to reasonable access to review your Personal Information, and, if you believe the information is incorrect, the ability to correct the information.
With regard to the Learning Zone database, if you believe any of your Personal Information is incorrect, contact your manager. Your employer, Yum and its service providers will take reasonable steps to assist in the correction, amendment, or deletion of the Personal Information that is demonstrated to be inaccurate or incomplete.
With regard to recruitment/employment sites you control the accuracy of your Personal Information. If you applied for a restaurant position, your application is active for 90 days in Yum’s application system. You may update your Personal Information by completing a new application. Conversely, if you applied for a position other than at a restaurant, you may update your Personal Information or review your Personal Information that Yum has on record, by contacting HZAdministrator@yum.com. Please note that this email address is only for inquiries related to the application process.
For other Sites, please contact the Yum Privacy Department as noted in the contact section below.
There are some circumstances where Yum cannot grant an individual access to Personal Information. Yum will not provide access or correction rights to an individual where the granting of such access or correction rights will impose a burden on Yum to provide such access or correction that is disproportionate to the risk to the individual’s privacy; or where the access to the individual’s Personal Information places another individual’s privacy rights at risk. If Yum does not allow the individual the right of access or correction under this section, we will provide the impacted individual with the reasons why they are not permitted such access.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of your Personal Information, Yum has put in place, and has required its service providers to put in place, certain reasonable physical, electronic, managerial and security procedures to safeguard and secure the Personal Information collected through the Site. It is very important that you maintain the secrecy of your password. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
JURISDICTION AND ENFORCEMENT
DISPUTE RESOLUTION AND RECOURSE
Additional Provisions Relating to Existing Employees’ Use of Employment/Recruitment Sites
- Use of Personal Information
If you apply for a position through the Site, your employer may contact your HR Manager and/or your supervisors as part of evaluating your qualifications for the position(s) applied for.
- Access to and Correcting Information
If you applied for a position other than in a restaurant, as an alternative to updating your Personal Information, you may contact HZAdministrator@yum.com to access or correct any Personal Information submitted through this Site.
Any questions or concerns you have regarding the use or disclosure of Personal Information related to the application and hiring process through this Site should be directed to firstname.lastname@example.org.
CHANGES TO THIS POLICY
Remember, use of the Site is limited to internal, authorized use only. By registering with the Site, you agree that you will use any information or materials that you receive as part of the program only in connection with your employment and for no other purpose.
The Site and all training materials including, but not limited to, text content, photographs, video, audio and graphics, and business management tools accessed through the Site are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. You are permitted to use the materials solely for the purposes of your employment. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with this Website are owned by Yum! Brands, Inc. and/or the Brands or their respective owners. You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Site.
The Site may also contain references to other company, brand and product names. Any company, brand and product names used herein are for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Site are either the property of, or used with permission by the Yum System. The Yum System may be, but is not necessarily, sponsored by or affiliated with any of the owners of the other company, brand or product name appearing on the Site and makes no representations about them, their owners, their products or services.
The graphic images, buttons and text contained within the Site are the exclusive property of Yum or its licensors and may not be copied, distributed, or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Yum. The content, arrangement and layout of the Site including, but not limited to, the trademarks, service marks, package designs, text, and content, are proprietary and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Yum.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Site, or trademarks, service marks, or trade dress found within the Site may violate civil or criminal laws including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Unauthorized use may also subject you to disciplinary action, up to and including termination of employment.
By visiting the Site you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site.
Unless expressly stated on the Site in the section you are accessing and when used solely in connection with your employment, none of the material on or accessed through the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of Yum. Notwithstanding the above, you may print out content from the Site for your own personal use in connection with your training, provided you do not publish, copy or otherwise re-transmit or disclose what you have printed out from the Site without Yum’s prior written permission.
Your Account and Password
When you register on the Site, you are required to choose a new user name and password. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORDS. You are responsible for all use of the Site by anyone using your login identification, your password and any security lock code that you use to protect access to your data. You acknowledge that your user name and password are to be kept confidential and you agree to accept full responsibility and indemnify the Yum System, Yum’s Vendors and service providers and your employer for all activities that occur under your password or user name. You agree to: (a) immediately notify Yum and your employer of any unauthorized use of your password, user name, or account or any other breach of security related to the Site, and (b) ensure that you exit from your account at the end of each session.
Disclaimer of Warranties
YUM STRIVES TO ENSURE THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE AND RELIABLE. PLEASE UNDERSTAND, HOWEVER, THAT WE PROVIDE THIS SITE “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIALS INCLUDED ON OR GENERATED BY THE SITE, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YUM AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE, INCLUDING WITHOUT LIMITATION THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. YUM AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR INJURIES CAUSED BY USE OF THIS SITE (SUCH AS VIRUSES, OMISSIONS OR MISSTATEMENTS). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YUM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YUM MAY FROM TIME TO TIME REVISE THE INFORMATION, SERVICES AND THE RESOURCES CONTAINED IN THIS SITE AND RESERVES THE RIGHT TO MAKE SUCH CHANGES WITHOUT ANY OBLIGATION TO NOTIFY PAST, CURRENT OR PROSPECTIVE VISITORS OR APPLICANTS. IN NO EVENT SHALL YUM AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YUM AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YUM AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RESULTING FROM OR IN ANY WAY CONNECTED WITH: (A) THE USE OR THE INABILITY TO USE, ANY DELAY IN, OR THE PERFORMANCE OF THE SITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (D) ANY OTHER MATTER RELATING TO THE SITE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
Technology/Use By Franchisees/Others
You must choose correct technology requirements when using this site. Franchisees are solely responsible for technology requirements chosen by their employees or contractors or consultants. Yum and its parent, affiliates, subsidiaries shall not be liable or otherwise responsible for any issues, claims or damages resulting from Franchisee’s failure to use or select the correct technology requirements for this site.
No Unlawful or Prohibited Use
the Site is for use only by authorized employees and others for employment training purposes. Hourly employees must take training only during scheduled work hours. You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You agree not to post or submit on the Site any material that (a) is false, inaccurate or deceptively misleading; (b) infringes on the copyrights, trade secret, trademark or other intellectual property rights of any third parties; (c) violates the privacy or publicity rights of others; (d) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another party; and/or (e) impersonates another person. You further agree not to submit any materials that contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You may not attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy pages of the Site or the content contained herein without Yum’s express prior written permission.
As a convenience to you, the Site may link to sites not maintained or related to the Yum System. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this website or the Yum System. The Yum System has not reviewed any or all of the sites hyperlinked to or from this website and does not endorse and is not responsible for the content of any other sites. The links are to be accessed at the user’s own risk and the Yum System makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to the Site. Yum reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the contents of any other Internet sites linked to the Site. You may not “mirror” or “frame” any material contained in the Site without Yum’s express prior written permission.
User Materials Provided or Posted on the Site.
By posting, uploading, inputting, providing or submitting any materials (including feedback and suggestions), you grant Yum permission to use your submission including, without limitation, the license to copy, distribute, transmit, publicly display, perform, reproduce, edit, modify, translate, and reformat your submission; and the right to sublicense such rights to any of our agents or service providers. You understand and agree that no compensation will be provided for your submission, and that there is no guarantee or representation regarding employment as a result of any submission. Yum and your employer make no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of its users.
The laws of the Commonwealth of Kentucky, United States of America govern these Terms in all respects, without regard to its conflicts of law rules. Your conduct may be subject to other laws. You expressly agree that exclusive jurisdiction of the state or federal courts of Louisville, Kentucky, Dallas, Texas or Orange County, California (determined by location of Yum or the Brand primarily interested in the dispute, as designated by Yum or a Brand if you so request) over any dispute arising from your use of the Site. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these terms and conditions must be filed within one (1) year after such claim or cause of action arose. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
These Terms constitute the entire agreement between you and the Yum System with respect to the use of the Site. If any provision of these Terms is declared invalid or unenforceable, such provision shall be struck from the Terms and the remaining provisions shall be given full force and effect.
We may update these Terms at any time to reflect changes in our business/training practices. If we make any material changes in the Terms we will notify you by means of a notice on this site prior to the change becoming effective.