Does the Anago agreement specify who is responsible for the backup of the data?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
Section. Subfranchisor agrees that this agreement is strictly confidential and that no part or exhibit of this agreement may be discussed nor presented in any form to any person, entity or agency outside of AFI, Inc. unless required by local, state or federal law.
Section 3.9 - Information Security
Subfranchisor must implement all administrative, physical and technical safeguards necessary to protect any information that can be used to identify an individual, including names, addresses, telephone numbers, e-mail addresses, employee identification numbers, signatures, passwords, financial information, credit card information, biometric or health data, governmentissued identification numbers and credit report information ("Personal Information") in accordance with applicable law and industry best practices. It is entirely Subfranchisor's responsibility (even if Franchisor provides Subfranchisor any assistance or guidance in that regard) to confirm that the safeguards Subfranchisor uses to protect Personal Information comply with all applicable laws and industry best practices related to the collection, access, use, storage, disposal and disclosure of Personal Information. If Subfranchisor becomes aware of a suspected or actual breach of security or unauthorized access involving Personal Information, Subfranchisor will notify Franchisor immediately and specify the extent to which Personal Information was compromised or disclosed.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to the 2025 Anago Franchise Disclosure Document, the agreement does not explicitly state who is responsible for data backup. However, it does specify that the Subfranchisor is responsible for implementing all administrative, physical, and technical safeguards necessary to protect any information that can be used to identify an individual, including names, addresses, telephone numbers, e-mail addresses, employee identification numbers, signatures, passwords, financial information, credit card information, biometric or health data, government-issued identification numbers and credit report information (“Personal Information”) in accordance with applicable law and industry best practices.
This implies that while Anago does not directly mandate data backups, the franchisee (Subfranchisor) is responsible for securing personal information, which may necessitate data backup procedures as part of a comprehensive security strategy. The Subfranchisor must also notify Anago immediately if they become aware of a suspected or actual breach of security or unauthorized access involving Personal Information, and specify the extent to which Personal Information was compromised or disclosed.
Given this emphasis on data security and the absence of explicit instructions regarding data backup, prospective Anago franchisees should seek clarification from Anago regarding recommended or required data backup procedures to ensure compliance with data protection obligations under the franchise agreement.