Does the Anago agreement specify that the Subfranchisor is responsible for the security of the Software, collected data, and Related Materials regardless of any assistance provided by Anago?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
l 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.
Section 3.10 - Obligation to Mentor
Subfranchisor agrees that it will make its office available as a training center and provide instruction for new or other current Anago subfranchisors as Franchisor reasonably requests. Franchisor will have the right to approve the individual providing the training. Franchisor will reimburse Subfranchisor for reasonable lunch or dinner expenses related to the training of other Anago subfranchisors.
Section 3.11 - Use of Designated Suppliers.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the subfranchisor bears the responsibility for information security, irrespective of any assistance or guidance provided by Anago. The subfranchisor must implement all necessary administrative, physical, and technical safeguards to protect personal information, including names, addresses, phone numbers, email addresses, employee identification numbers, signatures, passwords, financial information, credit card information, biometric or health data, government-issued identification numbers, and credit report information. This obligation is in accordance with applicable law and industry best practices.
It is the subfranchisor's responsibility to ensure that the safeguards used 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. In the event of a suspected or actual breach of security or unauthorized access involving personal information, the subfranchisor is required to immediately notify Anago and specify the extent to which personal information was compromised or disclosed.
Furthermore, Anago states that it will maintain safeguards, firewalls, and any measures deemed necessary to protect its proprietary property and information collected from the subfranchisor through the use of the Software that is stored within Anago's designated servers. However, Anago is not responsible for any loss or damages caused by a breach of security through the subfranchisor's computers, servers, or mobile devices. All data acquired by the Subfranchisor while using the NBDS System or through the operation of the Subfranchise is the exclusive property of Anago and may only be used within the system and may not be published in any form unless approved in writing by Anago.