Who is responsible for providing notices of breach or compromise concerning customers of the franchised Aplus business?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
You assume all responsibility for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the franchised business, unless otherwise directed by us.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, AND TRAINING (FDD pages 40–47)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the franchisee is primarily responsible for providing notices of breach or compromise concerning customers of the franchised Aplus business. The franchisee also assumes all duties to monitor credit histories and transactions concerning customers.
However, there is an exception to this rule. Aplus may direct the franchisee to relinquish this responsibility, in which case Aplus would assume the responsibility for providing notices of breach or compromise and monitoring credit histories and transactions.
It is important for a prospective Aplus franchisee to understand their obligations regarding data security and customer notification. They should clarify with Aplus under what circumstances Aplus would direct them to relinquish these responsibilities and what support Aplus would provide in such a case. The franchisee is also responsible for promptly identifying and remediating the source of any security breach at their own expense.