What is the Augusta Lawn Care franchisee's responsibility to protect customers against data breaches?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You shall use your best efforts to protect your customers against any and all data breaches and cyber-events, including, without limitation, identity theft or theft of personal information (a "Data Security Breach"). If a Data Security Breach occurs, in the interest of protecting the goodwill associated with the Augusta Lawn Care brand and franchise system, Augusta Lawn Care hereby reserves the right to (but does not undertake the obligation to) directly or through its designee, perform or control any and all aspects of the response to such Data Security Breach, including, without limitation, the investigation, containment and resolution of the event and all communications with the franchise system, vendors and suppliers, customers, law enforcement agencies, regulatory authorities and the general public. You hereby acknowledge and agree that a Data Security Breach and/or any response to a Data Security Breach may impact operations of the Business, including, without limitation, interruption in operations. You hereby acknowledge and agree that neither Augusta Lawn Care nor any of its parents, affiliates, subsidiaries, owners, officers, directors, or employees shall be liable to You for any damages arising out of or resulting from any Data Security Breach or any action or inaction in response to a Data Security Breach. You shall at all times be compliant with all Payment Card Industry Data Security Standards, any and all requirements imposed by all applicable payment processors and payment networks, including credit card and debit card processors, and any and all state and federal laws, rules and regulations relating to data privacy, data security and security breaches. You hereby acknowledge and agree that if Augusta Lawn Care engages or designates a third party service provider to administer a data security program, you will be required to comply with the requirements of such service provider. It is your responsibility to ensure that you operate the Business at all times in compliance with all aforementioned laws, rules, regulations and requirements and you are strongly encouraged to engage legal, and data security professionals, including insurance providers to ensure your full compliance and adequate protection.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, franchisees are responsible for protecting customer data. Franchisees must use their best efforts to protect customers against data breaches and cyber-events, including identity theft or theft of personal information. Augusta Lawn Care retains the right, but not the obligation, to control the response to a data security breach to protect the brand's goodwill.
Augusta Lawn Care franchisees acknowledge that a data security breach or the response to it may interrupt business operations. Franchisees also acknowledge that Augusta Lawn Care is not liable for damages resulting from a data security breach or any action taken in response to one.
Furthermore, Augusta Lawn Care franchisees must comply with all Payment Card Industry Data Security Standards, requirements imposed by payment processors and networks, and all state and federal laws, rules, and regulations relating to data privacy, data security, and security breaches. If Augusta Lawn Care engages a third-party service provider to administer a data security program, franchisees must comply with that provider's requirements. It is the franchisee's responsibility to operate the business in compliance with all relevant laws, rules, regulations, and requirements. Augusta Lawn Care strongly encourages franchisees to engage legal and data security professionals, including insurance providers, to ensure full compliance and adequate protection.