What must a Bananas Smoothies Frozen Yogurt franchisee do regarding privacy of customer information?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
- 23.04 Privacy. Franchisee shall abide by all applicable laws pertaining to privacy of information collected or maintained regarding customers or other individuals ("Privacy"), and shall comply with Franchisor's standards and policies pertaining to Privacy.
If there is a conflict between Franchisor's standards and policies pertaining to Privacy and applicable law, Franchisee shall: (a) comply with the requirements of applicable law; (b) immediately give Franchisor written notice promptly of such conflict; and (c) and fully cooperate with Franchisor and Franchisor's counsel as Franchisor may request to assist Franchisor in Franchisor's determination regarding the most effective way, if any, to meet Franchisor's standards and policies pertaining to Privacy within the bounds of applicable law.
11.08 Franchisee's Protection of Personally Identifiable Information. Franchisee 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, and government-issued identification numbers ("Personal Information") in accordance with applicable laws and industry best practices. It is Franchisee's responsibility entirely (even if Franchisor provides Franchisee any assistance or guidance in this regard) to confirm that safeguards Franchisee 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 Franchisee becomes aware of a suspected or actual breach of security or unauthorized access involving Personal Information, Franchisee will notify Franchisor immediately of the breach or unauthorized access and specify the extent to which Personal Information was compromised or disclosed, and Franchisee's plans to correct and prevent any further breach or unauthorized access. Franchisee will allow Franchisor, in Franchisor's sole discretion, to provide advice on the course of Franchisee's corrective action.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, franchisees must adhere to all relevant privacy laws concerning the collection and maintenance of customer and individual data. Additionally, franchisees must comply with Bananas Smoothies Frozen Yogurt's standards and policies on privacy. This means a franchisee needs to understand and implement procedures to safeguard customer data according to both legal requirements and the franchisor's specific guidelines.
In case of a conflict between the franchisor's privacy standards and applicable law, the franchisee is obligated to follow the law. The franchisee must also promptly notify Bananas Smoothies Frozen Yogurt in writing about the conflict and fully cooperate with the franchisor and its legal counsel to determine the most effective way to meet the franchisor's standards within the bounds of the law. This ensures that the franchisee remains compliant while also aligning with the franchisor's overall privacy objectives.
Furthermore, Bananas Smoothies Frozen Yogurt requires franchisees to implement necessary administrative, physical, and technical safeguards to protect personally identifiable information (PII). This includes names, addresses, phone numbers, email addresses, employee identification numbers, signatures, passwords, financial information, credit card information, biometric or health data, and government-issued identification numbers. It is the franchisee's responsibility to ensure these safeguards comply with all applicable laws and industry best practices related to the collection, access, use, storage, disposal, and disclosure of Personal Information. If a data breach occurs, the franchisee must immediately notify Bananas Smoothies Frozen Yogurt and specify the extent of the breach and their plans for corrective action, allowing the franchisor to provide advice on the corrective measures.