What is the Bath Tune Up franchisee's responsibility regarding the use of Privacy Information?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Privacy Information includes but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household: identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license or state identification card number, passport number, signature, physical characteristics or description, telephone number, insurance policy number, bank account number, credit card number, debit card number or any other financial information, medical information or health insurance information; characteristics of protected classifications under state or federal law; commercial information, including records of personal property, products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies; biometric information; Internet or other electronic network activity information including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement; geolocation data; audio or electronic information; professional or employment-related information; education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 USC § 1232g; 34 CFR Part 99); and inferences drawn from any of the information identified in this subsection to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes. "Personal Information" does not include publicly available information that is lawfully made available to the general public from federal, state or local government records. "Publicly available" does not mean biometric information collected by a business about a consumer without the consumer's knowledge. "Privacy Law" means any local, state or federal data privacy or data security law or regulation.
- (b) Use of Privacy Information.
In no circumstances shall Franchisee or Franchisor ever sell the Privacy Information.
Franchisee further agrees not to access, use or process the Privacy Information, except in the furtherance of its rights and obligations under this Agreement but at all times in compliance with Privacy Law.
Franchisee shall be solely liable for any and all violations of Privacy Law that may arise from its failure to comply with this provision.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, franchisees have specific responsibilities regarding the handling of "Privacy Information." This information includes any data that can identify or be linked to a consumer or household, such as names, addresses, online identifiers, financial details, medical information, and even inferences drawn from such data. It explicitly excludes publicly available information lawfully accessible from government records. Franchisees must adhere to all local, state, and federal data privacy and security laws, referred to as "Privacy Law."
The Bath Tune Up franchisee is strictly prohibited from selling Privacy Information under any circumstances. Furthermore, franchisees are only allowed to access, use, or process Privacy Information to fulfill their obligations and exercise their rights as outlined in the Franchise Agreement. All such activities must be conducted in full compliance with Privacy Law. This means franchisees must implement and maintain appropriate security measures to protect this sensitive data from unauthorized access, use, or disclosure.
The FDD emphasizes that the Bath Tune Up franchisee bears sole liability for any violations of Privacy Law resulting from their failure to comply with these provisions. This highlights the importance of understanding and adhering to all applicable privacy regulations. It is crucial for prospective franchisees to consult with legal counsel to ensure they fully understand their obligations and implement appropriate policies and procedures to safeguard Privacy Information. Failing to do so could result in significant legal and financial repercussions.