What are the specific training requirements for Better Blend franchisees related to using the required computer systems (Item 11), and how do these requirements relate to the franchisee's obligations to maintain data security (Item 9)?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
"Technology" means point-of-sale systems, back-office systems, information management systems, customer-facing software, and other software, computers, computer peripheral equipment, cash registers, smartphones, tablets and similar equipment, communications systems (including email, audio, and video systems); backup and archiving systems; payment acceptance systems (including credit and debit card systems, check verification services, and other payment systems, as well as any compliance programs relating to those systems), and internet access, as well as upgrades, supplements, and modifications to any Technology.
Franchisee shall acquire and use all Technology required by BBF.
BBF has the right to prohibit Franchisee from using any Technology which is not approved or required by BBF.
Franchisee shall enter into any subscription and support agreements related to the Technology that BBF may require.
Franchisee shall upgrade, update, or replace any Technology from time to time as BBF may require.
Franchisee shall protect the confidentiality and security of all Technology, and Franchisee shall abide by any System Standards related thereto.
Franchisee shall give BBF unlimited access to Franchisee's Technology used in the Business, by any means designated by BBF.
Despite Franchisee's obligation to acquire and use Technology according to System Standards, Franchisee has sole and complete responsibility for: (a) acquiring, operating, maintaining, and upgrading Franchisee's Technology; (b) the manner in which Franchisee's Technology interfaces with BBF's and any third party's computer system; (c) any and all consequences if Franchisee's Technology is not properly operated, maintained, and upgraded; (d) complying at all times with the most current version of the Payment Card Industry Data Security Standards, and (e) complying at all times with all laws governing the use, disclosure, and protection of Privacy Information.
- "Data Security Event" means any act, both actual or suspected, that initiates either internally or from outside the Business' computers, point-of-sale terminals, and other technology or networked environment and violates any laws or explicit or implied security policies, including attempts (either failed or successful) to gain unauthorized access (or to exceed authorized access) to the System, other Better Blend businesses, or their data or to view, copy, or use Privacy Information or Confidential Information without authorization or in excess of authorization; unwanted disruption or denial or service; unauthorized use of a system for processing or storage of data; and changes to system hardware, firmware, or software characteristics without BBF's knowledge, instruction, or consent.
With respect to all Confidential Information, Guarantor shall (a) adhere to all security procedures prescribed by BBF for maintaining confidentiality, (b) disclose such information to its employees only to the extent necessary for the operation of the Business, (c) not use any such information in any other business or in any manner not specifically authorized or approved in writing by BBF, (d) exercise the highest degree of diligence and make every effort to maintain the confidentiality of all such information during and after the term of the Franchise Agreement, (e) not copy or otherwise reproduce any Confidential Information, and (f) promptly report any unauthorized disclosure or use of Confidential Information.
Guarantor acknowledges that all customer data collected or generated by the Business and all data collected or generated by the point-of-sale system (other than data regarding employees) is Confidential Information belonging to BBF.
What This Means (2024 FDD)
Based on the 2024 Better Blend Franchise Disclosure Document, the specific training requirements for computer systems are not detailed in Item 11. However, franchisees are required to acquire and use all technology that Better Blend specifies, and they must enter into any subscription and support agreements related to that technology. Franchisees are also obligated to upgrade or replace technology as Better Blend requires. The term 'Technology' includes point-of-sale systems, back-office systems, information management systems, customer-facing software, computers, and payment acceptance systems.
Better Blend franchisees are responsible for protecting the confidentiality and security of all technology used in their business and must abide by any System Standards related to it. Better Blend retains the right to access the franchisee's technology. While franchisees are responsible for acquiring, operating, and maintaining their technology, they must also ensure it properly interfaces with Better Blend's and any third party's computer systems. They are solely responsible for any consequences if their technology is not properly maintained or upgraded.
Furthermore, Better Blend franchisees must comply with the Payment Card Industry Data Security Standards and all laws governing the use, disclosure, and protection of Privacy Information. A 'Data Security Event' is defined as any act that violates security policies, including unauthorized access to the system or data. Franchisees are also required to adhere to all security procedures prescribed by Better Blend for maintaining confidentiality and must report any unauthorized disclosure or use of confidential information. All customer data collected by the point-of-sale system is considered Confidential Information belonging to Better Blend.