How does Black Bear Diner access a franchisee's computer system to download information?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to permit Franchisor to access, by modem, Internet, or otherwise the computer system for the purpose of downloading information from Franchisee's computer system. Franchisee must configure and constitute its computer system so that Franchisor has complete, continuous, and unfettered access to all information the computer system generates and collects. As part of the Computer System, Franchisee agrees to maintain firewall protection by use of a managed configuration to monitor and restrict all inbound traffic to Franchisee's network which does not meet proper security protocol. Franchisee is solely responsible for protecting itself from disruptions, Internet access failures, Internet content failures, and attacks by hackers and other unauthorized intruders and Franchisee waives any and all claims Franchisee may have against Franchisor as the direct or indirect result of such disruptions, failures or attacks. Franchisee must comply with all laws and regulations relating to privacy and data protection, and must comply with all privacy policies or data protection and breach response policies as Franchisor may periodically establish. Franchisee must notify Franchisor immediately of any suspected data breach at or in connection with the Franchised Restaurant.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, Black Bear Diner is permitted to access a franchisee's computer system to download information via modem, internet, or other means. The franchisee is required to configure their computer system to provide Black Bear Diner with complete, continuous, and unfettered access to all information generated and collected by the system.
As part of the computer system setup, franchisees must maintain firewall protection using a managed configuration to monitor and restrict inbound traffic that does not meet proper security protocols. However, the franchisee is solely responsible for protecting themselves from disruptions, internet access failures, internet content failures, and attacks by hackers or other unauthorized intruders. The franchisee also waives any claims against Black Bear Diner for disruptions, failures, or attacks.
Furthermore, franchisees must comply with all laws and regulations relating to privacy and data protection, including any privacy policies or data breach response policies established by Black Bear Diner. Franchisees are obligated to notify Black Bear Diner immediately of any suspected data breach at or in connection with the franchised restaurant. This ensures that Black Bear Diner can monitor the franchisee's operations and access necessary data while placing the onus of cybersecurity and data protection on the franchisee.