Does Black Bear Diner require franchisees to use a specific computer system?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor. 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.
Franchisor and Franchisee agree that changes to technology are dynamic and are not predictable within the term of this Agreement. Franchisee agrees that Franchisor may establish from time-to-time in the Manual or otherwise in writing reasonable new standards for the implementation of technology in the System. Franchisee agrees to comply with any reasonable new standard for technology that is developed by Franchisor.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, franchisees are required to use a computer system that allows Black Bear Diner access for downloading information. The franchisee must configure the computer system to provide complete, continuous, and unfettered access to all information it generates and collects. As part of the computer system, franchisees must maintain firewall protection using a managed configuration to monitor and restrict all inbound traffic to the franchisee's network, ensuring it meets proper security protocols.
Black Bear Diner franchisees are solely responsible for protecting themselves from disruptions such as Internet access failures, content failures, and attacks by hackers or unauthorized intruders. Franchisees also waive any claims against Black Bear Diner resulting from such 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 protection and breach response policies established by Black Bear Diner. Franchisees are obligated to immediately notify Black Bear Diner of any suspected data breach at or in connection with the franchised restaurant.
The agreement between Black Bear Diner and its franchisees acknowledges that technology is dynamic and unpredictable. Therefore, Black Bear Diner may establish new standards for technology implementation within the system, which franchisees must comply with if deemed reasonable. This ensures that all Black Bear Diner locations maintain consistent technological standards and security measures, adapting to changes in technology over time.