If a Boulder Designs franchisee suspects a security breach, what immediate action is required?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
nate in the Manual including, but not limited to, www.boulderdesigns.net, which Mogavero Investments, LLC, has licensed to Franchisor the right to utilize the foregoing domain name(s).
Section 6.8 Approved Information System
Franchisor may designate the information system used in Franchisee's BOULDER DESIGNS franchise, including the computer hardware, software, other equipment and enhancements (the "Information System"). In such event, in connection with the approved Information System, Franchisee agrees to the provisions set forth below. If Franchisee suspects or know of a security breach, Franchisee must immediately give notice of such security breach and promptly identify and remediate the source of any compromise of security breach at your expense. Franchisee assumes all responsibility for providing all notices of beach or compromise and all duties to monitor credit histories and transactions concerning customers of the BOULDER DESIGNS franchise, unless otherwise directed by the Franchisor.
Franchisee shall be 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 the Franchisor or its affiliates as the direct or indirect result of such disruptions, failures, or attacks. If Franchisee suspects or know of a security breach, Franchisee must immediately give notice of such security breach and promptly identify and remediate the source of any compromise of security breach at Franchisee's sole expense. Franchisee assumes all responsibility for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the BOULDER DESIGNS franchise, unless otherwise directed by the Franchisor.
Franchisee hereby release and agree to hold the Franchisor and its affiliates, and Franchisor's respective officers and directors, harmless from and against any and all claims, liability, damages, or causes of action of any nature arising from, or in connection with, the installation, maintenance, or operation of the information system and its billing and payment processing.
Section 6.9 Ownership of Information
All of the information Franchisor or its affiliates obtain from Franchisee or about Franchisee's BOULDER DESIGNS franchise, and all information in Franchisee's records or Franchisors concerning the members of Franchisee's BOULDER DESIGNS franchise (the "Information") and all revenues we derive from the Information will be our property.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, if a franchisee suspects or knows of a security breach, they must immediately notify Boulder Designs of the breach. The franchisee is also required to promptly identify and remediate the source of the security breach at their own expense.
Furthermore, the Boulder Designs franchisee assumes all responsibility for providing all notices of breach or compromise. They are also responsible for all duties to monitor credit histories and transactions concerning customers of their Boulder Designs franchise, unless Boulder Designs directs otherwise.
In addition to these specific requirements, the franchisee must comply with all applicable federal, state, and local laws, rules, and regulations regarding data security, protection, and privacy. This includes compliance with any privacy policies, data protection policies, and breach response policies that Boulder Designs may periodically establish. The franchisee must also notify Boulder Designs immediately regarding any actual or suspected data breach at or in connection with the franchised business.