What security standards must a Boulder Designs franchisee comply with regarding communication connections and access to financial and credit card information?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
which Franchisor deems to be of importance to the successful operation of any particular BOULDER DESIGNS Business. Franchisor shall not be required to disclose or grant to Franchisee a like or similar variance.
Section 10.4 Data Security and Privacy
Data Security and Privacy. Franchisee must comply with all applicable federal, state and local laws, rules, and regulations regarding data security, protection, and privacy, including, without limitation and if applicable, the California Consumer Privacy Act ("CCPA"), Cal. Civ. Code § 1798.100, et seq. Franchisee must comply with any privacy policies, data protection polices, and breach response policies that Franchisor periodically may establish. Franchisee must notify Franchisor immediately regarding any actual or suspected data breach at or in connection with the Franchised Business. Further, whenever and to the extent Franchisee operates as a "Service Provider" under the CCPA or in a similar capacity under any other applicable federal, state, or local privacy law, Franchisee represents, warrants, and covenants that:
- (1) Franchisee will not sell, make available or otherwise disclose any customer's "Personal Information" (as defined in the CCPA) to any third party for valuable consideration;
- (2) Franchisee will retain, use, or disclose Personal Information only for the specific purpose of performing the services specified in this Agreement, and not any commercial or noncommercial purpose other than providing the services specified in this Agreement;
- (3) Franchisee will not retain, use, or disclose Personal Information outside of the direct business relationship between Franchisee and Franchisor;
- (4) Franchisee will delete any Personal Information upon Franchisor's request unless Franchisee can prove that such request is subject to an exception under applicable law; and
- (5) Franchisee certifies that it understands and will fully comply with the restrictions of this section. Franchisee also acknowledges and agrees that Franchisor may modify the restrictions by written notice to Franchisee, including adding other similar privacy restrictions that may be required under other federal, state, or local privacy laws.
ARTICLE 11 - ADVERTISING AND PROMOTIONAL ACTIVITIES
Section 11.1 Local Advertising
Franchisee shall continuously promote the Franchised Business through Local Advertising and participate in any local marketing and promotional programs Franchisor establishes from time to time which includes a graphics package for use on Franchisee's vehicles as specified in the Manuals.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, franchisees must adhere to specific data security and privacy standards. Franchisees are required to comply with all applicable federal, state, and local laws, rules, and regulations regarding data security, protection, and privacy, including the California Consumer Privacy Act (CCPA) if applicable. Additionally, franchisees must follow any privacy policies, data protection policies, and breach response policies that Boulder Designs may periodically establish.
Franchisees are obligated to notify Boulder Designs immediately of any actual or suspected data breach at or in connection with their franchised business. They are also responsible for protecting themselves from disruptions, internet access failures, internet content failures, and attacks by hackers or other unauthorized intruders. Boulder Designs may designate the information system used in the franchise, including computer hardware, software, and other equipment.
Furthermore, franchisees must purchase, install, update, upgrade, and use computer, credit card processing systems, surveillance systems, point-of-sale systems, software, and phone systems according to Boulder Designs' specifications listed in the manuals. The computer system and/or POS must be dedicated to the Boulder Designs business and used for no other purpose. Franchisees release Boulder Designs from any claims arising from the installation, maintenance, or operation of the information system and its billing and payment processing.