Does Brain Balance have the right to retrieve data from my computer system?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
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We have the right at any time, to independently retrieve, poll, and use for any purpose all data and information from your computer system as we, in our sole discretion, deem necessary or desirable, with the costs of such retrieval to be borne by us. This will include client information that is collected by us in a central location and may be transmitted to an approved research facility, with which we have a cooperative data sharing arrangement, for coordination, analysis, and publication. There are no contractual limitations on our right to access the information and data. To ensure full operational efficiency and optimum communication capability among computer systems installed by you, us, and other franchisees, you must, at your own expense, keep the computer system in good maintenance and repair, and promptly install such upgrades, additions, changes, modifications, substitutions, and/or replacements to the computer hardware, software, networking/connectivity devices and configurations, telephone and power lines, and other computer-related facilities as we may direct. There is no contractual limitation on the frequency and cost of these obligations (Franchise Agreement Section 18). We cannot estimate the cost of maintaining, updating, or upgrading your computer system or its components because it will depend on your repair history, local costs of computer maintenance services in your area, and technological advances, which we cannot predict at this time.
You may obtain your office computer hardware from any reputable supplier. You are not required to secure a computer maintenance contract, but you must ensure that all programs and applications running on your computer are legally licensed.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEM, AND TRAINING (FDD pages 36–47)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, Brain Balance has the right to retrieve data from a franchisee's computer system. Brain Balance can independently retrieve, poll, and use all data and information from the franchisee's computer system as they deem necessary or desirable. The costs associated with this retrieval will be borne by Brain Balance. This includes client information collected in a central location, which may be transmitted to an approved research facility for analysis and publication.
There are no contractual limitations on Brain Balance's right to access this information and data. Franchisees are responsible for maintaining their computer systems to ensure operational efficiency and communication capability. This includes promptly installing any upgrades, additions, changes, modifications, substitutions, or replacements to the computer hardware, software, networking devices, telephone and power lines, and other computer-related facilities as directed by Brain Balance. The FDD states that there is no contractual limitation on the frequency and cost of these obligations.
Brain Balance also retains the right to data ownership for everything related to their systems, programs, and operations. Franchisees must allow Brain Balance access to the software/application and its data, performing the actions required to permit Brain Balance to communicate with the software/application and to access and record it and its data, including the purchase, installation, and maintenance of appropriate communication hardware and software.