What are the obligations of a Bumper Man franchisee regarding compliance with privacy laws during the term of the franchise agreement?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Privacy Laws. Franchisee will abide by all privacy laws and comply with Franchisor's policies pertaining to privacy laws at all times during the Term. If there is a conflict between Franchisor's policies pertaining to privacy laws and applicable statutory privacy laws, Franchisee will comply with the requirements of the applicable statutory privacy laws, immediately provide Franchisor with written notice of said conflict and promptly and fully cooperate with Franchisor and its counsel in determining the most effective way, if possible, to satisfy Franchisor's policies within the bounds of applicable statutory privacy laws.
- (e) Customer Data. All information, mailing lists and databases of Customer Data from whatever source derived, will be Franchisor's property. Franchisee will not use such information, except in connection with the Business in accordance with this Agreement. Franchisee will not use, process, copy, display, publish, store or transfer the Customer Data without Franchisor's written approval. Franchisee will fully comply with all Applicable Law with respect to Customer Data in accordance with Sections 9(b) and 9(c).
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, franchisees must abide by all privacy laws and comply with Bumper Man's policies pertaining to privacy laws throughout the term of the franchise agreement. If there is a conflict between Bumper Man's policies and applicable statutory privacy laws, the franchisee is obligated to comply with the statutory privacy laws.
Furthermore, the franchisee must immediately provide Bumper Man with written notice of any such conflict and fully cooperate with Bumper Man and its counsel to determine the most effective way to satisfy Bumper Man's policies within the bounds of the applicable statutory privacy laws.
All customer data, including information, mailing lists, and databases, regardless of the source, is the property of Bumper Man. Franchisees are only allowed to use this information in connection with the Bumper Business as outlined in the franchise agreement. Franchisees are prohibited from using, processing, copying, displaying, publishing, storing, or transferring customer data without Bumper Man's written approval. The franchisee must also fully comply with all applicable laws regarding customer data, as detailed in other sections of the agreement.