Does Buns On Fire have the right to retrieve data and information from a franchisee's computers?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING]
You will arrange for broadband Internet service to facilitate electronic communication between us and you and maintain a high-speed internet connection attached to the POS system with a static IP address at all times, at your sole cost. You agree to give us, and acknowledge that we shall have, the free and unfettered right to retrieve any data and information from your computers as we deem appropriate, including electronically polling the daily information and other data of the Franchise Business. Your system must be interfaced with the system that we maintain at our offices and we will be able to access your registers to determine your daily receipts. There are no contractual limitations on our independent access to the information and data stored on the required cash register / computer system. You must obtain, provide to us, and maintain an email address in order to allow us to communicate with you electronically and you must immediately advise us of any change in your email address.
All data that you provide, that we download from your system, and that we otherwise collect from you is owned exclusively by us, and we will have the right to use that data in any way that we deem appropriate without compensating you.
You must make such additions, upgrades, changes, modifications, substitutions and replacements to your computer hardware, software, telephone and power lines or other computer-related facilities as we may direct, and on the dates and within the times we specify. There are no contractual limitations on our right to require you to obtain upgrades and/or modifications, or the cost of these upgrades and/or modifications to you. Upon termination or expiration of the Franchise Agreement, any computer software, discs, drives and other storage media we provide must be returned to us in good condition, excepting normal wear and tear.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 25–33)
What This Means (2025 FDD)
According to Buns On Fire's 2025 Franchise Disclosure Document, Buns On Fire has the right to retrieve data and information from a franchisee's computers. The FDD states that franchisees must provide Buns On Fire with the "free and unfettered right to retrieve any data and information from your computers as we deem appropriate, including electronically polling the daily information and other data of the Franchise Business." This includes access to the franchisee's registers to determine daily receipts. There are no contractual limitations on Buns On Fire's independent access to this information.
Furthermore, all data that franchisees provide, that Buns On Fire downloads from their systems, and that Buns On Fire otherwise collects is owned exclusively by Buns On Fire. Buns On Fire has the right to use that data in any way that they deem appropriate without compensating the franchisee.
This means that Buns On Fire franchisees must maintain a high-speed internet connection attached to the POS system with a static IP address at all times to facilitate this data retrieval. Franchisees are also obligated to make any additions, upgrades, changes, modifications, substitutions, and replacements to their computer hardware, software, telephone and power lines or other computer-related facilities as Buns On Fire may direct. There are no contractual limitations on Buns On Fire's right to require these upgrades or modifications, or on the cost to the franchisee.