Is a Burneys Sweets More franchisee allowed to sell Personal Information?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
RS' REPORT
| (viii) Use of Personal Information. Franchisee warrants and represents and | |
|---|---|
| covenants that it shall not collect, use, store, process, or share Personal Information unless | |
| such action is permitted by (i) the terms of this Agreement, (ii) the terms of the Data | |
| Protection and Security Policies, (iii) the standards in the Brand Standards Manual, (iv) | |
| Privacy Laws, and if, applicable, (v) written approval of Franchisor. Franchisee shall | |
| collect, use, store, process, and share Personal Information only for purposes of operating | |
| the Shop. Franchisee shall not sell Personal Information. Franchisee shall not re-identify | |
| any Personal Information that has been de-identified. If Franchisee engages any vendor | |
| that will collect, use, store, process, or share Personal Information, Franchisee must | |
| contractually bind the vendor to the data protection obligations that Franchisor requires. |
DMG Burney, Inc.
Source: Item 23 — RECEIPT (FDD pages 50–199)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, franchisees are explicitly prohibited from selling personal information. The franchise agreement states that franchisees must not sell personal information collected during the operation of their Burneys Sweets More shop. This restriction is part of a broader set of requirements related to data protection and security. Franchisees are also not allowed to re-identify any personal information that has been de-identified. These measures are in place to protect customer privacy and maintain compliance with applicable laws.
Burneys Sweets More franchisees are responsible for obtaining consent from customers, employees, and other parties for the collection, use, storage, processing, and sharing of personal information, as required by privacy laws and the franchisor's data protection policies. Franchisees must retain copies of these consents and share them with Burneys Sweets More as instructed. They must also comply with all data protection and security policies and privacy laws related to individuals exercising their rights under these laws. This includes cooperating with Burneys Sweets More to provide information on how personal information has been handled if requested.
If a Burneys Sweets More franchisee engages a vendor that will handle personal information, the franchisee must ensure that the vendor is contractually bound to the same data protection obligations required by Burneys Sweets More. Franchisees must also establish and maintain appropriate security measures to protect personal information from unauthorized access, disclosure, loss, or alteration. In the event of a security breach, the franchisee is required to immediately notify the Burneys Sweets More President and cooperate in investigating and remedying the issue. Public disclosure of any breach is prohibited without written authorization from Burneys Sweets More. Franchisees are responsible for reimbursing Burneys Sweets More for reasonable costs incurred as a result of a security breach caused by the franchisee or their personnel.