Does Burneys Sweets More have an obligation to create Data Protection and Security Policies?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
| (ii) Data Protection and Security Policies. Franchisee shall comply with, or, | |
|---|---|
| as applicable, adopt policies consistent with the then-current version of Franchisor’s data | |
| protection and security policies as may be described in the Brand Standards Manual (“Data | |
| Protection and Security Policies”). Such policies may govern how Franchised Business | |
| Data and Personal Information contained in such data shall be collected, used, store, | |
| processed, shared, or destroyed. Franchisor has the right, but not the obligation to create | |
| such Data Protection and Security Policies. Franchisee acknowledges that Franchisor may | |
| supplement, modify, or amend the Data Protection and Security Policies from time to time | |
| in its sole discretion, and that Franchisee shall comply with such modifications or | |
| amendments within thirty (30) days of notice from Franchisor. Franchisor may require | |
| Franchisee to institute a data privacy policy for its Shop. Franchisee shall not publish, | |
| disseminate, implement, revise, or rescind a data privacy policy without Franchisor’s prior | |
| written consent as to said policy. |
Source: Item 23 — RECEIPT (FDD pages 50–199)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, Burneys Sweets More has the right, but not the obligation, to create Data Protection and Security Policies. However, if Burneys Sweets More does create these policies, franchisees must comply with the then-current version as described in the Brand Standards Manual. These policies govern how franchised business data and personal information are collected, used, stored, processed, shared, or destroyed.
Burneys Sweets More retains the right to supplement, modify, or amend these Data Protection and Security Policies at its sole discretion. Franchisees are required to comply with any such modifications or amendments within thirty days of receiving notice from Burneys Sweets More. Burneys Sweets More may also require franchisees to institute a data privacy policy for their shop, but franchisees cannot publish, disseminate, implement, revise, or rescind a data privacy policy without prior written consent from Burneys Sweets More.
In summary, while Burneys Sweets More is not obligated to create these policies, franchisees must adhere to them if they exist and must also comply with all applicable privacy laws. Franchisees are responsible for obtaining consent for the collection, use, storage, processing, and sharing of personal information and must cooperate with Burneys Sweets More to provide information about how personal information is handled.