Who owns the Burros Fries intranet system and all communications posted to it?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
- (1) We will establish policies and procedures for use of the intranet system, if we establish one. These policies, procedures and other terms of use may address issues such as (i) restrictions on the use of abusive, slanderous or otherwise offensive language in electronic communications; (ii) restrictions on communications between or among franchisees that endorse or encourage breach of any agreement with us; (iii) confidentiality of materials that we transmit; (iv) password protocols and other security procedures; (v) grounds for suspending, or revoking Franchisee's access to the intranet system; and (vi) a privacy policy governing our access to and use of electronic communications that franchisees submit on the intranet system. Franchisee acknowledges that as administrator of the intranet system, we can access and view any communication that anyone posts on the intranet system. Franchisee further acknowledges that the intranet system and all communications that are posted to it will become our property, free of any claims of privacy or privilege that Franchisee or any other person may assert.
- (2) Upon receipt of notice from us that the intranet system has become operational, Franchisee agrees to purchase and install all necessary additions to their computers and to establish and continually maintain electronic connection with the intranet system that allows us to send messages to and receive messages from Franchisee. Franchisee's obligation to maintain connectivity with the intranetsystem will continue until expiration or termination of this Agreement.
- (3) We may use part of the System Advertising Fund that we collect under this Agreementto develop, maintain and further develop the intranet system.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, the intranet system and all communications posted on it are the property of Burros Fries Franchise, Inc. As the administrator of the intranet system, Burros Fries can access and view any communication posted on the system. Franchisees relinquish any claims of privacy or privilege regarding their communications on the intranet.
Burros Fries will establish policies and procedures for the intranet system, addressing issues such as restrictions on offensive language, limitations on communications that encourage breaches of agreements with Burros Fries, confidentiality of transmitted materials, password protocols, grounds for suspending access, and a privacy policy governing Burros Fries' access to electronic communications. Franchisees are required to purchase and install necessary computer additions to maintain electronic connection with the intranet system once it becomes operational, allowing Burros Fries to send and receive messages. This obligation continues until the franchise agreement expires or terminates.
Burros Fries may use the System Advertising Fund to develop, maintain, and further develop the intranet system. This fund is collected from franchisees and is intended for technology development and advertising purposes. This means that franchisees are contributing financially to a system that Burros Fries owns and controls, and on which they have no privacy.