What must a Byrider licensee do regarding Customer Data?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
icensed System in connection with the performance of data processing services or as a service bureau for any third person. Licensee further agrees that it shall not use the Licensed System or transmit data to, through, or from the Hosting Facility in any manner that is contrary to any law or regulation of the United States or any state or country where Licensee is located. Licensee shall, at all times, use the Licensed System and access the Hosting Facility as directed by the Licensor from time to time. The components of the Licensed System may be changed from time to time at the Licensor's sole discretion.
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- Transmission of Data and Use of Services. Except as may be provided in this Agreement, Licensee shall be solely responsible for communications and transmission of any and all data and information of any kind between Licensee and the Licensed System/Hosting Facility (hereinafter "Customer Data"). Licensee assumes exclusive responsibility for the consequences of any instructions Licensee may give Licensor, for Licensee's failure to properly access the Licensed System in the manner prescribed by Licensor, and for Licensee's failure to supply accurate, timely, and/or complete input information. All network connectivity to and from the Licensed System and Hosting Facility is the responsibility of the Licensee and must be by means of secured network connections and controlled devices. Network configuration and access, anti-virus tools, firewalls, VPN tools, wireless access points, and possibly other means must be installed, maintained, and activated by the Licensee as directed by the Licensor. Licensee is responsible for choosing its network carrier, associated costs, and service levels. Licensor reserves the right to immediately suspend Licensee's network connectivity and use of the Licensed System if the Licensor believes in good faith that the Licensee poses a threat to the Licensed System or Licensor due to viruses, worms, hacking, or any other situation that presents reasonable dangers. Upon a showing that Licensee's use no longer poses such a threat, then Licensor shall reactivate Licensee's use of the Licensed System.
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Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the licensee is primarily responsible for the security, transmission, and accuracy of customer data. The licensee is responsible for the communications and transmission of all data and information between themselves and the Licensed System/Hosting Facility, referred to as "Customer Data." They assume responsibility for the consequences of any instructions given to Byrider, any failure to properly access the Licensed System as prescribed by Byrider, and any failure to supply accurate, timely, and complete input information.
Byrider requires that all network connectivity to and from the Licensed System and Hosting Facility be secured. Licensees must install, maintain, and activate network configurations, anti-virus tools, firewalls, VPN tools, wireless access points, and other means as directed by Byrider. Licensees must also ensure that their use of the Licensed System and data transmission complies with all applicable laws and regulations.
Licensees grant Byrider a non-exclusive license to use, compile, distribute, market, sell, and sublicense statistical analyses, information, data, and reports derived from Customer Data, as long as it is anonymized. Byrider must create this Anonymous Data in a way that does not personally identify the licensee or their customers, and its use must be legally permissible. Byrider also agrees to take commercially reasonable efforts to store additional copies of all records and Customer Data in a secure location remote from Licensor, and shall establish and maintain safeguards against the destruction, loss or damage to or alteration of Customer Data in its possession.