What degree of care must Camp Margaritaville use to maintain Privacy Information?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
- **13.
Privacy and Data Security.** Customer's use of the CRM Service and Connection Platform shall at all times be subject to the terms of the Branding Agreement.
Notwithstanding the foregoing, when receiving or accessing Privacy Information, Customer agrees to: (i) collect, receive, transmit, store, dispose, use and disclose such Privacy Information in accordance with the terms of the Branding Agreement and all privacy and data protection laws, as well as all other applicable regulations, (ii) keep and maintain such Privacy Information in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use or disclosure and (iii) use and disclose such Privacy Information solely and exclusively for the purposes for which the Privacy Information, or access to it, is provided.
Customer shall be responsible for, and remain liable to, Margaritaville for the actions and omissions of all employees, contractors or other representatives who are engaged by Customer concerning the treatment of Privacy Information as if they were Customer's own actions and omissions.
Customer shall notify Margaritaville of (i) any act or omission that compromises either the security, confidentiality or integrity of Privacy Information collected from end users in connection with these CRM Terms of Use or (ii) a breach or alleged breach of these CRM Terms of Use relating to the privacy practices of Customer in accordance with the terms of the Branding Agreement.
Customer shall likewise promptly notify Margaritaville of any suspicious or malicious activity, potential vulnerabilities, or security weaknesses of which it becomes aware in accordance with the terms of the Branding Agreement.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, when receiving or accessing Privacy Information, the franchisee must maintain such Privacy Information in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use, or disclosure. This obligation is outlined within the context of using the CRM Service and Connection Platform and is subject to the terms of the Branding Agreement.
This means that a Camp Margaritaville franchisee must implement and maintain security measures that are reasonable and appropriate for the type of information they are handling. The level of care should be high enough to prevent unauthorized individuals from accessing or disclosing the data. This could include measures like encryption, access controls, secure storage, and employee training on data security practices. The franchisee is also responsible for the actions of their employees, contractors, or other representatives concerning the treatment of Privacy Information.
Furthermore, the franchisee is obligated to notify Camp Margaritaville of any act or omission that compromises the security, confidentiality, or integrity of Privacy Information, or any breach or alleged breach of privacy practices, in accordance with the terms of the Branding Agreement. This includes promptly reporting any suspicious or malicious activity, potential vulnerabilities, or security weaknesses that they become aware of. These requirements ensure that Camp Margaritaville franchisees take data protection seriously and maintain a high standard of care to protect sensitive information.