Does MVE guarantee the confidentiality or privacy of data transmitted through the Technology and Services and/or the Information System for Camp Margaritaville?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
n current Term.
- (ii) Provided Margaritaville is promptly informed in writing and furnished a copy of each communication, notice or other action relating to an alleged infringement and is given authority, information and assistance as necessary to defend or settle such claim, Margaritaville will defend, indemnify, and hold Customer and its directors, officers, employees, and agents ("Indemnitees") harmless from and against any action brought against Customer to the extent such action is based on a claim of direct infringement of any duly issued patent or copyright resulting from Customer's use of the CRM Services and/or Connection Platform in accordance with the terms of these CRM Terms of Use ("Infringement"). Margaritaville may, upon written notice to the Indemnitees, undertake to conduct all proceedings or negotiations in connection therewith, assume the defense thereof and take all other required or appropriate steps to settle or defend any such claims, or assign any such actions to CRM Provider and/or Connection Platform.
- 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.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, MVE (Margaritaville Enterprises) does not explicitly guarantee the confidentiality or privacy of data transmitted through its Technology and Services and/or Information System. Instead, the FDD emphasizes the franchisee's responsibilities regarding privacy and data security.
The franchisee, referred to as "Customer" in the FDD, is responsible for adhering to the terms of the Branding Agreement, as well as all privacy and data protection laws when receiving or accessing Privacy Information. This includes collecting, receiving, transmitting, storing, disposing of, using, and disclosing Privacy Information appropriately. The franchisee must also maintain Privacy Information in strict confidence, taking necessary precautions to prevent unauthorized access, use, or disclosure, and using the information solely for its intended purposes.
The franchisee is also responsible for the actions of its employees, contractors, and representatives concerning the handling of Privacy Information. Furthermore, the franchisee must notify Margaritaville of any security breaches, confidentiality compromises, or privacy practice breaches, as well as any suspicious or malicious activity or potential vulnerabilities. The FDD also states that Margaritaville shall not be liable for Customer's failure to deactivate a user that is no longer employed by Customer. These stipulations place the onus on the franchisee to actively manage and protect data security and privacy within their Camp Margaritaville operations.