Who owns the customer data collected by a Checkersrallys franchise?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.09 Customer Data. All information, mailing lists and data bases of Customer Data from whatever source derived, shall be our property.
You agree not to use such information, except in connection with your Franchised Restaurant in accordance with this Agreement.
You agree not to use, process, copy, display, publish, store or transfer the Customer Data without our approval.
You agree to comply with all applicable laws with respect to Customer Data; in addition, you agree to comply with our data privacy and security requirements and to exert commercially reasonable efforts to prevent the unauthorized use, dissemination, or publication of Customer Data, subject in all instances to applicable laws.
You shall promptly notify us if you become aware of any unauthorized access to the Customer Data, or if you become the subject of any governmental, regulatory, or other enforcement or private proceeding relating to your data handling practices of Customer Data.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, Checkersrallys owns all customer data. The FDD specifies that all information, mailing lists, and databases of customer data, regardless of the source, are the property of Checkersrallys.
As a Checkersrallys franchisee, you are permitted to use this customer data only in connection with your franchised restaurant and in accordance with the franchise agreement. Any other use, processing, copying, display, publication, storage, or transfer of customer data requires Checkersrallys's approval.
Furthermore, franchisees must comply with all applicable laws regarding customer data, as well as Checkersrallys's data privacy and security requirements. Franchisees are also obligated to make commercially reasonable efforts to prevent unauthorized use, dissemination, or publication of customer data. If a franchisee becomes aware of any unauthorized access to customer data or is involved in any legal proceedings related to their data handling practices, they must promptly notify Checkersrallys.