What is the Circle K franchisee's responsibility to represent and warrant that they will not sell, share, make available or otherwise disclose any Customer Information to any third party for valuable consideration or for the purpose of performing cross-context behavioral advertising?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) If any federal or state Privacy Law, including the California Consumer Privacy Act, as revised by the California Consumer Privacy Rights Act , Cal.
Civ.
Code § 1798.100, et seq. (collectively, "CCPA") and any related regulations, applies to the operation of the Store, whenever and to the extent Franchisee operates as a "Service Provider" or "Contractor" under the CCPA, a data processor, or in a similar capacity under any federal or state Privacy Law, Franchisee represents and warrants that:
(1) Except for the purpose of operating the Store and in accordance with the Business Systems Manuals, Franchisee will not retain, use, combine or disclose any Customer Information;
(2) Franchisee will not sell, share, make available or otherwise disclose any Customer Information to any third party for valuable consideration or for the purpose of performing cross-context behavioral advertising;
(3) Franchisee will not retain, use, or disclose Customer Information outside of the direct business relationship between Franchisee and Franchisor;
(4) Franchisee will delete any Customer Information upon Franchisor's request unless Franchisee can prove that such request is subject to an exception under applicable law;
(5) If Franchisee receives a Customer Information data request (e.g. a request to delete Customer Information) directly from a consumer (e.g., a California resident under the CCPA or CPRA, or a resident of another jurisdiction under other applicable Privacy Law), Franchisee shall inform Franchisor of that request within one business day and cooperate with Franchisor to ensure that the consumer receives an appropriate and timely acknowledgement and response;
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, franchisees have specific responsibilities regarding customer information under privacy laws such as the California Consumer Privacy Act (CCPA). If these laws apply to the store's operation and the franchisee acts as a 'Service Provider' or 'Contractor' under the CCPA, or in a similar capacity under any federal or state Privacy Law, the franchisee must adhere to strict guidelines.
The franchisee must represent and warrant that they will not sell, share, make available, or disclose any Customer Information to any third party for valuable consideration or for cross-context behavioral advertising. This means franchisees cannot profit from customer data or use it for targeted advertising across different platforms. They are also prohibited from retaining, using, combining, or disclosing any Customer Information except for the purpose of operating the Circle K store and in accordance with the Business Systems Manuals.
Furthermore, franchisees must not retain, use, or disclose Customer Information outside the direct business relationship with Circle K. They are obligated to delete any Customer Information upon Circle K's request, unless they can prove an exception under applicable law. Franchisees must also inform Circle K of any direct customer data requests within one business day and cooperate to ensure a timely response. These measures ensure customer data is protected and used responsibly within the bounds of privacy laws.