For what purpose is a Devon Creek franchisee licensed to use customer data?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- 12.3.8 Franchisee is solely responsible for maintaining the security and integrity of the computer and payment processing systems used in the Franchised Business and the customer and other data stored therein.
Franchisee, at Franchisee's sole cost and expense, shall implement all computer hardware, software and Internet security procedures, including required updates or upgrades thereto, that are reasonably necessary to protect Franchisee's computer and payment processing systems and the data stored therein from viruses, malware, privacy breaches or other unauthorized access.
- 12.7 Customer Dispute Resolution.
Franchisee acknowledges Franchisor's philosophy that exceeding customers' expectations is essential to Franchisee's success as well as the reputation and success of the System and other Devon Creek franchisees and that all System franchisees shall endeavor to go above and beyond expectations and generosity in all customer dealings.
Accordingly, Franchisee agrees to: (i) use its best efforts to ensure the complete satisfaction of each of Franchisee's customers; (ii) apply the highest standards of customer service and use good faith in all dealings with customers, potential customers, referral sources, suppliers and creditors; (iii) respond to customer complaints in a courteous, prompt, and professional manner; (iv) use its best efforts to promptly and fairly resolve customer disputes; and (v) within twenty-four (24) hours of receiving a request from Franchisor, provide Franchisor a written summary of the dispute.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
Based on the 2024 Devon Creek Franchise Disclosure Document, the franchisee is responsible for maintaining the security and integrity of customer data stored within their computer and payment processing systems. The franchisee must implement necessary security procedures, including updates, to protect this data from threats like viruses, malware, and unauthorized access.
Devon Creek emphasizes customer satisfaction, requiring franchisees to strive for complete customer satisfaction, apply high standards of service, and resolve disputes promptly and professionally. Franchisees must respond to complaints courteously and provide Devon Creek with a written summary of any unresolved dispute within 24 hours of a request. Devon Creek retains the right to intervene in disputes to protect the brand's reputation, potentially issuing refunds on the franchisee's behalf, which the franchisee is then obligated to reimburse.
While the FDD outlines the franchisee's responsibilities for data security and customer service, it does not explicitly state the purposes for which a franchisee is licensed to use customer data. The agreement specifies what the franchisee must do to protect customer information and resolve disputes, but it does not detail how the franchisee is permitted to utilize the data for marketing, sales, or other business-related activities. A prospective franchisee should seek clarification from Devon Creek regarding the permitted uses of customer data to ensure compliance and maximize business opportunities.