What security procedures must a Dickeys Barbecue Pit franchisee abide by when using SPARK's services?
Dickeys_Barbecue_Pit Franchise · 2024 FDDAnswer from 2024 FDD Document
BILITY, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.
- H. DATA SECURITY AND CYBERCRIME PREVENTION. SPARK has implemented reasonable and appropriate security policies and procedures designed to protect the security of Personal Information in SPARK's possession from unauthorized access, use, storage, and disposal. Notwithstanding the foregoing, you acknowledge that SPARK cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Personal Information for improper purposes. SPARK may disclose Personal Information to the extent compelled by process of law, provided that you are given advance written notice (unless providing such notice is prohibited by law). You are responsible for the content of the Customer Data and for your compliance with any Privacy Laws, regulations, or other legal duties applicable to your possession, transmission, processing, or use of Customer Data, including providing appropriate notifications and communications to Data Subjects and managing any complaints from Data Subjects. You acknowledge that SPARK does not control the transfer of data over telecommunications facilities and that the Internet is inherently insecure and provides opportunity for unauthorized access by third parties. You are responsible for maintaining the security of your own systems, servers, and communications links, and for providing secure access to those systems and information, including Personal Information that SPARK requires to provide the On-Line Services to you. You will: (a) have in place appropriate privacy and security safeguards to prevent the unauthorized use and disclosure of Personal Information; (b) guard against misuse of any password whether or not provided by SPARK, and change any password upon SPARK's direction; (c) not transmit any data, including Customer Data, to SPARK for processing for a purpose that does not comply with applicable law or regulations; and (d) provide reasonable cooperation to facilitate the parties' compliance with applicable law and regulation. To the extent they may affect SPARK's use or disclosure of Personal Information, you will notify SPARK in writing of any limitations or restrictions on the permitted use or disclosure of Personal Information; or any changes in, or revocation of, permission by a Data Subject to use or disclose PersonalInformation.
- I. LIMITATION OF LIABILITY. SPARK'S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUTOF MISTAKES, OMISSIONS, INTERRUPTIONS, DATA LOSS, DELAYS, ERRORS OR DEFECTS IN SMOKESTACK SHALL IN NO EVENT EXCEED THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DATA LOSS DELAY, ERROR OR DEFECT IN THE SERVICES OCCURRED. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO SPARK, INCLUDING ANY LIABILITY FOR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF OPERATIONS), INCIDENTAL DAMAGES, PUNITIVE & EXEMPLARY DAMAGES, AND EXTRA-CONTRACTUAL DAMAGES (INCLUDING DECEPTIVE TRADE PRACTICES).
- J. TERM AND TERMINATION. Customer agreesto an initial license period of 12months commencing with the date of execution of the User Agreement. Spark agreesto provide its services during the initial license period according to the monthly license fee schedule in effect on the date this Agreement is executed. The User Agreement shall extend and renew for one (1) year periods (each a "Renewal Term") under the same terms and conditions without further notice unless Customer gives written notice of its intention to terminate not lessthan ninety (90) days before the end of the then current term. The termination shall become effective at the end of the then-current term. Spark may terminate the User Agreement for any reason. If Spark exercises this right to terminate based on a reason other than Customer's breach, it will provide Customer 30 days' notice of such intent to terminate.
Source: Item 23 — RECEIPTS (FDD pages 96–388)
What This Means (2024 FDD)
According to Dickeys Barbecue Pit's 2024 Franchise Disclosure Document, franchisees are responsible for maintaining the security of their systems, servers, and communication links when using SPARK's services. This includes providing secure access to these systems and any personal information that SPARK requires to provide online services. Franchisees must implement appropriate privacy and security safeguards to prevent unauthorized use and disclosure of personal information. They are also responsible for guarding against the misuse of any passwords, whether provided by SPARK or not, and must change passwords if directed by SPARK.
Specifically, Dickeys Barbecue Pit franchisees must ensure that only authorized users have access to user identifications and passwords and that these users do not disclose this information to others. Franchisees are responsible for maintaining the confidentiality and integrity of these credentials and will indemnify SPARK against any liabilities, damages, or costs resulting from a failure to comply with this obligation, including unauthorized account access, unless SPARK or its agents improperly disseminated the credentials. Franchisees must also notify SPARK immediately if the security or integrity of a password has been compromised.
Furthermore, franchisees are required to have and maintain updated malware protection software and security for all systems, networks, and data. This security includes properly configured hardware firewalls, unique and strong passwords for each user, physical security measures, and access control policies. A properly configured firewall is necessary for each location using a persistent connection to the public internet or any private network where there is a potential for unauthorized access. Franchisees must also ensure that these security measures are routinely updated to remain effective.
Failure to keep systems secure may result in investigation fees, fines, penalties, charge backs, credit card fraud costs, and other losses levied by credit card processors and others, as well as remediation costs. The franchisee bears sole responsibility for the manner in which they and their users utilize the system and online services provided by SPARK. These measures are in place to protect both the franchisee and SPARK from potential security breaches and data compromises.