What is the 'Approved Counter System' for a Dollar Rent A Car franchise?

e from $0 to $500 per year. You cannot deviate from the specifications without our previous written consent. (Franchise Agreement, Section 12.19.)

Your hardware and software that is part of the Computer System must be able to interface with our data transfer and acquisition systems via a dedicated telephone line modem or dedicated network connection (if we require), including any data transmission or retrieval system, capable of handling rental check-in and check-out, office administrative functions, reservations, customer profiles, intercity transactions and other pertinent information. You may be required to pay for (or the hardware or software provider may be required to pay for) any costs or expenses required by us, whether on our end or at the provider's end, to interface with our system. The hardware and software that you use in connection with the counter operations for Your Franchised Business, including your "counter automation system" software is referred to in this Disclosure Document as the "Approved Counter System." The Approved Counter System will support multiple offices and rental fleets, print rental agreements, handle multiple deposit and payment methods, and prepare numerous reports concerning the operation of Your Franchised Business, among other things.

You must purchase and utilize a "counter automation system" for Your Franchised Business. Counter automation systems are software systems that maintain "ready to rent" information of cars in each category, provide a preferred customer database to facilitate reservation and rental processing, as well as rate and rental information. You must pay any fees or expenses associated with any third-party software agreement and comply with the terms of any such agreement. We use these systems to transmit reservation information to you in a format that we require and to collect and monitor closed rental agreement information from Your Franchised Business by electronic polling.

The following counter automation software systems are currently the only software approved for use as part of your Approved Counter System:

• (i) Cars Thermeon Corporate Services, Santa Ana, California;
• (ii) Bluebird Auto Rental Systems, Dover, New Jersey;
• (iii) The System Distributors, Inc., North Andover, Massachusetts;
• (iv) Fourth Tier Solutions, Hertfordshire, United Kingdom;
• (v) Karz Systems, Inc., Evans, CA; and
• (vi) Capture (Overland West, Inc.), Ogden, Utah.

We reserve the right to change the counter automation software systems, in which case you must, at your expense, purchase new software licenses.

As of the date of this Disclosure Document, you must lease or purchase the counter automation software systems from the approved suppliers as listed in the above paragraph, or other suppliers as we may designate in the Operations Guide. You must purchase software support from the approved suppliers (if offered by them). A counter automation software system is licensed to you and the license is not transferable.

We estimate that the costs for your Approved Counter System, which consists of the hardware and software, will be between $11,500 to $250,000, depending on the number and extent of the Approved

Counter Systems that you choose to install. If you wish to have the approved supplier provide maintenance and equipment support services, you will sign an agreement with the supplier. The number of computer workstations you will need will vary depending upon the number of cars in your rental fleet or your own requirements. For example, for fleets of up to 100, 200 and 300 rental cars, we estimate you will need 2, 3 and 4 computer workstations, respectively. You may also purchase your computer hardware from the approved supplier (if offered by them).

You shall provide us or our affiliate access to retrieve electronic data recorded in your computer system on a 24-hour, seven days a week basis. Such data will include, but will not be limited to, files that contain information pertaining to rental transactions, Vehicles, reservations, customer profiles and data files that are part of your general ledger. (Franchise Agreement, Section 14.4.)

You agree to give us, and acknowledge that we shall have, the free and unfettered right to retrieve any data and information from your computers as we deem appropriate, including electronically polling the daily information and other data of the Franchised Business, such as customer interactions. There are no contractual limitations on our independent access to the information and data stored on the required cash register / computer system. You must obtain, provide to us, and maintain an email address in order to allow us to communicate with you electronically and you must immediately advise us of any change in your email address.

All data that you provide, that we download from your system, and that we otherwise collect from you, including customer data, is owned exclusively by us, and we will have the right to use that data in any way that we deem appropriate without compensating you.

In the event we or an affiliate offers a counter automation system to franchisees, you may be required to purchase it from us or our affiliate.

We reserve the right to require you to acquire, and thereafter use and maintain, the Computer System (and each part of the Computer System) from an approved supplier as we may from time to time designate in the Operations Guide or otherwise in writing. We may designate ourselves or an affiliate as an approved supplier (and we or an affiliate may be the only approved supplier) for the Computer System (or any part of the Computer System).

We may revise the list of Approved Counter Systems to Computer Systems with certain specific compatibilities with our proprietary Computer System or we may require you to purchase our proprietary system, even if you are utilizing a previously approved system.

You must maintain a Payment Card Industry ("PCI") compliant security service subscription to protect the confidentiality of information gathered from guests' credit cards and other payment cards. We will designate the PCI compliant vendor that you must use and the security service subscription that you must subscribe to in the Operations Guide.

The Franchise Agreement requires that you agree that you are responsible for any and all information security incidents involving customer data that is handled by you. You shall notify us (including both the Franchise Department and cert@hertz.com) in writing immediately (and in any event within twenty-four (24) hours) whenever you reasonably believe that there has been an unauthorized acquisition, destruction, modification, use, or disclosure of, or access to, customer data ("Breach"). After providing such notice, you will investigate the Breach, take all necessary steps to eliminate or contain the exposures that led to such Breach, document all information collected as part of its investigation of the Breach, and keep us advised of the status of such Breach and all matters related thereto.

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 61–69)