What constitutes the 'Information System' that Ella Cafe may designate for my Franchised Business?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
We may designate the information system used in your Franchised Business, including the computer hardware, software other equipment and enhancements (the "Information System"). If you suspect or know of a security breach, you must immediately give notice of such security breach and promptly identify and remediate the source of any compromise of security breach at your expense. You assume all responsibility for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the franchise business unless otherwise directed by us.
You are solely responsible for protecting yourself from disruptions, Internet Access failures, Internet content failures, and attacks by hackers and other unauthorized intruders and you waive any and all claims you may have against us or our affiliates as the direct or indirect result of such disruptions, security breach and promptly identify and remediate the source of any compromise of security breach at your expense. You assume all responsibility for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the Franchise Business, unless otherwise directed by us.
All of the information we or our affiliates obtain from you or about your Franchised Business, and all information in your records or our concerning the members of your Franchised Business ("the Information") and all revenues we derive from the Information will be our property. However, you may at any time during the term of your franchise agreement, use in the operation of your Franchised Business (but for no other purpose), to the extent lawful and at your sole risk and responsibility, any information that you acquire from third parties in operating your Franchised Business, such as customer data. The information (except for information you provide to us or our affiliates with respect to you and your affiliates, including your respective officers, directors, shareholders, partners or equity members of your entity) will become our property which we may use for
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 24–33)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, the Information System includes the computer hardware, software, other equipment, and enhancements that Ella Cafe may designate for use in your franchised business. Ella Cafe may designate the information system used in your Franchised Business.
As an Ella Cafe franchisee, you are responsible for promptly notifying Ella Cafe of any security breaches and for identifying and fixing the source of the breach at your own expense. You are also responsible for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the Franchise Business, unless otherwise directed by Ella Cafe.
You are solely responsible for protecting yourself from disruptions, Internet Access failures, Internet content failures, and attacks by hackers and other unauthorized intruders and you waive any and all claims you may have against Ella Cafe or its affiliates as the direct or indirect result of such disruptions. All of the information Ella Cafe or its affiliates obtain from you or about your Franchised Business, and all information in your records or their concerning the members of your Franchised Business and all revenues Ella Cafe derive from the Information will be their property.