What happens to the information obtained from or about my Ella Cafe Franchised Business?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
erwise 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 any reason as we deem necessary or appropriate in our discretion. You hereby authorize your payment processor to release the information to us at any time. Following termination or expiration of this Agreement you will no longer use any of the Information, except to comply with your post-term obligations under this Agreement and you authorize your payment processor to release the Information exclusively to us and/or our designees
Operating Manual
See Exhibit G for the table of contents of our Operating Manual as of the date this disclosure document, with the number of pages devoted to each subject. The total number of pages in the Operating Manual is 228.
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, all information the franchisor or its affiliates obtain from the franchisee or about the franchised business, including information in the franchisee's records or the franchisor's concerning members of the franchised business, and all revenues derived from this information, become the property of Ella Cafe. The franchisor can use this information for any reason they deem necessary or appropriate. The franchisee authorizes their payment processor to release this information to Ella Cafe at any time.
However, during the term of the franchise agreement, the franchisee can use information acquired from third parties in operating their Ella Cafe business, such as customer data, to the extent lawful and at their sole risk and responsibility, but for no other purpose. This excludes information provided to Ella Cafe or its affiliates regarding the franchisee and their affiliates, including officers, directors, shareholders, partners, or equity members.
Upon termination or expiration of the franchise agreement, the franchisee must cease using any of the information, except to comply with post-term obligations under the agreement. The franchisee also authorizes their payment processor to release the information exclusively to Ella Cafe and/or its designees. Ella Cafe also requires independent access to information generated or stored in the franchisee's systems, including sales, customer data, and reports, without any contractual limitations on their right to access this information.