Is an Engel & Volkers franchisee required to provide a 'Privacy Policy Notice' to customers, prospective customers, Sales Advisors, staff members, and other third parties?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
therwise engage the services of any individual or entity in contravention of Anti-Terrorism Laws or any other legally prohibited individual or entity. Neither Franchisee nor its Principals shall engage in any activity that would expose Franchisor to a risk of criminal or civil penalties under applicable United States law. Any violation of the Anti-Terrorism Laws by Franchisee or its Principals, or any blocking of Franchisee's or its Principals' assets under the Anti-Terrorism Laws, shall constitute good cause for immediate termination of this Agreement and any other agreement Franchisee has entered into with Franchisor or any of its affiliates.
- 26.11.6 Franchisee must, if required by law to do so, comply with all federal and state information data privacy and data security laws and regulations that may be applicable to the franchised Business and the information that the franchised Business collects from its customers and prospective customers, Sales Advisors, staff members and other third parties, including data protection laws, laws regulating marketing communications, and information security regulations (all such laws and regulations, hereinafter called "Information Privacy Laws"). Without limiting the generality of the foregoing, this may include:
- i. adopting and implementing adequate measures (hereinafter called "Security Measures") to secure the confidentiality of all financial, personal and other sensitive information Franchisee collects from its customers and prospective customers, Sales Advisors, staff members and other third parties (hereinafter called "Financial Information");
- ii. providing customers and prospective customers, Sales Advisors, staff members and other third parties with written notice of the ENGEL & VÖLKERS System's privacy policies and the uses to be made of Financial Information by Franchisee, and by Franchisor and its affiliates and the other businesses and companies to whom they respectively may disclose Financial Information (hereinafter called the "Privacy Policy Notice");
- iii.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers's 2025 Franchise Disclosure Document, franchisees may be required to provide a 'Privacy Policy Notice.' Specifically, if required by law, the franchisee must comply with all federal and state information data privacy and data security laws and regulations applicable to the franchised business. This includes information collected from customers, prospective customers, Sales Advisors, staff members, and other third parties.
The 'Privacy Policy Notice' is a written notice of the Engel & Volkers System's privacy policies. It details how the franchisee, franchisor, its affiliates, and other businesses may use the financial information collected. In addition to the 'Privacy Policy Notice', franchisees may also need to provide a 'Disclosure Notice' (prior written notice of any Financial Information collected) and an 'Opt-Out Notice' (notice of any 'opt-out' rights regarding such disclosures and uses of their Financial Information and an adequate opportunity to exercise such rights).
Engel & Volkers may also formulate policies and practices concerning Security Measures, the form, content, and manner of delivering Privacy Policy Notices, Disclosure Notices, and Opt-Out notices. Franchisees must adopt and implement all such policies and practices in accordance with written instructions in a timely manner.