What policies might Engineering For Kids establish regarding the retention of data by franchisees?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not sell, transfer, or use Data for any purpose other than operating the Franchised Business and marketing "Engineering For Kids" Programs and services. However, if you Transfer the Franchised Business (as provided in Section 14.2 below), as part of the Transfer, you may Transfer the Data to the buyer for value in connection with the license to use the Data under a franchise agreement with us, provided that you comply with all applicable policies, laws, and regulations relating to such Data.
8.5.7. We have the right to specify, from time to time, in the Manual or otherwise in writing, the Data and other information that you must collect and maintain on the Computer System in the manner that we prescribe. You agree to provide us with the reports that we may reasonably request from the Data so collected and maintained. You agree that you will download (and/or provide us with access to) on a daily basis, or in such other intervals that we may require, all information and materials that we may require in connection with your operation of the Franchised Business, and that you will present such information and materials in the manner we may prescribe. We may use all such information, data, and reports in any manner, including, without limitation, providing financial and operating reports to franchisees and operators operating under the System. In no way limiting the above, upon termination, expiration, and/or transfer of this Agreement and/or the Franchised Business, you agree to provide us with all data (in the digital machine-readable format that we specify, and/or printed copies, and/or originals) promptly upon our request.
8.5.8. You agree to abide by all applicable laws pertaining to the privacy of consumer, employee, and transactional information ("Privacy Laws").
(a) You agree to comply with our standards and policies pertaining to Privacy Laws. If there is a conflict between our standards and policies pertaining to Privacy Laws and actual applicable law, you shall: (i) comply with the requirements of applicable law; (ii) immediately give us written notice of said conflict; and (iii) promptly and fully cooperate with is and our counsel in determining the most effective way, if any, to meet our standards and policies pertaining to Privacy Laws within the bounds of applicable law.
(b) You agree not to publish, disseminate, implement, revise, or rescind a data privacy policy without our prior written consent as to said policy.
8.5.9. We have the right to maintain a website and other Online Sites (as defined below) for benefit of ourselves, our franchisees, and the "Engineering For Kids" brand. Unless we have otherwise approved in writing, you agree to neither establish nor permit any other party to establish an Online Site relating in any manner whatsoever to the Franchised Business or referring to the Proprietary Marks. We have the right, but not the obligation, to provide one or more references or webpage(s) to your Franchised Business, as we may periodically designate, within our Online Site.
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to Engineering For Kids' 2025 Franchise Disclosure Document, Engineering For Kids has specific policies regarding data collection, usage, and ownership. Engineering For Kids maintains the right to specify the data franchisees must collect and maintain on their computer systems, as well as the manner in which it is stored. Franchisees are obligated to provide reports from this data as requested and to grant Engineering For Kids access to all information and materials related to the franchised business. This includes downloading and providing access to the data at intervals specified by the franchisor.
Engineering For Kids retains ownership of all data pertaining to the franchised business, excluding consumer credit card and payment information. They have the right to use this data as they see fit without compensating the franchisee. While the franchise agreement is active, franchisees are granted a royalty-free, non-exclusive license to use the data, but only for operating the Engineering For Kids business and in accordance with the policies established by Engineering For Kids, which may include terms and conditions relating to use, retention, storage, and removal. Upon termination or transfer of the franchise agreement, franchisees must provide all data to Engineering For Kids in a specified format.
Furthermore, franchisees must comply with all applicable privacy laws and Engineering For Kids' standards and policies related to these laws. Franchisees are prohibited from publishing or revising any data privacy policy without prior written consent from Engineering For Kids. These stipulations ensure that Engineering For Kids maintains control over the brand's data and that franchisees handle data in a manner consistent with the franchisor's standards and legal requirements. Prospective franchisees should be aware of these data-related obligations and ensure they have the technical and administrative capabilities to comply with Engineering For Kids' requirements.