How does Eos Worldwide define 'Anti-Spam Law' in relation to franchisee obligations?
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) You further represent, warrant, covenant and guarantee to us that you will operate the Franchised Business in compliance with Applicable Privacy Law, Anti-Spam Law and Good Industry Practice. You acknowledge and agree that certain data including Confidential Information and Personal Information, may be transferred to, processed, and stored by us, our affiliates or other service providers located in other jurisdictions, including outside of the United States and agree to inform individuals of this fact at or before the time Personal Information is collected, as required by Applicable Privacy Law. You agree not to disclose Personal Information without consent of the individual or as required by law. You agree to cooperate with any investigation or inquiry by a regulatory authority with jurisdiction over Applicable Privacy Law. You agree to allow us and our affiliates to audit your practices to ensure compliance with this Section.
- (e) You represent and warrant that you will comply with Anti-Spam Law, Applicable Privacy Law and Good Industry Practice in respect of any commercial messages you send, or cause or permit to be sent. Without limiting the generality of the foregoing, you shall ensure that: (i) commercial messages are only sent by or on your behalf to individuals who have consented, in the manner required by Anti-Spam Law and Applicable Privacy Law, to receive them; (ii) all commercial messages sent by or on your behalf shall comply with the form, content and other requirements prescribed by Anti-Spam Law and Applicable Privacy Law; and (iii) you maintain evidence sufficient to prove your compliance with subsections (i) and (ii) above.
- (f) You represent and warrant that you will ensure that any request for consent to send any commercial messages, whether such request is made by you on your own behalf or on our behalf (if applicable), shall constitute a valid request for express consent under Anti-Spam Law and Applicable Privacy Law and shall comply with all applicable requirements of Anti-Spam Law and Applicable Privacy Law such that you, us and our respective affiliates, as applicable, shall be permitted under Anti-Spam Law and Applicable Privacy Law to send commercial messages to any individual who provides consent in response to such request. You agree to maintain evidence of all such consents given and to clearly identify those Clients who have (i) given such consent, (ii) not given such consent, or (iii) withdrawn a consent previously given.
Source: Item 23 — RECEIPTS (FDD pages 74–246)
What This Means (2025 FDD)
According to Eos Worldwide's 2025 Franchise Disclosure Document, franchisees must operate their franchised business in compliance with Anti-Spam Law, Applicable Privacy Law, and Good Industry Practice. This means franchisees must ensure that any commercial messages they send, or permit to be sent, adhere to specific requirements.
Specifically, commercial messages should only be sent to individuals who have given their consent in the manner required by Anti-Spam Law and Applicable Privacy Law. The messages themselves must also comply with the form, content, and other requirements outlined in these laws. Franchisees are obligated to maintain evidence that proves their compliance with these regulations.
Furthermore, any request for consent to send commercial messages, whether made by the franchisee or on behalf of Eos Worldwide, must constitute a valid request for express consent under Anti-Spam Law and Applicable Privacy Law. Franchisees must keep records of all consents given, clearly identifying clients who have given consent, those who have not, and those who have withdrawn their consent. This ensures that Eos Worldwide and its affiliates can send commercial messages in compliance with the law.