Who prescribes the form and manner in which Fitstop franchisees collect personal information?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 7.6 Member/Customer and Personnel Information. You must provide digital or paper forms to all customers, members, employees and other Franchised Business personnel which will enable them to provide to you, if they so desire, information in a form and manner from time to time prescribed by us or government entities ("Personal Information").
You must comply with federal, state, and local privacy laws, our privacy policy, and all of our directives related to the retention of Personal Information at your own cost.
You must:
7.6.1 Only use Personal Information for the purposes of this Agreement or the Franchise unless (a) we have consented to that other use (which consent may be withheld by us in our sole discretion), and (b) you have complied with the requirements of any applicable privacy laws;
7.6.2 Ensure that the only persons with access to Personal Information are those necessary to enable you to perform the obligations under this Agreement and who are aware of your obligations under this clause;
7.6.3 Notify us immediately if you (a) are aware of or suspect any unauthorized use, copying, or disclosure of Personal Information or (b) become aware that the disclosure of any Personal information that may be required by law;
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, Fitstop franchisees must provide digital or paper forms to customers, members, employees, and other personnel, enabling them to provide information if they desire. The form and manner of collecting this "Personal Information" is prescribed by Fitstop or government entities.
Fitstop franchisees must comply with federal, state, and local privacy laws, Fitstop's privacy policy, and all directives related to retaining Personal Information, at their own cost. They can only use Personal Information for purposes of the Franchise Agreement, unless Fitstop consents to other uses and the franchisee complies with applicable privacy laws. Access to Personal Information must be limited to those necessary to fulfill obligations under the agreement, and these individuals must be aware of their obligations regarding this clause.
Fitstop franchisees are required to notify Fitstop immediately if they suspect any unauthorized use, copying, or disclosure of Personal Information, or if they become aware of any legally required disclosure. They must also comply with any reasonable written directions from Fitstop to protect Personal Information from unauthorized access or use, or to take any action Fitstop deems necessary to assist in compliance with privacy laws. Franchisees must obtain all necessary consents from individuals providing Personal Information to fully comply with their obligations under this section and the agreement.