What access does the franchisor have to customer data at a Floyds 99 shop?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
- f.
Customer Data.
Franchisee acknowledges that Franchisor shall own all customer contact information and other customer information ("Customer Data"), wherever located, and Franchisee shall facilitate access to such information upon request from Franchisor.
Franchisee shall only use the Customer Data as a processor as necessary to operate Franchisee's FLOYD'S 99 Shop for the initial term unless Franchisee obtains Franchisor's prior written approval.
Franchisee has no right to sell, transfer, sublicense or otherwise share Customer Data to or with any third party, unless Franchisee obtains Franchisor's prior written approval, or the third party is a service provider bound to substantially similar obligations as in this Section and Franchisee remains liable for their use.
Franchisee will comply with all directives and terms in the Operations Manual respecting Franchisee's use of the Customer Data.
Franchisor may access Customer Data at the FLOYD'S 99 Shop and Franchisee will allow Franchisor to audit Franchisee's records to confirm compliance with these provisions.
Franchisee must provide to Franchisor usernames and passwords to access the Customer Data.
Franchisee is solely responsible for protecting Customer Data from cyberattacks or unauthorized access, and Franchisee waives any claim it may have against Franchisor as the direct or indirect result of such attacks or unauthorized access.
Franchisee must comply with all applicable federal, state, and local laws and regulations concerning the storage, handling, use and protection of Customer Data.
In addition, Franchisee must comply with any data protection and breach response policies Franchisor periodically may establish and must not use or disclose Customer Data in a manner that would cause Franchisor to be in violation of Franchisor's published privacy policy.
Franchisee must notify Franchisor immediately of any actual or suspected data breach or cyber-attack at or in connection with the FLOYD'S 99 Shop and/or Customer Data.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to Floyds 99's 2025 Franchise Disclosure Document, the franchisor maintains significant control and access to customer data. Floyds 99 owns all customer contact information and other customer information, referred to as "Customer Data," regardless of where it is stored. The franchisee is obligated to facilitate access to this information upon the franchisor's request.
As a franchisee, you are only permitted to use the Customer Data as necessary to operate your Floyds 99 shop, unless you receive prior written approval from the franchisor for any other use. You are explicitly prohibited from selling, transferring, sublicensing, or sharing Customer Data with any third party without the franchisor's prior written consent, unless the third party is a service provider bound by similar obligations, and for whose use you remain liable.
Floyds 99 has the right to access Customer Data directly at your shop and to audit your records to ensure compliance with these data provisions. You must provide the franchisor with usernames and passwords to access the Customer Data. It is also your responsibility to protect Customer Data from cyberattacks or unauthorized access, and you waive any claims against the franchisor resulting from such incidents. Furthermore, you must comply with all applicable laws and the franchisor's policies regarding the storage, handling, use, and protection of Customer Data, and immediately notify the franchisor of any data breaches or cyber-attacks.