What does Floyds 99 consider the Program and its data to be?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
d employees of the Franchisee; (ii) operated on more than one computer at a time; (iii) operated on equipment other than the Designated Equipment; or (iv) operated at locations other than the Franchised Location.
- c. The Program shall be used only to perform information processing in the Franchisee's operation of the FLOYD'S 99 Shop and shall not be used to perform information processing for any other person, entity or business.
- d. The Franchisee shall not, and shall not allow its employees or agents to: (i) sell, assign, lease, license, market or commercially exploit, in any way, the Program, any component thereof or any data generated by the use of the Program; (ii) disclose or grant access to the Program, any component thereof or any data generated by the use of the Program, to any third party other than one whom the Franchisor has approved in writing and who has agreed in writing with the Franchisor to keep the Program confidential; or (iii) copy or reproduce the Program, any component thereof or any data generated by the use of the Program, in any manner, except for one copy of the Program for normal back-up and operations thereof; provided nothing contained herein shall prohibit the Franchisee from using the data generated by the Program to the extent reasonably necessary to comply with local, state and federal law and for usual and customary business purposes.
- e.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to Floyds 99's 2025 Franchise Disclosure Document, franchisees are restricted in how they can use the Program and its data. Specifically, franchisees cannot sell, assign, lease, license, market, or commercially exploit the Program or any data generated from it. They also cannot disclose or grant access to the Program or its data to any third party without the franchisor's written approval and a confidentiality agreement.
Floyds 99 franchisees are permitted to make one copy of the Program for backup purposes. However, they are allowed to use the data generated by the Program to comply with laws and for customary business operations. Franchisees must keep the Program and its data confidential both during and after the franchise term, adhering to security precautions set by Floyds 99 to prevent unauthorized access, use, disclosure, or copying.
Furthermore, franchisees must ensure that any employees with access to the Program sign a confidentiality agreement approved by Floyds 99. This highlights the importance Floyds 99 places on maintaining the secrecy and control over its proprietary software and the data it generates, ensuring that franchisees do not misuse or improperly share this information.