Is the Floyds 99 franchisee allowed to commercially exploit data generated by the Program?
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 the 2025 Floyds 99 Franchise Disclosure Document, franchisees are explicitly prohibited from commercially exploiting data generated by the Program. The Program refers to the software used in the operation of the Floyds 99 shop. The franchisee cannot sell, assign, lease, license, market, or commercially exploit the Program, any component of it, or any data generated by its use.
This restriction is significant because it limits how a franchisee can leverage the information collected through the Floyds 99 system. While franchisees can use the data to comply with laws and for customary business purposes, they cannot monetize or share it with third parties without prior written approval from Floyds 99. This ensures that Floyds 99 maintains control over the data and its use within the franchise system.
Furthermore, franchisees must keep the Program and its data confidential both during and after the franchise term. They are required to implement security measures to prevent unauthorized access, use, disclosure, or copying of the Program or its data. Employees with access to the Program must also sign confidentiality agreements. This emphasis on data security and confidentiality aligns with industry best practices, protecting both Floyds 99's and its customers' information.