What must a Floyds 99 franchisee do if they learn of any unauthorized disclosure of the Program?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
If a data security breach occurs, the Franchisee must immediately notify the Franchisor and comply with all investigation and remediation efforts related to such breach consistent with the Franchisor's standards and specifications.
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 the 2025 Floyds 99 Franchise Disclosure Document, franchisees are responsible for maintaining the confidentiality and security of the Program, which includes software, data, and systems used in their shops. If a Floyds 99 franchisee experiences a data security breach, they must immediately notify Floyds 99 and comply with all investigation and remediation efforts related to the breach, consistent with Floyds 99's standards and specifications. This includes breaches related to Customer Data.
Floyds 99 franchisees must also comply with data protection and breach response policies that Floyds 99 may establish and must not use or disclose Customer Data in a manner that would cause Floyds 99 to violate its published privacy policy. The FDD states that franchisees are responsible for protecting Customer Data from cyberattacks or unauthorized access and that the franchisee waives any claim it may have against Floyds 99 as a result of such attacks or unauthorized access.
These stipulations highlight the importance of data security for Floyds 99 franchisees. Franchisees should ensure they have robust cybersecurity measures in place and that they and their employees are trained on data protection policies. The immediate notification requirement underscores the need for franchisees to have systems in place to detect and respond to potential breaches quickly. The waiver of claims against Floyds 99 related to cyberattacks also places a significant responsibility on the franchisee to protect customer data.