Is Hardees allowed to share Consumer Information with its affiliates?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
P. Consumer Information
Franchisee may only use Consumer Information (as defined below) to the extent necessary to perform Franchisee's obligations under this Agreement during the term hereof and subject to such instructions and restrictions as HR may from time to time impose and in compliance with all data privacy, security and other applicable laws. "Consumer Information" means any identifiers (including name, address, phone numbers, usernames, birthdates and e-mail addresses), sales, transaction, loyalty and payment history, and all other information about or related to any customer or prospective customer, including any information deemed "personal information" or "personal data" under applicable law. As used in this Agreement, the term "customer" refers to any person or entity (i) whose information is collected by any HR system or application or included in any consumer or customer database, file or system owned or controlled by HR, its parent, subsidiary or affiliate companies; (ii) who is included on any marketing or customer lists Franchisee develops or uses or any customer information generally collected and saved for any reason; (iii) who has purchased, purchases or intends to purchase products or services online, through an HR application, or at the Franchised Restaurant; or (iv) who has been solicited to purchase any products or services at the Franchised Restaurant. HR may use the Consumer Information as HR deems appropriate, including sharing it with HR's affiliates.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Hardees has the right to share consumer information with its affiliates. The FDD defines "Consumer Information" broadly, including identifiers like names, addresses, phone numbers, birthdates, email addresses, sales history, transaction details, loyalty program data, payment history, and any other data related to customers or prospective customers. This definition also encompasses any information considered "personal information" or "personal data" under applicable laws.
For a Hardees franchisee, this means that the consumer data collected through various channels, such as online orders, mobile applications, or in-store transactions, may be used by Hardees and its affiliated companies. This data usage is subject to any instructions and restrictions Hardees may impose and must comply with all relevant data privacy and security laws. The term "customer" is also broadly defined to include anyone whose information is collected by Hardees' systems, appears on marketing lists, or interacts with the franchise, whether online or in person.
This clause allows Hardees to leverage consumer data for marketing, analytics, and other business purposes across its network. While franchisees are permitted to use consumer information to fulfill their obligations under the franchise agreement, Hardees retains the right to utilize this data as it sees fit, including sharing it with affiliates. Franchisees should be aware of these terms and ensure their data collection and usage practices align with Hardees' policies and applicable laws.