What must a Learningrx franchisee do upon receiving a request regarding Customer Data from a consumer?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
greement or the Operations Manual. For purposes of this Section 12.03, "Security Incident" means any actual or suspected accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data in violation of applicable Privacy Laws, this Agreement or the Operations Manual.
- (f) promptly provide Franchisor with the ability to delete, access or copy Customer Data in Franchisee's possession or control;
- (g) promptly notify Franchisor of any request regarding Customer Data received by the Franchisee from a "consumer" as defined by applicable Privacy Laws;
- (h) adopt policies, procedures, and controls, including those set out in the Operations Manual, if any, that enable Franchisee to respond, and to cause its agents and employees to respond, promptly to any rights request made pursuant to applicable Privacy Laws, including any disclosure request, deletion request, or opt-out request;
- (i) adopt policies, procedures, and controls, including those set out in the Operations Manual, if any, that limit access to Customer Data to only those employees that have a need-to-know basis based on specific job function or role. Franchisee will provide data privacy and security training to employees who have access to Customer Data or who operate or have access to system controls and will require employees to adhere to data confidentiality terms providing for the protection of Customer Data in accordance with this Agreement and the Operations Manual; and
- (j) maintain Customer Data in confidence in accordance with Section 7 of this Franchise Agreement.
- 12.4 Uniformity and Image. In order to maintain uniform standards of quality, appearance, and marketing, it is essential that Franchisee conform to Franchisor's standards and specifications. While Franchisee will manage its own operations and employees, Franchisee must agree and conform with all the requirements of this Section.
- 12.5 Opening and Operations. Franchisee must open the Business within nine (9) months from the Effective Date of this Agreement. Franchisor will have the right to terminate this Agreement if Franchisee fails to open the business within nine (9) months from the Effective Date of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, when a franchisee receives a request regarding Customer Data from a consumer, as defined by applicable Privacy Laws, the franchisee must promptly notify Learningrx. Additionally, the Learningrx franchisee must adopt policies, procedures, and controls that enable the franchisee and their agents and employees to respond promptly to any rights request made pursuant to applicable Privacy Laws, including any disclosure request, deletion request, or opt-out request. The franchisee must also provide Learningrx with the ability to delete, access, or copy Customer Data in the franchisee's possession or control.
Customer Data includes information, records, lists, or data that contains Personal Information. Personal Information includes data that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, potential consumer, individual, or household. This information is collected, maintained, or generated in the operation of the Learningrx Franchised Business, including through the use of a point of sale system.
Furthermore, the Learningrx franchisee must adopt policies, procedures, and controls that limit access to Customer Data to only those employees with a need-to-know based on their specific job function or role. The franchisee is also required to provide data privacy and security training to employees who have access to Customer Data or who operate or have access to system controls. These employees must adhere to data confidentiality terms that protect Customer Data in accordance with the Franchise Agreement and the Operations Manual. The franchisee must also maintain Customer Data in confidence.
These measures ensure that Learningrx franchisees handle customer data responsibly and in compliance with privacy laws, which is crucial for maintaining customer trust and avoiding legal issues. Franchisees should carefully review the Operations Manual and seek guidance from Learningrx to fully understand and implement these requirements.