Under the Remax agreement, what does the customer warrant regarding their computer systems and software?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
You are solely responsible for securing your Computer System and protecting it from viruses, malware, spyware, malicious code, communication disruptions, Internet access and content failures, and attacks by hackers and other unauthorized parties and you must comply with privacy and data security laws and regulations. (See Subsection 8.C.) We require that you take steps to secure your Computer System and to protect it from social engineering attacks that would compromise user passwords, and that you establish best practices for password management as you are responsible for any losses or damages. We also require that you install and continually update Microsoft Windows (patches, service packs, and upgrades), macOS (patches and upgrades), web browser and application updates, as well as anti-virus systems, firewalls and application updates. In the interest of protecting the RE/MAX brand, the RE/MAX Marks and the RE/MAX System, you must notify us and/or REMAX, LLC immediately of any data or security incident or breach related to your Office, including any unauthorized access to your Computer System, and specify the extent to which personal information may have been compromised. You must also, at your expense, retain a qualified and independent data security expert ("remediation expert") to assess the nature and scope of the breach. If we request, you agree to provide us with a written report detailing the remediation expert's findings. You agree to fully cooperate with us and REMAX, LLC with respect to any media statements and other items related to managing any such incident, including fact finding or mitigation/defense actions we deem advisable (see also Crisis Communications, Subsection 8.P.). In addition, you agree to keep us informed about the status of the incident or breach, including identifying all steps you take to remedy or resolve the matter.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, the franchisee is responsible for securing their computer systems and protecting them from various threats. This includes viruses, malware, spyware, malicious code, communication disruptions, internet access and content failures, and attacks by hackers and other unauthorized parties. Franchisees must also comply with privacy and data security laws and regulations.
Remax requires franchisees to take steps to secure their computer systems and protect them from social engineering attacks that could compromise user passwords. They must also establish best practices for password management, as they are responsible for any losses or damages. This includes installing and continually updating Microsoft Windows (patches, service packs, and upgrades), macOS (patches and upgrades), web browser and application updates, as well as anti-virus systems, firewalls, and application updates.
In the event of a data or security incident or breach related to the franchisee's office, including any unauthorized access to their computer system, Remax requires immediate notification. The franchisee must specify the extent to which personal information may have been compromised. Additionally, the franchisee is responsible for retaining a qualified and independent data security expert to assess the nature and scope of the breach. A written report detailing the expert's findings must be provided to Remax if requested.
Furthermore, the franchisee must fully cooperate with Remax regarding any media statements and other items related to managing such incidents, including fact-finding or mitigation/defense actions deemed advisable by Remax. The franchisee is obligated to keep Remax informed about the status of the incident or breach, including identifying all steps taken to remedy or resolve the matter. This ensures the protection of the Remax brand, the Remax Marks, and the Remax System.