factual
Does Ben Jerrys license the use of customer data back to the operator?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
| OPERATOR acknowledges and agrees that any customer lists, customer files, | |
|---|---|
| databases, records, mailing lists, and any other customer information obtained in conjunction | |
| with the operation of the OPERATOR’s Shop, or obtained in connection with OPERATOR’S | |
| Off-Premises Activities, On-Demand Sales and Mobile Vending (collectively, the “Customer | |
| Lists” ”), shall be the exclusive property of BEN & JERRY’S and shall constitute proprietary | |
| information of BEN & JERRY’S. BEN & JERRY’S has the right to use such Customer Lists in | |
| any manner that BEN & JERRY’S deems appropriate without compensation to OPERATOR. | |
| Such Customer Lists must be accessible to Ben & Jerry’s pursuant to Section 7.11.2 of this | |
| Agreement. OPERATOR may not, without the prior written consent of BEN & JERRY’S, | |
| disclose Customer Lists, or any portion thereof, to any person other than BEN & JERRY’S, | |
| either during the term of this Agreement or thereafter. | |
| BEN & JERRY’s privacy policies and practices related to the Customer Lists as specified in the | |
| Manual or otherwise in writing. BEN & JERRY’S hereby licenses the use of such data back to | |
| OPERATOR, at no additional cost, solely for the term of this Agreement and solely for | |
| OPERATOR’S use in connection with the Scoop Shop. |
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, any customer data obtained through the operation of the Scoop Shop or related activities is the exclusive property of Ben Jerrys. However, Ben Jerrys licenses the use of this data back to the operator.
This license is granted at no additional cost to the franchisee. The franchisee can only use the data during the term of their Franchise Agreement.
The franchisee's use of the customer data is specifically limited to activities connected with the Scoop Shop. This means the franchisee cannot use the data for any other business ventures or purposes outside of operating their Ben Jerrys location.
Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only.
It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.