What is the Ben Jerrys OPERATOR required to do in regards to data privacy policies?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
s, and the computer systems of third parties; and (c) any and all consequences that may arise if OPERATOR's Computer System is not properly operated, maintained or upgraded;
7.11.4 BEN & JERRY'S may from time to time develop or authorize others to develop software programs for use in the System, which OPERATOR may be required to purchase and/or license, and use without individual modification or customization, in connection with the Scoop Shop and for which OPERATOR may be required to execute a license, sublicense, or maintenance agreement with BEN & JERRY'S or an approved vendor; and
7.11.5 OPERATOR shall abide by all applicable laws pertaining to the privacy of consumer, employee, and transactional information ("Privacy Laws"). OPERATOR shall comply with BEN & JERRY'S standards and policies pertaining to privacy information. If there is a conflict between BEN & JERRY'S such standards and policies and the Privacy Laws, OPERATOR shall: (a) comply with the requirements of the Privacy Laws; (b) immediately give BEN & JERRY'S written notice of said conflict; and (c) promptly and fully cooperate with BEN & JERRY'S and its counsel in determining the most effective way, if any, to meet BEN & JERRY'S standards and policies pertaining to privacy information. OPERATOR agrees not to publish, disseminate, implement, revise or rescind a data privacy policy without BEN & JERRY'S prior written consent.
7.11.6 OPERATOR shall comply with the standards and procedures developed by BEN & JERRY'S for the System, in the manner directed by BEN & JERRY'S in the Manual or otherwise in writing, with regard to OPERATOR's authorization to use, and use of, blogs, common social networks (such as "Facebook" and "Myspace"), professional networks (such as "Linked-In"), live blogging tools (such as "Twitter"), virtual worlds, file, audio and video sharing sites and other similar social networking media or tools ("Social Media") that in any way references the Proprietary Marks or involves the System or the Scoop Shop.
7.11.7 OPERATOR agrees to maintain, at all times, credit card relationships with the credit and debit card issuers or sponsors, check or credit verification services, financialcenter services, merchant service providers, and electronic fund transfer systems (together, "Credit Card Vendors")
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the OPERATOR must adhere to all relevant privacy laws concerning consumer, employee, and transactional data. These laws are referred to as "Privacy Laws." The OPERATOR is also required to comply with Ben Jerrys's standards and policies related to privacy information. If there is a conflict between these standards and Privacy Laws, the OPERATOR must comply with the Privacy Laws, notify Ben Jerrys in writing about the conflict, and fully cooperate with Ben Jerrys to find a way to meet Ben Jerrys's standards while adhering to the Privacy Laws. The OPERATOR cannot publish, disseminate, implement, revise, or rescind a data privacy policy without Ben Jerrys's prior written consent.
Ben Jerrys also maintains ownership of customer lists, files, databases, records, mailing lists, and any other customer information obtained through the operation of the Scoop Shop or related activities. Ben Jerrys has the right to use these customer lists as they see fit without compensating the OPERATOR. The OPERATOR must ensure that these customer lists are accessible to Ben Jerrys. The OPERATOR is prohibited from disclosing these customer lists to any third party without prior written consent from Ben Jerrys, both during and after the term of the agreement. The OPERATOR must also comply with Ben Jerrys's privacy policies and practices related to these customer lists, as specified in the manual or in writing. Ben Jerrys licenses the use of this data back to the OPERATOR for the term of the agreement, at no additional cost, solely for use in connection with the Scoop Shop.
These stipulations ensure that Ben Jerrys maintains control over customer data and that franchisees operate within a consistent framework of data privacy. This is typical in franchise systems where brand consistency and customer data management are crucial. A prospective franchisee should clarify with Ben Jerrys what specific data privacy policies and standards they will need to implement and maintain, as well as the procedures for handling customer data and resolving any conflicts between Ben Jerrys's policies and applicable privacy laws.