For what purpose can the operator use the customer data licensed back to them by Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
ROSPECTIVE OPERATOR is not an existing operator in the System prior to entering into this Agreement, the Deposit shall be in the amount of $10,000. If the PROSPECTIVE
OPERATOR is an existing operator in the System prior to entering into this Agreement, the Deposit shall be in the amount of $5,000.
- Extension of Evaluation Period and Refundability of the Deposit. In the event that PROSPECTIVE OPERATOR desires an extension of the Evaluation Period, PROSPECTIVE OPERATOR must submit a request, in writing, at least thirty (30) days prior to the expiration of the Evaluation Period. The Evaluation Period then may be extended, at BEN & JERRY'S discretion, for a period of six (6) months for each extension.
At the end of the initial Evaluation Period or, if applicable, the last of any granted extensions, this Preliminary Agreement shall automatically expire and be of no further force or effect except as specifically set forth herein.
| 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. |
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 & Jerry's. However, Ben & Jerry's licenses the use of this data back to the operator.
The operator can only use the customer data during the term of their Franchise Agreement. Furthermore, the operator's use of the data is restricted to activities directly related to the operation of their Ben & Jerry's Scoop Shop.
This means a franchisee cannot use the data for any other business ventures or share it with third parties without explicit written consent from Ben & Jerry's. This ensures that customer data is protected and used solely to benefit the Ben & Jerry's brand and the individual Scoop Shop during the franchise term.