For what purpose can Ben Jerrys use the data retrieved from the OPERATOR's Computer System?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
nd other data with other computers, by such means (including the Internet and the B&J Extranet), and using such protocols (e.g., TCP/IP), as BEN & JERRY'S may prescribe in the Manual or otherwise in writing. OPERATOR shall maintain at all times, access to the B&J Extranet in the manner specified by BEN & JERRY'S in the Manual or otherwise in writing. If required by BEN & JERRY'S, OPERATOR shall from time to time execute such agreements or acknowledge such policies as BEN & JERRY'S may prepare to set forth the terms of use for the B&J Extranet, and OPERATOR agrees at all times to comply;
- 7.11.2 BEN & JERRY'S shall have the right from time to time, and at any time, to retrieve data and information relating to the operations of the Scoop Shop from OPERATOR's Computer System, by modem or other requested means, and use it for any reasonable business purpose both during and after the term of this Agreement. BEN & JERRY'S may, from time to time, specify in the Manual or otherwise in writing the information that OPERATOR shall collect and maintain on the Computer System installed at the Scoop Shop, and OPERATOR shall provide to BEN & JERRY'S such reports as BEN & JERRY'S may reasonably request from the data so collected and maintained, which shall be in the form and format prescribed or approved by BEN & JERRY'S;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys has extensive rights regarding the data from the Operator's Computer System. Ben Jerrys can retrieve data relating to the Scoop Shop's operations and use it for any reasonable business purpose during and after the franchise agreement. This includes all data provided by the Operator, uploaded to Ben Jerrys's system, or downloaded from the Operator's system, including customer lists.
Ben Jerrys owns this data exclusively and can use it in any business-related manner without compensating the Operator. While Ben Jerrys will make reasonable efforts to avoid publicly disseminating confidential financial information in a way that identifies the Operator, they can share the data with third parties, including consultants and existing or potential operators.
This means a Ben Jerrys franchisee must provide access to their operational data and customer information, understanding that Ben Jerrys can use this information for various business purposes, including market analysis, strategic planning, and sharing with other parties. The franchisee essentially relinquishes control over this data to Ben Jerrys.
The franchisee is responsible for maintaining and upgrading their computer system as directed by Ben Jerrys, ensuring it can transmit the required data. This includes purchasing specified hardware and software. The franchisee bears the risk of any computer system problems. This arrangement is typical in many franchise systems where the franchisor needs consistent data for system-wide management and marketing efforts.