What is considered 'Personal Information' for a Benjamin Franklin Plumbing franchise?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
you, both during and after this Agreement, including for the performance of services for Franchisor or its parents or affiliates, as well as for marketing and crossselling products and services of any of the foregoing parties. Whenever we request, and without request upon termination or expiration of this Agreement, you are required to promptly deliver to Franchisor all Customer Data in your possession or control, without retaining any of Customer Data in any media. You may not sell or disclose to anyone else any Personal Information or aggregated or non-aggregated Customer Data without first obtaining our written consent. In the event of an approved sale of the Franchised Business to a new owner who will continue to operate the Franchised Business under an agreement with us, you are required to transfer the Customer Data to us and we will transfer the Customer Data to the new owner, or we may require you, in our sole discretion, to transfer the Customer Data directly to the new owner. You agree to install and maintain the security measures and devices necessary to protect Customer Data from unauthorized access or disclosure, including (but not limited to) the minimum measures in Section 8.8.
8.8. Privacy and Security.
8.8.1 You are required to comply with applicable laws and our requirements pertaining to the collection, use, processing, protection, integrity, transfer of, consumer access to, correction of, and deletion of Personal Information. You are required to ensure that you collect Personal Information with express or implied consent of the consumer. Where required by applicable law, you are required to provide a written privacy notice to consumers regarding your collection, use, and disclosure of Personal Information, and are required to comply in all respects with any such written privacy policy. In addition to any restrictions set forth in Section 8.7.2 above, if Franchisor provides Franchisee with Personal Information (i) for the purpose of performing a service on behalf of Franchisor, or (ii) at the direction of the consumer, then the following restrictions shall apply to Franchisee's use of such Personal Information: Franchisee shall not (i) sell, rent, release, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, Personal Information; (ii) retain, use, or disclose Personal Information for any purpose other than fulfilling the purpose for which it was provided and as permitted in this Agreement, including any restrictions set forth in Section 10;
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing FDD, franchisees must comply with all applicable laws and the franchisor's requirements regarding the handling of Personal Information. This includes how it is collected, used, processed, protected, transferred, and even deleted, as well as how consumers can access and correct their data. Franchisees must obtain express or implied consent from consumers before collecting their Personal Information.
Benjamin Franklin Plumbing franchisees are typically required to provide a written privacy notice to consumers, outlining how their Personal Information is collected, used, and disclosed. The franchisee must adhere to this privacy policy. If the franchisor provides Personal Information to the franchisee for specific purposes such as performing a service or at the consumer's direction, the franchisee is restricted from selling, renting, or disclosing this information for any other purpose. They can only use it to fulfill the intended service and as permitted by the franchise agreement.
Furthermore, the Benjamin Franklin Plumbing franchisee must certify that they understand and will comply with all applicable laws regarding Personal Information provided by the franchisor. Franchisees are also obligated to assist the franchisor in complying with consumer requests to exercise their rights under applicable laws, including deleting Personal Information upon the franchisor's request. Protecting data, whether it is Personal Information, Customer Data, or Confidential Information, is crucial, and franchisees must implement industry-standard security measures to prevent unauthorized access, loss, or disclosure.