What constitutes 'Customer Data' that a Benjamin Franklin Plumbing franchisee collects?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
All data that you collect from customers and potential customers in connection with the Franchised Business during the term of the Franchise Agreement ("Customer Data") is our proprietary information and property and you must provide the Customer Data to us at any time that we request. We reserve the right to require that you provide us with remote access to your computer systems and all data related to the Franchised Business stored therein, in a manner that meets our System Standards and specifications. You have the right to use Customer Data while the Franchise Agreement or a renewal Franchise Agreement is in effect, but only in connection with operating the Franchised Business and only in accordance with the policies that we establish from time to time. You may not sell, transfer, or use Customer Data for any purpose other than operating and marketing the Franchised Business. 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. At the expiration or termination of the Franchise Agreement for any reason, you will promptly turn over to us the Customer Data and make no further use of it for any purpose. Since your business relationship with customers is attributable solely to the Marks and the goodwill associated with the Marks, all such business relationships with all customers will revert to us and become our sole and exclusive property upon termination or expiration of the Franchise Agreement.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 64–65)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, Customer Data encompasses all data collected from customers and potential customers by a franchisee in connection with their Benjamin Franklin Plumbing franchised business during the term of the Franchise Agreement. This data is considered proprietary information and the property of the franchisor.
Benjamin Franklin Plumbing franchisees are required to provide this Customer Data to the franchisor upon request. The franchisor reserves the right to require remote access to the franchisee's computer systems and all data related to the franchised business stored within those systems, ensuring it meets the franchisor's System Standards and specifications. While the Franchise Agreement is active, franchisees have the right to use the Customer Data, but only for operating and marketing their Benjamin Franklin Plumbing franchise and in accordance with the franchisor's established policies.
Franchisees are prohibited from selling, transferring, or using Customer Data for any purpose outside of operating and marketing the Benjamin Franklin Plumbing franchised business. In the event the franchise is sold to a new owner approved by Benjamin Franklin Plumbing, the franchisee is required to transfer the Customer Data to the franchisor, who will then transfer it to the new owner, or the franchisor may direct the franchisee to transfer the data directly to the new owner. Upon expiration or termination of the Franchise Agreement, the franchisee must promptly turn over all Customer Data to Benjamin Franklin Plumbing and cease using it for any purpose. The FDD states that business relationships with customers are attributable to the Marks and goodwill associated with the Marks, meaning all customer relationships revert to the franchisor upon termination or expiration of the agreement.