When must a Benjamin Franklin Plumbing franchisee deliver all Customer Data to the franchisor?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
8.7.2 Franchisor owns and has the right to access all Customer Data, in whatever form existing, and wherever stored. Because we own the Customer Data, including Personal Information, we can (subject to applicable law) share it with our affiliates, service providers, contracted third parties, or any other person, for any purpose, without notifying or compensating 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.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, franchisees are required to promptly deliver all Customer Data to Benjamin Franklin Plumbing whenever the franchisor requests it. This requirement exists both during the term of the Franchise Agreement and even after its termination or expiration. The franchisee must deliver the data without retaining any copies in any media.
Customer Data, as defined in the FDD, includes Personal Information (such as names, addresses, phone numbers, email addresses, and social media accounts), sales and payment history, and any other information about customers that the franchised business has serviced. This broad definition means franchisees must be meticulous in collecting and transferring all relevant customer-related information to Benjamin Franklin Plumbing upon request.
This obligation extends to transferring Customer Data to a new owner if the franchised business is sold and the new owner continues to operate under an agreement with Benjamin Franklin Plumbing. In such cases, the franchisee may be required to transfer the data directly to the new owner at Benjamin Franklin Plumbing's discretion. Franchisees are also prohibited from selling or disclosing any Personal Information or aggregated Customer Data to anyone else without prior written consent from Benjamin Franklin Plumbing, highlighting the franchisor's strict control over this data.