For what purposes can Benjamin Franklin Plumbing use the business data it receives from franchisees?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
Data Access. We have the right to independently access (i) the systems that we require you to use in the operation of your Franchised Business from time to time, and/or (ii) any other systems that you use to store or process Confidential Information or to display the Marks and/or Proprietary Products to others. We also have the right to require you to deliver business data to us. We can use (and may authorize others to access and use) franchisees' business data to, among other uses: (i) verify sales; (ii) monitor progress of Franchised Businesses, including compliance with Minimum Performance Requirements; (iii) prepare a financial performance representation for our disclosure document; and (iv) share vendor and supplier pricing data with our affiliates. There is no contractual limitation on our right to receive or use this information.
We own and have the right to access all Customer Data (defined in Item 14), in whatever form existing, and wherever stored. Because we own the Customer Data, 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 the term of the Franchise Agreement, including marketing and cross-selling products and services. Whenever we request, and without request upon termination or expiration of your Franchise Agreement, you must promptly deliver all Customer Data in your possession or control, without retaining any of it 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.
If permitted by applicable law, we may monitor your e-mail, or other electronic communications and may disclose this information if we have a good faith reason to believe it is necessary for the purposes of ensuring your compliance with the Franchise Agreement or protecting our rights, property and interests (or those of our affiliates and franchisees and customers of our franchisees). As you use the BENJAMIN
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 46–57)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, the company has the right to access and use franchisees' business data for several purposes. These include verifying sales, monitoring the progress of franchised businesses (including compliance with Minimum Performance Requirements), preparing a financial performance representation for their disclosure document, and sharing vendor and supplier pricing data with its affiliates. There are no contractual limitations on Benjamin Franklin Plumbing's right to receive or use this information.
Benjamin Franklin Plumbing also owns and has the right to access all Customer Data. This data can be shared with affiliates, service providers, contracted third parties, or any other person for any purpose, without notifying or compensating the franchisee. This use extends both during and after the term of the Franchise Agreement, including for marketing and cross-selling products and services. Franchisees cannot sell or disclose any personal information or aggregated or non-aggregated Customer Data to anyone else without first obtaining Benjamin Franklin Plumbing's written consent.
Benjamin Franklin Plumbing may also monitor a franchisee's e-mail or other electronic communications, disclosing this information if it believes it is necessary to ensure compliance with the Franchise Agreement or to protect its rights, property, and interests, or those of its affiliates, franchisees, and customers of its franchisees. This broad access and usage policy highlights the importance for prospective franchisees to understand how their business and customer data will be utilized by Benjamin Franklin Plumbing.