Does Benjamin Franklin Plumbing have the right to access all Customer Data?
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. 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.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, Benjamin Franklin Plumbing owns and has the right to access all Customer Data. This includes Personal Information, sales and payment history, and all other information about any person or entity the Franchised Businesses have serviced, wherever stored, including data regarding customers of businesses converted to a Franchised Business, and any other information Benjamin Franklin Plumbing may identify in the Brand Standards Manuals. Personal Information includes any information that, by itself or in conjunction with other information, may be used to specifically identify an individual, such as name, physical address, telephone number, e-mail address, social media accounts, billing and payment history, customer service requests, and any other information as defined in applicable law.
Benjamin Franklin Plumbing can share this Customer Data with its affiliates, service providers, contracted third parties, or any other person, for any purpose, without notifying or compensating the franchisee, both during and after the agreement. This includes using the data for performing services for Benjamin Franklin Plumbing or its parents or affiliates, as well as for marketing and cross-selling products and services.
Upon request, and without request upon termination or expiration of the agreement, the franchisee is required to promptly deliver to Benjamin Franklin Plumbing all Customer Data in their possession or control, without retaining any of Customer Data in any media. The franchisee may not sell or disclose to anyone else any Personal Information or aggregated or non-aggregated Customer Data without first obtaining Benjamin Franklin Plumbing's 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 Benjamin Franklin Plumbing, the franchisee is required to transfer the Customer Data to Benjamin Franklin Plumbing and they will transfer the Customer Data to the new owner, or they may require the franchisee, in their sole discretion, to transfer the Customer Data directly to the new owner. The franchisee must install and maintain the security measures and devices necessary to protect Customer Data from unauthorized access or disclosure.