What systems does Benjamin Franklin Plumbing have the right to independently access related to my Franchised Business?
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.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 46–57)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, Benjamin Franklin Plumbing has the right to independently access specific systems related to your franchised business. This includes systems that Benjamin Franklin Plumbing requires you to use in the operation of your franchise. It also extends to any other systems you use to store or process confidential information or to display the Benjamin Franklin Plumbing marks and/or proprietary products.
Benjamin Franklin Plumbing also has the right to require you to deliver business data to them. They can use (and allow others to use) this data to verify sales, monitor the progress of your franchise (including compliance with Minimum Performance Requirements), prepare financial performance representations for their disclosure document, and share vendor and supplier pricing data with their affiliates. There is no contractual limitation on Benjamin Franklin Plumbing's right to receive or use this information.
Furthermore, Benjamin Franklin Plumbing owns and has the right to access all Customer Data, regardless of its form or storage location. They can share this data with 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. You must promptly deliver all Customer Data upon request or upon termination or expiration of your Franchise Agreement, without retaining any of it. You cannot sell or disclose any personal information or aggregated/non-aggregated Customer Data without Benjamin Franklin Plumbing's written consent. If you sell the franchise to a new owner who will continue operating under an agreement with Benjamin Franklin Plumbing, you are required to transfer the Customer Data to them, who will then transfer it to the new owner, or Benjamin Franklin Plumbing may require you to transfer the data directly to the new owner.