Under what conditions is a Benjamin Franklin Plumbing franchisee prohibited from selling or transferring Personal Information provided by the franchisor?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition to any restrictions set forth in Section 8.7.2 above, if Franchisor provides Franchisee with Personal Information (i) for the purpose of performing a service on behalf of Franchisor, or (ii) at the direction of the consumer, then the following restrictions shall apply to Franchisee's use of such Personal Information: Franchisee shall not (i) sell, rent, release, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, Personal Information; (ii) retain, use, or disclose Personal Information for any purpose other than fulfilling the purpose for which it was provided and as permitted in this Agreement, including any restrictions set forth in Section 10; or (iii) retain, use, or disclose Personal Information outside of the direct business relationship between Franchisor and Franchisee. If Franchisor provides Personal Information to Franchisee, Franchisee certifies that it understands and will comply with the restrictions and obligations under any applicable laws on such Personal Information. Upon Franchisor's request, Franchisee shall provide reasonable assistance to Franchisor in complying with any request from a consumer to exercise rights under any applicable law. Without limiting the foregoing, upon Franchisor's request, Franchisee shall delete some or all Personal Information that Franchisee maintains.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, a franchisee faces specific restrictions regarding the use of Personal Information provided by the franchisor. If Benjamin Franklin Plumbing provides a franchisee with Personal Information either to perform a service on behalf of the franchisor or at the direction of a consumer, the franchisee is then subject to certain prohibitions.
Under these conditions, the Benjamin Franklin Plumbing franchisee is not allowed to sell, rent, release, disseminate, make available, transfer, or otherwise communicate Personal Information, whether orally, in writing, or by electronic means. Furthermore, the franchisee cannot retain, use, or disclose the Personal Information for any purpose other than fulfilling the specific purpose for which it was provided, adhering to the franchise agreement, or as restricted in Section 10 of the agreement. The franchisee is also prohibited from retaining, using, or disclosing Personal Information outside of the direct business relationship between Benjamin Franklin Plumbing and the franchisee.
These restrictions ensure that Personal Information is handled responsibly and in compliance with privacy laws. The franchisee must also certify that they understand and will comply with all applicable laws regarding such Personal Information. Additionally, the franchisee is obligated to assist Benjamin Franklin Plumbing in complying with consumer requests to exercise their rights under applicable laws, including deleting Personal Information upon request. This framework protects consumer privacy and maintains the integrity of data within the Benjamin Franklin Plumbing franchise system.