Who owns the customer data generated or obtained by the Guarantor for Bombs Away?

According to Bombs Away's 2024 Franchise Disclosure Document, all customer data generated or obtained by the Guarantor is considered Confidential Information and is owned by Bombs Away Franchising. This is detailed within the Guaranty and Non-Compete Agreement that the Guarantor executes. This agreement ensures that the Guarantor acknowledges Bombs Away Franchising's ownership of this data.

This means that while a franchisee operates a Bombs Away business, the customer data collected through those operations ultimately belongs to the franchisor, Bombs Away Franchising. The Guarantor, who is guaranteeing the franchisee's obligations, also acknowledges this ownership. This is a common practice in franchising, allowing the franchisor to maintain control over valuable customer information for marketing, analytics, and overall brand management.

The Guarantor must treat this customer data as Confidential Information, adhering to security procedures, disclosing it only to employees on a need-to-know basis, and refraining from using it in any unauthorized manner. This obligation extends even after the termination or expiration of the Franchise Agreement, ensuring the continued protection of this data. This clause survives the termination or expiration of the Franchise Agreement indefinitely.

For a prospective Bombs Away franchisee, this highlights the importance of understanding data ownership and usage rights within the franchise system. While franchisees benefit from using the data to serve their customers, they do not own it and must comply with Bombs Away Franchising's policies regarding its use and protection.