Who owns the data collected on the Computer System at Brueggers Bagels?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
9.2.1. All data you collect, create, provide, or otherwise develop on your Computer System, whether or not uploaded to our system from your system, and/or downloaded from your system to our system, is and will be owned exclusively by us, and we will have the right to access, download, and use such data in any manner that we deem appropriate without compensation to you.
9.2.2. All other data that you create or collect in connection with the System, and in connection with your operation of the Bakery (including but not limited to customer and transaction data), is and will be owned exclusively by us during the term of, and following termination or expiration of, this Agreement.
9.2.3. You agree to transfer to us all data that we do not automatically collect upon our request.
9.2.4. We hereby license use of such data back to you, at no additional cost, solely for the term of this Agreement and solely for your use in connection with operating the Bakery under the System. You acknowledge and agree that except for the right to use the data under this clause, you will not develop or have any ownership rights in or to the data.
9.2.5. Upon termination, expiration, and/or transfer of this Agreement and/or the Bakery, you agree to provide us with all data (in the digital machine-readable format that we specify, and/or printed copies, and/or originals) promptly upon our request.
9.3. Data Requirements and Usage.
We may periodically specify in the Manual or otherwise in writing the information that you must collect and maintain on the Computer System installed at the Bakery, and you must provide to us such reports as we may reasonably request from the data so collected and maintained.
All data pertaining to or derived from the Bakery (including, without limitation, data pertaining to or otherwise about Bakery customers) is and shall be our exclusive property, and we hereby grant a royalty-free non-exclusive license to you to use such data during the term of this Agreement.
9.3.1. You must abide by all applicable laws pertaining to the privacy of consumer, employee, and transactional information ("Privacy Laws").
9.3.2. You must comply with our standards and policies pertaining to the privacy of consumer, employee, and transactional information.
If there is a conflict between our standards and policies and Privacy Laws, you must: (a) comply with the requirements of Privacy Laws; (b) immediately give us written notice of such conflict; and (c) promptly and fully cooperate with us and our counsel in determining the most effective way, if any, to meet our standards and policies pertaining to privacy within the bounds of Privacy Laws.
- 9.3.3. You must not publish, disseminate, implement, revise, or rescind a data privacy policy without our prior written consent as to such policy.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, all data collected, created, provided, or developed on the Computer System is exclusively owned by the franchisor. This includes data uploaded to or downloaded from their system, regardless of whether the franchisee collects it. Brueggers Bagels has the right to access, download, and use this data in any manner they deem appropriate, without providing any compensation to the franchisee. This also extends to all other data created or collected in connection with the System and the operation of the Bakery, including customer and transaction data, which is owned exclusively by Brueggers Bagels during the term of the agreement and even after termination or expiration.
Brueggers Bagels licenses the use of this data back to the franchisee at no additional cost, but only for the term of the Franchise Agreement and solely for use in connection with operating the Bakery under the System. The franchisee acknowledges that they will not develop or have any ownership rights to the data, except for this limited right to use it. Upon termination, expiration, or transfer of the Franchise Agreement or the Bakery, the franchisee must provide Brueggers Bagels with all data in the specified digital, printed, or original formats upon request.
Brueggers Bagels may periodically specify the information that franchisees must collect and maintain on the Computer System and require reports from the data collected. All data pertaining to or derived from the Bakery, including customer data, is the exclusive property of Brueggers Bagels. However, Brueggers Bagels grants the franchisee a royalty-free, non-exclusive license to use such data during the term of the agreement. Franchisees must also abide by all applicable privacy laws and Brueggers Bagels's standards and policies regarding consumer, employee, and transactional information. Franchisees cannot publish, disseminate, implement, revise, or rescind a data privacy policy without Brueggers Bagels's prior written consent.
This arrangement is fairly common in franchising, as it allows the franchisor to maintain control over important data related to the brand and customer base. For a prospective Brueggers Bagels franchisee, this means they will have access to data to run their bakery effectively, but they will not own the data and must relinquish it upon termination of the agreement. They must also adhere to Brueggers Bagels's data policies and privacy standards, ensuring consistency across all franchise locations.