Who owns the data collected, created, provided, or developed 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.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, all data collected, created, provided, or developed on the Computer System is exclusively owned by Brueggers Bagels. This includes data uploaded to or downloaded from their system, regardless of whether it originates from the franchisee's own system. 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.
Brueggers Bagels also owns all other data created or collected in connection with the System and the operation of the bakery, including customer and transaction data, both during the term of the agreement and after its termination or expiration. Franchisees are required to transfer any data not automatically collected to Brueggers Bagels upon request.
However, Brueggers Bagels licenses the use of this data back to the franchisee at no additional cost, but only for the duration of the agreement and solely for operating the bakery under the Brueggers Bagels system. The franchisee acknowledges that they do not have any ownership rights to the data, except for this limited right to use it. Upon termination, expiration, or transfer of the agreement, the franchisee must promptly provide all data to Brueggers Bagels in the specified digital format, printed copies, or originals upon request.
Brueggers Bagels may periodically specify the information that franchisees must collect and maintain on the Computer System and require franchisees to provide reports based on this data. All data pertaining to the bakery, including customer data, is the exclusive property of Brueggers Bagels, who grants the franchisee a royalty-free, non-exclusive license to use the data during the term of the agreement. This means that while franchisees can use the data to run their business, they do not own it and must relinquish it when the franchise agreement ends.