Who owns the data generated by the Computer Systems in a Burneys Sweets More franchise?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall provide Franchisor with all required passwords or login credentials to access the Computer Systems and shall grant Franchisor any permissions necessary for Franchisor to view and access the data on the Computer Systems.
Data relating to the Shop and/or the System that is generated by, stored on, saved to, downloaded or uploaded to, shared with the Computer Systems is part of the Franchised Business Data owned solely by Franchisor.
Despite the fact that Franchisee agrees to buy, use, and maintain the Computer Systems according to Franchisor's standards and specifications, Franchisee will have sole and complete responsibility for: (1) the acquisition, operation, maintenance, and upgrading of the Computer Systems; (2) the manner in which the Computer Systems interfaces with Franchisor's and any third party's computer system; and (3) any and all consequences if the Computer Systems is not properly operated, maintained, and upgraded.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisor owns the data generated by the Computer Systems. The FDD specifies that any data related to the shop or the Burneys Sweets More system that is generated, stored, saved, downloaded, uploaded, or shared with the computer systems is considered part of the Franchised Business Data and is solely owned by Burneys Sweets More.
This means that while the franchisee is responsible for buying, using, and maintaining the computer systems according to Burneys Sweets More's standards, the data produced by these systems belongs to the franchisor. The franchisee must also provide Burneys Sweets More with all necessary passwords and login credentials to access the computer systems and grant the franchisor any permissions needed to view and access the data.
This is a fairly standard practice in franchising, as the franchisor often wants to monitor performance, customer trends, and other key metrics across the entire franchise system. It is important for a prospective Burneys Sweets More franchisee to understand that they will not have exclusive control over the data generated by their business's computer systems and must comply with Burneys Sweets More's data access policies.