Who owns the Franchised Business Data collected by a Burneys Sweets More franchisee?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall maintain a current list of the names, addresses, email addresses and telephone numbers of the customers and past customers who have provided such information to the Shop ("Customer List").
Franchisee shall provide the Customer List to the Franchisor upon request.
Franchisee shall also use the Computer Systems that Franchisor designates to create, store, maintain, and share the Customer List.
The Customer List shall be the property of Franchisor and Franchisor shall have the right to use the Customer List for any purposes, in Franchisor's sole discretion.
Franchisee shall not collect, use, process, store, share, or sell any information from the Customer List to or with any person or entity other than Franchisor without the express written consent of Franchisor.
Franchisee shall not delete any information that is in the Customer List without Franchisor's prior written consent or unless doing so is in accordance with the Data Protection and Security Policies.
Likewise, other data collected by Franchisee or Franchisee's Computer Systems in connection with the Shop (Customer List and the other data collectively referred to herein as "Franchised Business Data") is deemed to be owned by Franchisor, and Franchisee agrees to furnish the Franchised Business Data to Franchisor at any time that Franchisor requests it.
Franchisee shall also use the Computer Systems that Franchisor designates to create, store, maintain, and share the Franchised Business Data.
Franchisor hereby grants Franchisee a non-exclusive limited license to use Franchised Business Data while this Agreement or a successor franchise agreement is in effect, but only in accordance with the standards, specifications, procedures, and policies that Franchisor establishes periodically and applicable law.
Upon termination, non-renewal, transfer, or expiration of this Agreement for any reason, Franchisor shall be the exclusive owner of Franchised Business Data and Franchisee shall not use or disclose the Franchised Business Data in any form or manner.
Franchisee shall not be due any compensation based upon Franchisor's use of the Franchised Business Data.
Franchisee may not collect, sell, disclose, share, transfer, or use Franchised Business Data for any purpose other than operating the Shop.
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 Franchised Business Data. This data includes the Customer List (names, addresses, email addresses, and telephone numbers of customers who have provided such information) and other data collected by the franchisee or the franchisee's Computer Systems in connection with the shop.
Burneys Sweets More requires franchisees to use designated Computer Systems to create, store, maintain, and share both the Customer List and the Franchised Business Data. While the franchise agreement is in effect, Burneys Sweets More grants the franchisee a non-exclusive limited license to use this data, but only in accordance with the standards, specifications, procedures, and policies that Burneys Sweets More establishes and applicable law.
Upon termination, non-renewal, transfer, or expiration of the franchise agreement for any reason, Burneys Sweets More becomes the exclusive owner of the Franchised Business Data, and the franchisee is prohibited from using or disclosing the data in any form or manner. The franchisee is not entitled to any compensation based on Burneys Sweets More's use of the Franchised Business Data and may not collect, sell, disclose, share, transfer, or use the data for any purpose other than operating the shop.