Who owns the Customer Data used within the CRM Services for Camp Margaritaville?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
atform, Deliverables and Documentation, including any derivative works, modifications, Updates or Enhancements made by CRM Provider and/or Connection Platform, or by Customer in violation of these CRM Terms of Use. Customer acknowledges CRM Provider and/or Connection Platform and their licensors reserve all statutory, common law and international ownership, intellectual property rights, property rights, proprietary rights and moral rights in and to the CRM Services and/or Connection Platform, Deliverables and Documentation. Nothing in these CRM Terms of Use will be deemed to grant, by implication, estoppel or otherwise, any ownership or license of any part of the CRM Services and/or Connection Platform or under any of CRM Provider and/or Connection Platform's existing or future patents, copyrights, trademarks or intellectual property. Customer agrees not to remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in the CRM Services and/or Connection Platform or Documentation.
- (iv) Margaritaville is and will remain the sole and exclusive owner of all right, title, and interest in and to all Customer Data. Customer acknowledges and understands that Margaritaville has granted CRM Provider and Connection Platform a non-exclusive, fully paid, world-wide and irrevocable license to use the Customer Data as required to ensure provision of the CRM Services, and to copy, anonymize, aggregate, process, disaggregate, and display Disaggregated Data for the sole purposes of deriving or compiling or incorporating such Disaggregated Data with or into other similar data and information available, derived or obtained from other clients, customers, licensees or users of the CRM Services for internal statistical or performance analysis by CRM Provider and/or Connection Platform. Customer acknowledges and understands that Margaritaville's grant of license to CRM Provider and Connection Platform hereunder to the Disaggregated Data shall survive the expiration or termination of these CRM Terms of Use.
- (v) Customer agrees not to use the CRM Services and/or Connection Platform, Deliverables or Documentation in any manner that violates any local, state, federal or any law of other nations including but not limited to, any laws related to the posting or production of information that may violate third party rights, defame a third party, be obscene or pornographic, harass or assault others, violate hacking, privacy or computer crime regulations or laws.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, Margaritaville is the sole and exclusive owner of all right, title, and interest in and to all Customer Data. Customer Data includes data retrieved from, or inputted by, the Customer or end users of the CRM Services, data added by Customer or an end user to a CRM Services application as a result of Customer or end user access to the CRM Service(s) via the Connection Platform, data acquired for Customer by Margaritaville or CRM Provider and loaded into a CRM Services application, or any other data or information of Customer or end user accessed, obtained or provided to Margaritaville or CRM Provider by Customer or an end user pursuant to these CRM Terms of Use. Disaggregated Data, which is numerical or non-numerical data aggregated from multiple sources and masked to be anonymous, is also the sole property of Margaritaville.
While Camp Margaritaville owns the Customer Data, it grants a license to the CRM Provider and Connection Platform to use this data. This license allows them to use the Customer Data as required to ensure the provision of the CRM Services. They can also copy, anonymize, aggregate, process, disaggregate, and display Disaggregated Data. This is specifically for deriving, compiling, or incorporating such Disaggregated Data with other similar data from other clients for internal statistical or performance analysis.
This license granted to the CRM Provider and Connection Platform by Camp Margaritaville survives even if the CRM Terms of Use expire or terminate. However, the customer (franchisee) retains all right, title, and interest in any content that the customer provides to the CR System, excluding the Margaritaville Intellectual Property and Guest Profile Data, as defined in the Branding Agreement. This means that while Margaritaville owns the Customer Data, the franchisee retains ownership of the content they provide to the CR System, excluding specific elements defined in the Branding Agreement.
For a prospective Camp Margaritaville franchisee, this means that while they contribute to the collection of Customer Data through their operations, the ownership of that data resides with Margaritaville. The franchisee should understand the implications of this arrangement, particularly regarding how the data is used, shared, and protected. It is also important to review the Branding Agreement to fully understand what constitutes Margaritaville Intellectual Property and Guest Profile Data, as the franchisee retains ownership of their content excluding these elements.