How does Goldfish Swim School access a franchisee's computer and point-of-sale data?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee must provide Franchisor with all of the data required by Franchisor in the Confidential Brand Standards Manual in a format readily usable by Franchisor. All data pertaining to, derived from, or displayed at the Franchised Swim School (including without limitation, data pertaining to or otherwise about Franchised Swim School customers, including Customer Personal Data) is and shall be Franchisor's exclusive property, and Franchisor hereby grants Franchisee with a royalty-free non-exclusive license to use that data during the Term of this Agreement and any renewal term. Franchisee agrees that all data collected from customers and potential customers in connection with the Franchised Swim School, including but not limited to Customer Personal Data, (collectively, "Customer Data") is deemed to be owned exclusively by Franchisor, and Franchisee agrees to provide Customer Data to Franchisor at any time that Franchisor requests. Franchisee has the right to use Customer Data while this Agreement is in effect, but only in connection with operating the Franchised Swim School and only in accordance with the policies established by Franchisor from time to time. Franchisee shall not sell, assign, transfer or use Customer Data for any purpose other than operating the Franchised Swim School and marketing the Franchise System services and products. Franchisee agrees to abide by all applicable laws pertaining to the privacy of customer, employee and transactional information ("Privacy Laws").
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, franchisees are required to provide data in a format readily usable by the franchisor, as specified in the Confidential Brand Standards Manual. This includes data pertaining to customers, referred to as Customer Personal Data. All such data is considered the exclusive property of Goldfish Swim School. The franchisee is granted a royalty-free, non-exclusive license to use this data during the term of the agreement and any renewals, but only in connection with operating the franchised swim school.
Goldfish Swim School maintains ownership of all data collected from customers and potential customers, including Customer Personal Data. Franchisees must provide this data to Goldfish Swim School upon request. While franchisees can use this data to operate their location and market the franchise's services, they are prohibited from selling, assigning, transferring, or using the data for any other purpose. Franchisees must also comply with all applicable privacy laws related to customer, employee, and transactional information.
In practical terms, this means that as a Goldfish Swim School franchisee, you will need to ensure that your computer and point-of-sale systems are set up to collect and transmit data in a format that is easily accessible and usable by the franchisor. You will also need to be diligent in protecting customer data and adhering to privacy laws. The franchisor's right to access and use this data allows them to monitor the performance of individual locations, analyze customer trends, and ensure compliance with system standards. This also enables Goldfish Swim School to refine its marketing strategies and improve the overall customer experience across the franchise system.