What data pertaining to a Goldfish Swim School is considered the franchisor's exclusive property?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall submit to Franchisor copies of all state sales tax returns that are required to be filed with the appropriate governmental agency and such other records as Franchisor may reasonably request from time to time or as specified in the Confidential Brand Standards Manual. Franchisor shall have the right to release financial and operational information relating to the Franchised Swim School to Franchisor's lenders or prospective lenders. Franchisee shall certify as true and correct all reports to be submitted pursuant to this Agreement. 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, all data pertaining to, derived from, or displayed at a franchised location is considered the franchisor's exclusive property. This includes data about customers, including Customer Personal Data. However, Goldfish Swim School grants franchisees a royalty-free, non-exclusive license to use this data during the term of the agreement and any renewal term.
Goldfish Swim School considers all data collected from customers and potential customers, including Customer Personal Data, to be owned exclusively by the franchisor. Franchisees must provide this Customer Data to the franchisor upon request. While the agreement is in effect, franchisees can use Customer Data only to operate the franchised swim school and in accordance with the franchisor's policies.
Franchisees are prohibited from selling, assigning, transferring, or using Customer Data for any purpose other than operating the Goldfish Swim School and marketing the franchise system's services and products. Franchisees must also comply with all applicable privacy laws related to customer, employee, and transactional information. This means that while franchisees can utilize customer data to run their business, the ultimate ownership and control of that data rests with Goldfish Swim School.