How can Pearce Bespoke modify the restrictions on customer information?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
ill be deemed secret and confidential. It is Franchisee's obligation to monitor and access the extranet for any updates to the Operating Manual or system standards.
N. Customer Lists:
Franchisor may maintain itself or require Franchisee to maintain a current listing of the names, addresses, ages and activity statistics of customers of the Franchisee, subject to strict compliance with local data privacy laws and the technologies and processes approved by Franchisor in the Operations Manual. To maintain such list, Franchisor may require that Franchisee use and keep updated approved contact management software. Franchisee may be asked to supply such list electronically on a monthly basis. Any and all customer data collected or provided by Franchisee, retrieved from Franchisee's computer system or point-of-sale system, or otherwise collected from Franchisee by Franchisor or provided to Franchisor, is and will be owned exclusively by Franchisor and will be considered to be Franchisor's proprietary and Confidential Information (as defined in Section 9 below). Franchisor has the right to use such data in any manner without compensation to Franchisee. Franchisor licenses to Franchisee the use of such data solely for the purpose of operating
the Pearce Bespoke Franchise; provided that, this license shall automatically and irrevocably terminate, without any additional action or notice required by Franchisor, upon the expiration or earlier termination of this Agreement.
O. Vehicle Lease.
Franchisee is not required to purchase or lease a vehicle to operate the Business. Should the Franchisee choose to brand a vehicle with the Marks, it must seek the prior written approval of the Franchisor. Vehicle be in good working condition and no more than five (5) years old. The vehicle must be box wrapped with Pearce Bespoke approved marks and logos, as described in the Operations Manual.
P. Point-of-Sale System.
Franchisee will utilize the point-of-sale system designated by the Franchisor (the "POS System") which Franchisor has selected for the Business System, including all future updates, supplements, and modifications. Franchisee may be required to enter into a separate computer software license agreement specified by a third-party supplier of the POS System. Franchisor may access information and data produced by Franchisee's POS System. As further described in Section 5(C), Franchisor has the right to use the information obtained from Franchisee's POS System to determine the weekly amounts owed for Royalty Fees. The computer hardware component of the POS System must conform with specifications Franchisor develops and must be configured as a package unit as Franchisor designates. The POS System may include one (1) iPad, one (1) desktop/laptop computer, and one (1) all-in-one printer.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, the franchisor retains significant control over customer information and how it is used. The franchisee is required to maintain a current listing of customer information, potentially using approved contact management software, and may be asked to supply this list electronically on a monthly basis. All customer data collected or provided by the franchisee is owned exclusively by Pearce Bespoke and is considered confidential information. Pearce Bespoke has the right to use this data in any manner without compensating the franchisee. The franchisee is only licensed to use the data for operating their Pearce Bespoke franchise, and this license terminates upon expiration or termination of the Franchise Agreement.
Pearce Bespoke also has the right to modify its requirements and designate additional approved or required methods of payments and vendors for processing such payments. The franchisee must comply with all credit card policies, the Payment Card Industry Data Security Standards (PCI DSS), FACTA, and any other card payment standards Pearce Bespoke may specify. This indicates that Pearce Bespoke can change the systems and standards related to handling customer payment information, which indirectly affects how customer data is managed and protected.
While the FDD specifies that Pearce Bespoke owns and controls customer data, it does not explicitly detail a mechanism by which a franchisee can formally request modifications to these restrictions. However, given that Pearce Bespoke retains the right to set and modify rules for internet usage and e-commerce activities, a franchisee might seek clarification or negotiation with Pearce Bespoke regarding specific data usage scenarios or restrictions that could impact their local marketing efforts or customer relationship management. It is important to note that any such modifications would likely require Pearce Bespoke's written approval, as the agreement generally emphasizes the franchisor's control over confidential information and the business system.