Who owns the Customer Information for a Precision Door Service franchise?
Precision_Door_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
rant you a franchise to operate a PRECISION GARAGE DOOR SERVICE® Business subject to the terms and conditions of this Agreement.
In consideration of the foregoing and the promises and consideration below, you and we agree as follows:
DEFINITIONS
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- For purposes of this Agreement, the terms below have the following definitions (other terms are defined in the body of this Agreement):
- A. "Business" means the PRECISION GARAGE DOOR SERVICE® Business you develop and operate pursuant to this Agreement.
- B. "Confidential Information" means any proprietary and non-public information, data, Intellectual Property, materials and know-how relating to the development or operation of PRECISION GARAGE DOOR SERVICE® Businesses, whether contained in the Operations Manual or otherwise, including, but not limited to: (1) training programs and materials; (2) databases of customers and potential customers, including Customer Information; (3) sales and marketing programs and techniques for PRECISION GARAGE DOOR SERVICE® Businesses; (4) knowledge of operating systems of PRECISION GARAGE DOOR SERVICE® Businesses; and (5) computer systems, technology and software programs.
- C. "Customer" means any person or entity (1) included on any marketing or customer lists you develop or use, including any such list provided by us to you; (2) who has purchased or purchases products or services from you during the term (even if you have solicited the person and/or established a relationship independent of us and without our assistance) or whom you have solicited to purchase any products or services; (3) for whom you provide products or services on
our behalf or at our direction; and (4) if any of the foregoing is an entity, all employees of such entity.
- D. "Customer Information" means any contact information (including name, address, phone and fax numbers, and e-mail addresses), sales and payment history, and all other information about any Customer, including any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.
- E. "Effective Date" means the date designated as Effective Date on the Data Sheet. If no Effective Date is designated on the Data Sheet, the Effective Date is the date when we sign this Agreement.
- F. "Franchise Location" is the premises that are located within the Territory, that meet our site selection guidelines and criteria and from which you will operate your Business.
- G.
Source: Item 22 — Contracts (FDD pages 91–92)
What This Means (2025 FDD)
According to Precision Door Service's 2025 Franchise Disclosure Document, Customer Information is considered Confidential Information, which Precision Door Service owns. The FDD defines "Customer Information" as any contact information, including names, addresses, phone and fax numbers, and e-mail addresses, sales and payment history, and all other information about any Customer. This includes any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.
This means that while a franchisee develops and uses customer lists, Precision Door Service retains ownership of the Customer Information itself. This is a common practice in franchising, allowing the franchisor to maintain consistency and control over customer data across the entire system.
Upon termination of the franchise agreement, the franchisee must deliver to Precision Door Service all copies of customer lists and ongoing customer contracts. This obligation ensures that Precision Door Service retains control over customer relationships and data even after a franchise ceases operation. The franchisee must also cease using any social media or digital marketing accounts set up for the business and provide written confirmation of this to Precision Door Service.