Besides operating the Franchised Business, what other purposes is an Aerus franchisee prohibited from using the Customer Data for?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not use the Customer Data, or permit the Customer Data to be used, for any purpose except the operation of the Franchised Business and all uses and purposes incidental thereto.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees are explicitly restricted in how they can utilize customer data. Aerus retains ownership of the customer data and may grant franchisees limited, non-exclusive access to data relevant to their assigned area, provided the franchisee pays the required Customer Data Fee and adheres strictly to the franchise agreement, policies, procedures, and any specific guidelines Aerus imposes.
The FDD states that franchisees cannot use the customer data for any purpose other than operating the franchised business and uses incidental to that operation. This means franchisees must focus their data usage on activities directly supporting their Aerus franchise, such as marketing, lead generation, sales, and recruiting, in accordance with Aerus's established system and procedures.
This restriction is significant because it prevents franchisees from leveraging customer data for any independent business ventures or from sharing it with third parties for purposes outside the scope of the Aerus franchise. Franchisees must also comply with all applicable consumer and data privacy laws, including the Fair and Accurate Credit Transactions Act (FACTA) and the Payment Card Industry Data Security Standards (PCI DSS). Failure to comply with these regulations or the restrictions on data usage constitutes a material breach of the franchise agreement and can lead to termination.