Where is 'Customer Data' defined within the Aerus FDD?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
- P. "Customer Data" has the meaning assigned in Section 5.A.
5. License of the Customer Data.
- A.
Company owns and maintains a database of customer information (the "Customer Data").
Company may make available for use by Franchisee on a limited, nonexclusive basis, that part of the Customer Data which is pertinent to the Area of Responsibility, subject to Franchisee's payment of the Customer Data Fee and strict accord and compliance with the terms and conditions of this Agreement, the Policies and Procedures and any specific guidelines Company may impose from time to time concerning collection, maintenance and use of the Customer Data.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, 'Customer Data' is defined in Section 5.A of Item 23. Specifically, it refers to a database of customer information owned and maintained by Aerus. Aerus may allow franchisees to use a portion of this data relevant to their Area of Responsibility, provided the franchisee pays a Customer Data Fee and complies with the terms of the Franchise Agreement, Policies and Procedures, and any guidelines Aerus sets regarding the collection, maintenance, and use of the Customer Data.
This means that as a franchisee, you will not own the customer data outright but will be granted a limited, nonexclusive license to use it. This license is contingent upon paying the required fees and adhering to Aerus's rules. Upon termination or expiration of the franchise agreement, the franchisee must return all materials containing the Customer Data to Aerus, and all rights to the data revert back to Aerus.
Aerus emphasizes the importance of the Customer Data by requiring franchisees to actively maintain, update, and use it for marketing, lead generation, sales, and recruiting purposes. However, franchisees are restricted from using the Customer Data for any purpose other than operating the Franchised Business. This highlights the franchisor's control over customer information and its importance to the Aerus system.