Can an Aerus franchisee use customer data for purposes other than operating the franchised business?
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 16 — Restrictions on What the Franchisee May Sell (FDD pages 54–56)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees are explicitly restricted in how they can use customer data. Aerus owns and maintains a database of customer information. Aerus may allow franchisees to use part of this data relevant to their assigned area, but this use is subject to the franchisee paying a Customer Data Fee and strictly following the terms of the Franchise Agreement, Policies and Procedures, and any specific guidelines Aerus imposes.
The agreement specifies that franchisees must actively maintain, use, update, correct, and supplement the customer data during the term of the agreement. This includes updating the data after each sale or customer contact, regularly reviewing the data, and using it for marketing, lead generation, sales, and recruiting purposes, all in accordance with Aerus's system and procedures.
However, the most critical restriction is that franchisees cannot use the customer data for any purpose other than operating the franchised business and purposes directly related to that operation. This means franchisees are prohibited from leveraging this data for any external ventures or for personal gain outside the scope of their Aerus franchise. Upon termination of the Franchise Agreement, all rights to the customer data revert to Aerus, and the franchisee must return all materials containing the data.