During the term of the Aerus franchise agreement, can the franchisee use customer data for reasons 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 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees are explicitly restricted from using customer data for any purpose other than operating their franchised business. The FDD states that Aerus owns and maintains a database of customer information. Aerus may allow franchisees to use a portion of this data relevant to their area, but this is subject to the franchisee paying a Customer Data Fee and strictly adhering to the franchise agreement, policies, and any guidelines Aerus imposes.
Aerus franchisees must actively maintain, 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.
The franchise agreement emphasizes that franchisees cannot use the customer data, or allow it to be used, for any purpose outside the operation of the franchised business and related activities. All rights to and goodwill in the customer data remain the exclusive property of Aerus. Upon termination of the franchise agreement, all rights and licenses to the customer data automatically end, and the franchisee must promptly return all materials containing the data to Aerus.