What information obtained from or about an Aplus store becomes the property of the franchisor?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
All of the information we or our affiliates obtain from you or about your APLUS Store, and all information in your records or our records concerning the officers, directors, shareholder, sole proprietor, partners or members of your APLUS Store ("the Information") and all revenues we derive from the Information will be our property. However, you may at any time during the term of your franchise agreement with us use in the operation of your APLUS Store (but for no other purpose), to the extent lawful and at your sole risk and responsibility, any information that you acquire from third parties in operating your APLUS Store, such as customer data. The information (except for information you provide to us or our affiliates with respect to you and your affiliates, including your respective officers, directors, shareholders, partners or equity members of your entity) will become our property which we may use for any reason as we deem necessary or appropriate in our discretion. You hereby authorize your payment processor to release the information to us at any time. Following termination or expiration of your franchise agreement you will no longer use any of the Information, except to comply with your post-term obligations under your franchise agreement and you authorize your payment processor to release the Information exclusively to us and/or our designees.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, AND TRAINING (FDD pages 40–47)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, all information the franchisor or its affiliates obtain from the franchisee or about the Aplus store becomes the franchisor's property. This includes all information in the franchisee's records or the franchisor's records concerning the officers, directors, shareholder, sole proprietor, partners, or members of the Aplus store. Additionally, all revenues derived from this information become the franchisor's property.
The franchisee is allowed to use information acquired from third parties in operating their Aplus store, such as customer data, but only during the term of the franchise agreement and solely for the operation of the Aplus store. This use is at the franchisee's own risk and responsibility, and must be lawful. The only exception to the information becoming Aplus's property is the information the franchisee provides to Aplus or its affiliates regarding themselves and their affiliates, including their respective officers, directors, shareholders, partners, or equity members.
The franchisee authorizes their payment processor to release this information to Aplus at any time. Upon termination or expiration of the franchise agreement, the franchisee must cease using any of the information, except to comply with post-term obligations under the franchise agreement. The franchisee also authorizes their payment processor to release the information exclusively to Aplus and/or its designees after termination or expiration.