Under what conditions can an Aplus franchisee retain, use, or disclose Personal Information?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
Further, whenever and to the extent Franchisee operates as a "Service Provider" under the CCPA or in a similar capacity under any other applicable federal, state, or local privacy law, Franchisee represents, warrants, and covenants that:
- 13.23.1 Franchisee will not sell, make available or otherwise disclose any customer's "Personal Information" (as defined in the CCPA) to any third party for valuable consideration;
- 13.23.2 Franchisee will retain, use, or disclose Personal Information only for the specific purpose of performing the services specified in this Agreement, and not any commercial or noncommercial purpose other than providing the services specified in this Agreement;
- 13.23.3 Franchisee will not retain, use, or disclose Personal Information outside of the direct business relationship between Franchisee and Franchisor;
- 13.23.4 Franchisee will delete any Personal Information upon Franchisor's request unless Franchisee can prove that such request is subject to an exception under applicable law; and
- 13.23.5 Franchisee certifies that it understands and will fully comply with the restrictions of this Section. Franchisee also acknowledges and agrees that Franchisor may modify the restrictions by written notice to Franchisee, including adding other similar privacy restrictions that may be required under other federal, state, or local privacy laws.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, a franchisee's ability to retain, use, or disclose personal information is subject to specific conditions, particularly when the franchisee operates as a "Service Provider" under the California Consumer Privacy Act (CCPA) or similar privacy laws. Aplus franchisees must not sell or disclose any customer's Personal Information to third parties for valuable consideration.
Specifically, Aplus franchisees can only retain, use, or disclose Personal Information for the purpose of performing the services outlined in the franchise agreement. This means that any commercial or noncommercial use outside of providing these specified services is prohibited. Furthermore, franchisees are not allowed to retain, use, or disclose Personal Information outside of the direct business relationship between the franchisee and Aplus.
Additionally, Aplus franchisees are obligated to delete any Personal Information upon Aplus's request, unless the franchisee can demonstrate that such a request is subject to an exception under applicable law. The franchisee also certifies that they understand and will fully comply with these restrictions. Aplus retains the right to modify these restrictions with written notice to the franchisee, including adding other similar privacy restrictions that may be required under federal, state, or local privacy laws. This ensures that Aplus franchisees remain compliant with evolving privacy regulations and that customer data is handled responsibly and securely.