Does Auntie Annes have independent access to the Customer Information collected by an Auntie Annes franchisee?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
control and, in any event, employ reasonable means to safeguard the confidentiality, integrity, and security of Customer Information. "Customer Information" means names, contact information, financial information, purchasing history, market research data, and other personal information of or relating to the customers and prospective customers of the Franchised Business.
- B.
Access to Customer Information.
All Customer Information that you or your thirdparty vendors collect from customers and potential customers in connection with your Franchised Business must be furnished to us at any time that we request it.
In addition, we and our affiliates, through the Computer System or otherwise, have the right to independently access the Customer Information.
- C.
Use of Customer Information.
You must only use Customer Information to market Approved Products to customers in accordance with the policies that we may establish periodically and applicable Laws.
You may not sell, transfer, or use Customer Information for any purpose other than marketing Approved Products and the Franchised Business.
We and our affiliates may use Customer Information in any manner or for any purpose.
You must secure from your customers, prospective customers, vendors, and others all consents and authorizations, and provide them all disclosures, that applicable Law requires to transmit Customer Information to us and our affiliates, and for us and our affiliates to use that Customer Information, in the manner that this Agreement contemplates.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Annes' 2024 Franchise Disclosure Document, Auntie Annes and its affiliates have the right to independently access customer information through the computer system or otherwise. Customer Information includes names, contact information, financial information, purchasing history, market research data, and other personal information relating to customers and prospective customers of the franchised business.
All Customer Information that an Auntie Annes franchisee or their third-party vendors collect must be furnished to Auntie Annes upon request. However, franchisees must only use customer information to market approved products to customers in accordance with the policies established and applicable laws. Franchisees are prohibited from selling, transferring, or using customer information for any purpose other than marketing approved products and the franchised business.
Auntie Annes and its affiliates can use customer information in any manner or for any purpose. Franchisees must secure all necessary consents and authorizations from customers, prospective customers, vendors, and others, and provide all required disclosures to transmit customer information to Auntie Annes and its affiliates, allowing them to use that customer information as contemplated by the agreement. This means that Auntie Annes has broad rights to use customer data, while the franchisee's use is restricted to marketing approved products and the franchise itself.