Under what circumstances is Face Foundrie permitted to disclose information regarding a franchisee's operation of the Facial Bar?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees that Franchisor and its Affiliates own all information relating to clients and members of the Facial Bar, including names, addresses, telephone numbers, e-mail addresses, buying habits, preferences, demographic information and related information, that it comprises personal information and part of the Confidential Information, and that Franchisor and its Affiliates may use such membership information in its and their business activities.
Subject to the terms of this Agreement, during the Term, Franchisor may make available to Franchisee information regarding the Facial Bar on the Website, and/or at least two e-mail addresses under the Website's domain for Franchisee's use (collectively, the "Email Addresses"). Franchisee will be permitted to use the Email Addresses solely to promote, and provide customers information related to, the Facial Bar. Franchisee shall only use the Email Addresses in accordance with terms of this Agreement as well as any guidelines, directives or in the Operations Manual. Franchisee understands and agrees that no message sent from the Email Addresses may contain content which references any other business other than the Facial Bar.
In addition to the obligations set forth above, upon termination of this Agreement for any reason, Franchisee shall immediately deliver to Franchisor all copies of lists of customers and copies of all other information concerning customers, including, but not limited to, all computer generated data regarding such customers, and neither Franchisee nor its directors, officers, Owners, managers, employees, successors and assigns shall use any said information concerning such customers to solicit any of such customers.
All of the
information Franchisor or its Affiliates obtain from Franchisee or the Facial Bar, and all information in Franchisee's or Franchisor's records about the customers of the Facial Bar (the "Information") and all revenues Franchisor derives from the Information will be Franchisor's property. However, Franchisee may at any time during the term of this Agreement use it in the operation of the Facial Bar (but for no other purpose), to the extent lawful and at Franchisee's sole risk and responsibility, any information that Franchisee acquires from third parties in operating the Facial Bar, including customer data. The Information (except for information Franchisee provides to Franchisors or its affiliates about Franchisee and its Affiliates, including Franchisee's respective officers, directors, shareholders, partners, or Owners) will become Franchisor's property, which Franchisor may use for any reason Franchisor deems necessary or appropriate in its discretion. Franchisee hereby authorizes any software providers or other vendors to release this information to Franchisor at any time. After termination or expiration of this Agreement, Franchisee will no longer use any of the Information, except to comply with Franchisee's post-term obligations under this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, Face Foundrie retains ownership of all information pertaining to clients and members of a franchisee's Facial Bar. This includes names, addresses, phone numbers, email addresses, buying habits, preferences, demographic information, and related data. Face Foundrie and its affiliates are permitted to utilize this membership information in their business activities.
Face Foundrie also has the right to share information regarding the Facial Bar on its website and through email addresses provided to the franchisee. The franchisee is allowed to use these email addresses solely to promote the Facial Bar and provide information to customers, adhering to the terms of the Franchise Agreement and any guidelines in the Operations Manual. However, the franchisee cannot include content referencing any other business besides the Facial Bar in these communications.
Upon termination of the Franchise Agreement, the franchisee must provide Face Foundrie with all customer lists and related information, including computer-generated data. The franchisee is then prohibited from using this customer information to solicit those customers. All information obtained from the franchisee or the Facial Bar about customers becomes Face Foundrie's property, which Face Foundrie may use as it deems necessary or appropriate. Franchisees authorize software providers or other vendors to release this information to Face Foundrie at any time.
In summary, Face Foundrie maintains broad rights to collect, use, and disclose information related to the operation of a franchisee's Facial Bar, both during the term of the agreement and after termination. Franchisees should be aware of these terms and how they impact their ability to use customer data and other operational information.