For what purposes are Mr. Sandless franchisees licensed to use the collected customer data?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
-------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------| | | company with an address at 2970 Concord Rd, Aston, PA 19014 (the "Franchisor"), and | ACCOUNT AGREEMENT (the "Agreement") is made and entered into this day of (the "Effective Date"), by and between Mr. Sandless Franchise LLC, a Pennsylvania limited liability | | , a(n) | , with its principal place of business located at | | | and | 's principal(s) | , an individual residing | | at | and | , an individual residing at | | ("Principal(s)"). | | and Principal(s) shall be individually and collectively referred to | | as, and each is, the "Franchisee". | | | WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for an Mr. Sandless business ("Franchise Agreement") which will allow Franchisee to conduct internet-based advertising, maintain social media accounts, software accounts, and use telephone listings linked to the Mr. Sandless brand.
WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Agreement;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Definitions
All terms used but not otherwise defined in this Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.
2. Internet Advertising and Telephone Accounts
2.1 Interest in Websites, Social Media, and Software Accounts and Other Electronic Listings. Franchisee may acquire (whether in accordance with or in violation of the Franchise Agreement) during the term of Franchise Agreement, certain right, title, or interest in and to certain domain names, social media accounts, software accounts, hypertext markup language, uniform resource locator addresses, access to corresponding internet websites, and the right to hyperlink to certain websites and listings on various internet search engines (collectively, "Electronic Advertising") related to the Franchised Business or the Marks.
2.2 Interest in Telephone Numbers and Listings. Franchisee has or will acquire during the term of the Franchise Agreement, certain right, title, and interest in and to those certain telephone numbers and regular, classified, internet page, and other telephone directory listings (collectively, the "Telephone Listings") related to the Franchised Business or the Marks.
2.3 Transfer.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
Based on the 2025 Mr. Sandless Franchise Disclosure Document, the franchisee's rights to use customer data are limited and ultimately revert to the franchisor upon termination of the franchise agreement. During the term of the agreement, franchisees are permitted to conduct internet-based advertising, maintain social media accounts, and use telephone listings linked to the Mr. Sandless brand. This indicates that franchisees can use customer data to the extent it supports these activities, such as for marketing and communication purposes within the scope of the franchise agreement.
However, upon termination of the Franchise Agreement, the franchisee must promptly return to Mr. Sandless all customer data, among other materials related to the System. This includes computer files, programs, and other materials provided by the franchisor. The franchisee must also discontinue all advertising under the Mr. Sandless name and cancel all registrations relating to the use of the Proprietary Marks, including domain names and social media accounts.
Mr. Sandless retains sole rights to all social media accounts, electronic mail addresses, telephone numbers, and other listings associated with the Proprietary Marks. This means that while franchisees can utilize customer data to build their business during the franchise term, they do not retain ownership or rights to this data after the agreement ends. This is a common practice in franchising, as it protects the brand's customer relationships and ensures consistency across the system.