To whom can an Afuri Ramen Dumpling franchisee disclose Confidential Information?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
may take such action as we deem necessary to protect our interests. You agree to execute any and all documents and to do all acts and things in the opinion of our counsel are necessary or advisable to protect our interests.
- 2. COVENANT OF NON-DISCLOSURE. You specifically acknowledge that you will receive valuable specialized and Confidential Information, including information regarding our operational, sales, promotional and marketing methods and techniques and the System. You agree not to disclose Confidential Information to any third party and to limit disclosure within your association to designated employees approved by us. Disclosures to designated employees will be done on a "need to know" basis to the extent necessary for them to perform the duties of their employment with you. Unless required by court order or applicable law, you agree not to copy, download, send, or divulge any Confidential Information directly or indirectly to any other person or enterprise outside of our system.
Source: Item 23 — Receipts (FDD pages 50–189)
What This Means (2024 FDD)
According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, franchisees can only disclose Confidential Information to specific parties under certain conditions. Franchisees can disclose Confidential Information to designated employees approved by Afuri Ramen Dumpling, but such disclosures must be on a "need to know" basis, limited to what is necessary for the employees to perform their job duties.
Outside of approved employees, franchisees are prohibited from disclosing Confidential Information to any third party unless required by court order or applicable law. If a franchisee or their employees/agents receive a subpoena or other legal process that compels the production of Confidential Information, the franchisee must immediately notify Afuri Ramen Dumpling so they can take action to protect their interests.
Franchisees must exercise a high degree of care to safeguard Confidential Information against loss, theft, or inadvertent disclosure, using confidentiality protection practices no less rigorous than those used for their own confidential information. This includes ensuring that employees and consultants who receive Confidential Information are bound by confidentiality and non-use covenants. Overall, the FDD emphasizes that franchisees should not communicate, fax, e-mail, post, divulge, or use Confidential Information in any manner, either for their benefit or the benefit of others, except for the benefit of their Afuri Ramen Dumpling franchise during the term of the Franchise Agreement.