What exceptions exist regarding information considered confidential for an Anago franchise?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
Any information, knowledge, know-how or techniques, including drawings, materials, equipment, specifications, techniques and other data which we mark as confidential, and any information, knowledge or know-how which comes from an analysis of this data is confidential, except information which you can show came to your attention before it was given to you by us, or which is or becomes publicly known (without you or a third party violating an obligation to us).
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 41–43)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, information is not considered confidential if a franchisee can demonstrate they already knew it before Anago disclosed it, or if the information becomes publicly available without any breach of obligation by the franchisee or a third party. This means that if a franchisee independently possesses or obtains the same information through legitimate public channels, it will not be subject to confidentiality restrictions.
Anago may disclose confidential information to franchisees during the initial training program, in the Anago Manuals, and through ongoing guidance. Franchisees are allowed to share this information with their employees who need it to operate the Anago Subfranchise Rights Business and to Unit Franchisees within their area, as long as it's authorized under the Subfranchise Rights Agreement.
However, anyone who gains access to Anago's confidential information, including the Anago Manuals, must sign a confidentiality agreement that names Anago as a third-party beneficiary, giving Anago the right to enforce the agreement directly. This ensures that even those indirectly exposed to Anago's proprietary information are bound by confidentiality obligations, protecting Anago's trade secrets and operational methods.