Under what circumstances is an Apricot Lane Associate allowed to disclose Confidential Information?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
- **4.
Exceptions to Disclosing Confidential Information.** Notwithstanding the foregoing, the restrictions on the disclosure and use of the Confidential Information will not apply to the following: (a) information that was in the public domain prior to being communicated to Associate through no fault of Associate; (b) information that entered the public domain after it was Communicated to Associate through no fault of Associate; (c) information that was in Associate's possession free of any obligation of confidence at the time it was communicated to Associate; or (d) the disclosure of the Confidential Information in judicial or administrative proceedings to the extent that Associate is legally compelled to disclose the information, if Associate has notified the Franchisor before disclosure and used Associate's best efforts, and afforded the
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, there are specific exceptions where an Associate is permitted to disclose Confidential Information. These exceptions include situations where the information was already in the public domain before it was communicated to the Associate, or if it entered the public domain through no fault of the Associate. Additionally, disclosure is allowed if the Associate possessed the information without any confidentiality obligation prior to receiving it from Apricot Lane.
Another exception arises in judicial or administrative proceedings. If an Associate is legally compelled to disclose Confidential Information in such proceedings, they are permitted to do so, provided they first notify Apricot Lane. The Associate must also make their best effort to help Apricot Lane obtain a protective order or another form of assurance that the information will be treated confidentially. This ensures that Apricot Lane has the opportunity to minimize any potential harm from the disclosure.
These exceptions protect the Associate from liability in situations where the information's confidentiality is already compromised or when legal obligations necessitate disclosure. However, it's crucial for Associates to understand the specific conditions and requirements for each exception to avoid unintentionally breaching their confidentiality obligations to Apricot Lane. Franchisees should ensure their employees are well-versed in these exceptions to maintain compliance and protect Apricot Lane's Confidential Information.