Does 'Confidential Information' for Bang Cookies include knowledge of suppliers of equipment?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
"Confidential Information" refers to and means all of our and/or our affiliates trade secrets, methods, standards, techniques, procedures, data and information, as same may exist as of the Effective Date and as same may be developed, modified and supplemented in the future, constituting and comprising: (a) methods, specifications, standards, policies, procedures, information, concepts, programs and systems relating to the development, establishment, marketing, promotion and operation of Bang Cookies
Shops; (b) information concerning consumer preferences for services, products, materials and supplies used or sold by Bang Cookies Shops, and specifications for and knowledge of suppliers of inventory, equipment, products, supplies and procedures used or sold by Bang Cookies Shops; (c) information concerning customers, customer lists, email lists, database lists, product sales, operating results, financial performance and other financial data of Bang Cookies Shops; (d) Business Management System Data; (e) current and future information contained in the operations manual; and (f) Know-How.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, Confidential Information includes knowledge of suppliers of equipment. Specifically, the FDD defines confidential information as trade secrets, methods, standards, techniques, procedures, data, and information that may exist as of the agreement's effective date or be developed, modified, and supplemented in the future.
This definition includes information concerning consumer preferences for services, products, materials, and supplies used or sold by Bang Cookies Shops. It also explicitly includes specifications for and knowledge of suppliers of inventory, equipment, products, supplies, and procedures used or sold by Bang Cookies Shops. This means that franchisees are obligated to protect this information and not disclose it to unauthorized parties.
For a prospective Bang Cookies franchisee, this means that the knowledge of who supplies Bang Cookies with its equipment is considered confidential and proprietary. Franchisees must maintain the confidentiality of this information, which is a fairly standard practice in franchising to protect the brand's competitive advantage and supply chain.