Does 'Confidential Information' for Bang Cookies include specifications for 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's 2024 Franchise Disclosure Document, 'Confidential Information' does include specifications for suppliers of equipment. The FDD defines 'Confidential Information' as all trade secrets, methods, standards, techniques, procedures, data, and information belonging to Bang Cookies and its affiliates. This includes methods, specifications, standards, policies, procedures, information, concepts, programs, and systems relating to the development, establishment, marketing, promotion, and operation of Bang Cookies Shops.
Specifically, the definition encompasses information concerning consumer preferences for services, products, materials, and supplies used or sold by Bang Cookies Shops. Critically, it also includes specifications for and knowledge of suppliers of inventory, equipment, products, supplies, and procedures used or sold by Bang Cookies Shops. This means that Bang Cookies considers its supplier relationships and the details of its equipment suppliers to be confidential and proprietary.
For a prospective Bang Cookies franchisee, this underscores the importance of maintaining the confidentiality of this information. Disclosing this information to competitors or using it outside the scope of the franchise agreement could have legal and financial repercussions. Franchisees should be aware that this extends not only to direct competitors but also to any business, bakery, or shop that offers similar products, including traditional outlets, mobile kiosks, food trucks, and non-traditional outlets.