Does the definition of 'Confidential Information' for Bang Cookies include 'Know-How'?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
ed into the main body of this Agreement.
- 2. Definitions. For purposes of this Agreement, the following terms have the meanings given to them below:
- "Business Management System" refers to and means the software and/or internet or cloud based system and/or systems, point of sale system or systems and customer relationship management system or systems as used in connection with the operations of the Bang Cookies Business.
- "Business Management System Data" refers to and means the forms, data, tools, customer information, inventory and sales information, and other information that is entered into and/or maintained on the Business Management System of the Bang Cookies Business.
"Confidential Information" refers to and means: (a) non-public methods, specifications, standards, policies, procedures, information, concepts, programs and systems relating to the development, establishment, marketing, promotion and operation of the Bang Cookies Business; (b) information concerning customers, customer lists, email lists, database lists, product sales, operating results, financial performance and other financial data of the Bang Cookies Business;
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the definition of "Confidential Information" does include "Know-How".
The FDD defines "Confidential Information" as all of the franchisor's and its affiliates' trade secrets, methods, standards, techniques, procedures, data, and information. 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. It also encompasses information concerning consumer preferences, supplier knowledge, customer data, business management system data, and information contained in the operations manual.
Specifically, the definition of "Confidential Information" explicitly includes "Know-How". This means that Bang Cookies considers its trade secrets and proprietary information related to the operation of the franchise to be confidential and protected. A franchisee is obligated to maintain the confidentiality of this information, prevent unauthorized use or disclosure, and cease using it upon termination of the franchise agreement.