To whom are Ben Jerrys franchisees permitted to divulge confidential information?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
You must not, during or after the term of the agreements you execute, divulge or use for the benefit of anyone else any confidential information concerning the System and the methods of operation of the Shops. You may divulge confidential information only to those employees who must have access to it in order to operate your Shop. Any and all information, knowledge, and other data which we designate as confidential will be deemed confidential.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 65–66)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees are permitted to divulge confidential information only to specific individuals under certain conditions. Ben Jerrys franchisees may only share confidential information with employees who require access to it in order to operate the Scoop Shop. This restriction applies both during the term of the Franchise Agreement and even after it ends.
The FDD defines confidential information broadly, including any knowledge related to Ben Jerrys and its system, manuals, and materials. This covers various aspects such as the development and operation of the system, proprietary information about Ben Jerrys products, advertising and marketing plans, and details concerning the management of scoop shops. The confidential information also extends to electronic communications on the B&J Extranet and electronic mail distribution lists.
This policy ensures that sensitive business information remains protected, preventing it from falling into the hands of competitors or unauthorized parties. Franchisees must take reasonable measures to maintain the confidentiality of this information, both in electronic and written formats. Failure to comply with these confidentiality obligations can lead to serious consequences, including potential termination of the franchise agreement as outlined in Section 15.2.8.