Does the definition of 'Confidential Information' for a Better Blend franchise include customer data?

According to Better Blend's 2024 Franchise Disclosure Document, the definition of 'Confidential Information' does include customer data. Specifically, all customer data collected or generated by the Better Blend business, as well as data from the point-of-sale system (excluding employee data), is classified as Confidential Information belonging to Better Blend Franchising, LLC (BBF). This designation places significant responsibility on the franchisee to protect this data.

As a Better Blend franchisee, you are obligated to adhere to security procedures prescribed by BBF for maintaining the confidentiality of this information. This includes disclosing the information to employees only to the extent necessary for business operations and refraining from using the data in any unauthorized manner. The franchisee must exercise diligence in maintaining confidentiality both during and after the franchise term, and promptly report any unauthorized disclosure or use of the information.

This clause regarding Confidential Information survives the termination or expiration of the Franchise Agreement indefinitely, meaning the franchisee's obligations to protect this data continue even after the franchise relationship ends. This is a common practice in franchising to protect the franchisor's proprietary information and customer relationships.

Furthermore, franchisees must comply with all applicable privacy laws regarding Privacy Information, and are prohibited from selling any Privacy Information. In the event of a Data Security Event, the franchisee must immediately notify BBF and cooperate with them to address the event and protect any Privacy Information and/or Confidential Information.