What information is explicitly excluded from the definition of Confidential Information for a Bonchon franchise?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
Confidential Information will not, however, include information which you can demonstrate came to your attention before we disclosed it to you (unless illegally or improperly procured by you before our disclosure) or which, at or after the time of disclosure, has become a part of the public domain through publication or communication by others, but not through any act of yours.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, certain information is excluded from the definition of "Confidential Information." Specifically, information that the franchisee can demonstrate was already in their possession before Bonchon disclosed it, provided it wasn't illegally or improperly obtained, is not considered confidential. Additionally, information that becomes part of the public domain through publication or communication by others, after Bonchon's disclosure, is also excluded, as long as the franchisee did not contribute to it becoming public knowledge.
This exclusion is important for prospective Bonchon franchisees because it clarifies the scope of their confidentiality obligations. Franchisees are not required to keep information secret if they already knew it or if it becomes publicly available through no fault of their own. This protects franchisees from being penalized for using or disclosing information that was not truly confidential.
However, it's crucial for franchisees to be able to provide evidence that they possessed the information prior to disclosure by Bonchon or that the information entered the public domain through legitimate means. Franchisees should maintain records and documentation to support such claims. This clause aims to balance Bonchon's need to protect its proprietary information with the franchisee's right to use generally known information.