Does the definition of Confidential Information for Buff City Soap include customer data?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
rol with the named Person.
- (b) "Agreement" means this Operator's Confidentiality and Non-Compete between Agreement between Employer and Operator.
- (c) "Authorized Recipients" means employees of Employer or Franchisor with authorization to have the Confidential Information
- (d) "Competitive Business" means any retail establishment that, as determined by Franchisor, is the same as or substantially similar to the Makeries, including, without limitation, any personal body care product retail establishment or chain of retail establishments that feature products free of artificial detergents, surfactants, dyes, or harsh chemicals, or any retail establishment that has soaps, lotions, bath bombs and similar facial, body and hair care products collectively accounting for 25% or more of its average monthly gross sales for the retail establishment during the preceding 12 months (or, if the retail establishment has operated less than 12 months, the number of full calendar months of operation).
- (e) "Confidential Information" means any and all information, knowledge, know-how, trade secrets, trade dress, methodologies, techniques, procedures, applications and materials, in whatever form, used in or related to the System which Franchisor provides to Franchisee, or which Franchisee or its Affiliates or employees develop or have access to, in connection with this Agreement or the operation of a Buff City Soap makery hereunder, including, without limitation, the Standards; The Manuals; any components and ingredients, formulae and formulations applicable to Products; Franchisor's or its Affiliate's product and raw materials sourcing, pricing, manufacturing, inventory management and control, supply and distribution; technology, point of sale, and related computer software; advertising, marketing and promotional programs including gift card, loyalty and customer reward programs; customer data; financial data and statements; training and operational methodology content (including without limitation inventory and financial controls) and management programs;
Source: Item 23 — Receipts (FDD pages 69–186)
What This Means (2025 FDD)
According to Buff City Soap's 2025 Franchise Disclosure Document, the definition of "Confidential Information" explicitly includes customer data. This means that as a franchisee, any information related to customers that you access or develop in connection with operating a Buff City Soap makery is considered confidential and proprietary to Buff City Soap Franchising, LLC. This encompasses a wide range of data, including customer names, addresses, phone numbers, email addresses, financial profiles, and credit card information.
Buff City Soap also provides a specific definition of "Customer Data" as any information from, about, or relating to customers of the Makery that identifies, or can be used to identify, contact, locate or be traced back to the specific Person to whom such information pertains, or from which identification or contact information of a Person can be derived. This definition underscores the importance Buff City Soap places on protecting customer information and ensuring its confidentiality.
As a Buff City Soap franchisee, you are obligated to treat this customer data with utmost care and protect it from unauthorized access or disclosure. This obligation extends both during the term of your franchise agreement and even after its termination. Failure to comply with these confidentiality requirements could result in legal action or other penalties from Buff City Soap.