factual

Does the 'Assignment of Telephone Number(s)' include any provisions for the confidentiality of customer information obtained through the telephone numbers for a Bumper Man franchise?

Bumper_Man Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (d) Disassociation in Communication Methods. Franchisee will, at Franchisor's option, assign to Franchisor (or its designee) or cancel any electronic mail address, domain name, search engine, website, or Social Media account that associates Franchisee with Franchisor, the Bumper Business, System, or Marks. Franchisee will notify the telephone company and all telephone directory publishers of the expiration or termination of Franchisee's right to use any telephone, telecopy, or other numbers and any telephone directory listings associated with any Mark, authorize the transfer of such numbers and directory listings to Franchisor in accordance with Exhibit G, or, at Franchisor's direction, instruct the telephone company to forward all calls made to Franchisee's telephone numbers to numbers Franchisor specifies.
  • (o) "Confidential Information" means any and all information, knowledge, knowhow, 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 Personnel develop or have access to, in connection with this Agreement or the operation of a Bumper Business hereunder, including, without limitation, the Standards; the Manual; any services, products, designs, devices and tools, specifications, procedures, and techniques which are not in the public domain or generally known in the automotive collision repair industry and such other information and material as Franchisor may designate as confidential will be deemed confidential and trade secret for purposes of this Agreement; Franchisor's or its Affiliate's pricing, technology, point of sale, and related computer software; advertising, marketing and promotional programs including customer reward programs; Customer Data; financial data and statements; training and operational methodology content (including without limitation financial controls) and management programs; and any other information or data regarding the business of Franchisor or any of its Affiliates that would reasonably be considered the proprietary or confidential information of Franchisor or its Affiliates.
  • (u) "Customer Data" means any information from, about, or relating to Customers of the Bumper Business 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. Customer Data includes any personally identifiable information, such as a Person's name, address, phone number, fax number, email address, passport number, financial profile, credit card information or any other information by which one is reasonably able to personally identify one or more Persons. (b) Non-Disclosure of Confidential Information. Franchisee and its Principals each acknowledges that Franchisor may provide Franchisee and its Principals with Confidential Information that derive value from not being generally known in the industry that are reasonably necessary for the operation of the Bumper Business and that Franchisee has entered into this Agreement in order to use such Confidential Information to the economic benefit of Franchisee. Franchisor will take reasonable steps to mark as "confidential" or "proprietary" any Confidential Information that it deems as such, but the failure to mark such Confidential Information will not cause it to be public information. Franchisee and each of its Principals will not use, duplicate or disclose to others any Confidential Information except as expressly authorized by Franchisor in writing and will implement measures to maintain the confidentiality of such Confidential Information that is no less strict than the measures Franchisee uses with its own confidential information. To the extent that any Confidential Information is to be provided to Franchisee's advisors, representatives, agents or any Personnel, each of them must use such Confidential Information solely in connection with their respective roles with the Bumper Business.

Source: Item 23 — RECEIPTS (FDD pages 45–180)

What This Means (2025 FDD)

According to the 2025 Bumper Man Franchise Disclosure Document, while the document does not explicitly detail provisions for the confidentiality of customer information within the 'Assignment of Telephone Numbers,' it does address related aspects of data handling and confidentiality.

The FDD defines 'Customer Data' as any information relating to customers that can identify them, including names, addresses, phone numbers, and financial details. Bumper Man also defines 'Confidential Information' broadly to include various data related to the System, including Customer Data. Franchisees are obligated to protect this Confidential Information and implement measures to maintain its confidentiality, at least as strict as those used for their own confidential information.

Furthermore, upon termination or expiration of the franchise agreement, the franchisee must transfer telephone numbers to Bumper Man and return all copies of Confidential Information. This suggests that Bumper Man retains control over customer communications and data, and franchisees have a responsibility to protect customer information during the term of the agreement. While the specific document outlining the assignment of telephone numbers (Exhibit G) is not provided, the FDD emphasizes the importance of maintaining the confidentiality of customer data and outlines obligations for franchisees regarding its use and protection.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.