What is the definition of 'Confidential Information' in the Bumper Man franchise agreement?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Bumper Man system which we provide to you, or which you or your 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 and specifications for the operation of a Bumper Business; the Manual; any services, products, designs, devices and tools (including the Hook Bar Tool), 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 we may designate as confidential will be deemed confidential and trade secret for purposes of this Agreement; our 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 our business that would reasonably be considered our proprietary or confidential information. "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 customer to whom such information pertains, or from which identification or contact information of a customer can be derived. Customer Data includes any personally identifiable information, such as a customer'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 customers.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 31–32)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, Confidential Information encompasses a wide array of proprietary assets integral to the Bumper Man system. This includes any information, knowledge, know-how, trade secrets, trade dress, methodologies, techniques, procedures, applications, and materials, irrespective of their form, that are used in or related to the Bumper Man system. This definition extends to information that Bumper Man provides to the franchisee, or that the franchisee, their affiliates, or personnel develop or access in connection with the Franchise Agreement or the operation of the Bumper Business.
Specifically, the definition includes the standards and specifications for operating a Bumper Business, the Manual, services, products, designs, devices, tools like the Hook Bar Tool, specifications, procedures, and techniques not publicly known in the automotive collision repair industry. It also covers Bumper Man's pricing, technology, point of sale systems, related computer software, advertising, marketing, promotional programs, customer reward programs, Customer Data, financial data and statements, training and operational methodology content, financial controls, and management programs. Furthermore, any other information or data regarding Bumper Man's business that would reasonably be considered proprietary or confidential also falls under this definition.
The Franchise Agreement places strict obligations on the franchisee and their personnel to maintain the confidentiality of all Confidential Information both during and after the term of the agreement. The franchisee is permitted to disclose Confidential Information only to personnel who need it to operate the Bumper Business, provided those personnel are bound by similar confidentiality agreements. This broad definition and the associated obligations highlight the importance Bumper Man places on protecting its proprietary information and trade secrets, which are crucial for maintaining its competitive advantage in the automotive collision repair industry.
'Customer Data' is further defined as 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 customer to whom such information pertains, or from which identification or contact information of a customer can be derived. Customer Data includes any personally identifiable information, such as a customer'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 customers.