Can Burneys Sweets More designate other data and information as confidential?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
"Confidential Information" shall include, without limitation, any information, not generally known to the public, in any form, relating to the System and the Franchised Business and its operations, including all trade secrets of the Franchised Business; all knowledge, know-how, standards, methods, and procedures related to the establishment and operation of the Franchised Business not generally known to the public; all records pertaining to customers, suppliers, and other service providers of, and/or related in any way to, the Franchised Business (such as all names, addresses, phone numbers, e-mail addresses for customers and suppliers; customer purchase records and mail lists); product formulas, methods of production; electronic code, designs, marketing materials, and business, sales, and marketing strategies; financial information; databases; training materials; knowledge of the franchise system; and any other data and information that we or our affiliates designates as confidential, including all information contained in the Brand Standards Manual.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, Burneys Sweets More has the authority to designate additional data and information as confidential. The FDD specifies that "Confidential Information" includes not only trade secrets, knowledge, methods, customer records, formulas, electronic code, designs, marketing strategies, financial data, databases, and training materials, but also "any other data and information that we or our affiliates designates as confidential, including all information contained in the Brand Standards Manual." This gives Burneys Sweets More broad discretion to protect sensitive business information.
For a prospective Burneys Sweets More franchisee, this means that the scope of what is considered confidential is not limited to the specific items listed in the FDD. Burneys Sweets More can, at any time, designate other information as confidential, and the franchisee will be bound to treat it as such. This could include new recipes, marketing plans, or operational procedures that are not explicitly mentioned in the franchise agreement but are deemed confidential by Burneys Sweets More.
This clause is fairly standard in franchise agreements, as it allows the franchisor to protect its intellectual property and maintain a competitive advantage. However, it also places a responsibility on the franchisee to stay informed about what Burneys Sweets More considers confidential and to ensure that they and their employees do not disclose this information to unauthorized parties. Franchisees should pay close attention to any communications from Burneys Sweets More regarding confidential information and seek clarification if they are unsure about the scope of their obligations.