What steps is a Burros Fries franchisee required to take to protect Confidential Information?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees to take all steps necessary, at Franchisee's expense, to protect the Confidential Information and shall not release it to any person that does not have a need to know, including employees, agents and independent contractors, either during the term or after the termination or expiration of this Agreement without our prior written consent.
Franchisee must keep the methods of operations (confidential information found in our materials and other documents) and Operations Manuals confidential and not disclose them except to Franchisee's employees, agents and representatives, as they must have access to it in order to operate the Business. Franchisee must follow all our security procedures, which include the execution and delivery to us of
In addition, with respect to all credit card transactions and guest information obtained through credit card usage, Franchisee agrees to diligently comply with all laws and rules regarding such usage and Franchisee will protect the privacy of credit card users. Franchisee must be at all times in compliance with the Payment Card Industry Data Security Standards ("PCI Compliant").
Franchisee further agrees that, upon termination or expiration of this Agreement, Franchisee shall immediately and permanently cease to use, by advertising, or any manner whatsoever, any Confidential Information, methods, trade secrets, procedures, descriptions of Products and Services associated with us and the Names and Marks and any proprietary marks and distinctive forms, slogans, symbols, signage, logos or devices associated with the System.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees must take necessary steps, at their own expense, to protect Confidential Information and not release it to anyone without a need to know. This includes employees, agents, and independent contractors, both during and after the franchise agreement, without prior written consent from Burros Fries. Confidential Information encompasses a wide array of proprietary details, such as strategies for site acquisition, build-out specifications, unique products, recipes, preparation techniques, purchasing strategies, inventory management, cost and pricing, retail setup, operational procedures, training programs, and marketing materials.
Burros Fries franchisees must also ensure their employees do not disclose confidential information, limiting access to only those who need it for business operations. Franchisees are obligated to follow all security procedures, including executing and delivering necessary documents to Burros Fries. This extends to credit card transactions and guest information, where franchisees must comply with all relevant laws and rules, including maintaining Payment Card Industry Data Security Standards (PCI Compliance) to protect user privacy.
Upon termination or expiration of the franchise agreement, franchisees must immediately cease using any Confidential Information, trade secrets, procedures, or descriptions of products and services associated with Burros Fries. This includes refraining from using any names, marks, proprietary marks, distinctive forms, slogans, symbols, signage, logos, or devices associated with the Burros Fries system in any advertising or manner. These measures ensure the protection of Burros Fries's proprietary information and maintain the integrity of the brand.