What is Camp Margaritaville's obligation to retain in confidence all information transmitted to it by Customer pursuant to or in connection with these CRM Terms of Use?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
(i) Margaritaville and Customer shall each retain in confidence all information transmitted to it by or under authorization of the other party pursuant to or in connection with these CRM Terms of Use in which the disclosing party identifies as being proprietary or confidential or that, by the nature of the circumstances surrounding the disclosure, would in good faith be treated as proprietary and/or confidential ("Confidential Information"). Neither party will make use of the other's party's Confidential Information except pursuant to the terms of these CRM Terms of Use. By way of example, but not limitation the following information is considered Confidential Information: (a) these CRM Terms of Use and its terms, (b) the technology, ideas, formulae, knowhow, documentation, procedures, algorithms and trade secrets embodied in the CRM Services and/or Connection Platform, technical documentation, solution methodology, end user manuals, Documentation and Deliverables, (c) Customer Data, end user ID's and passwords; and/or (d) any other information, in any form identified in writing as confidential. If Customer obtains information relating to Margaritaville or CRM from third parties to whom it is directed by Margaritaville, then Customer shall treat such information as Margaritaville's Confidential Information
under these CRM Terms of Use. Customer agrees, without limitation, that Customer Data is part of the Customer's Confidential Information.
(ii) The receiving party shall not disclose Confidential Information or use it in any manner not expressly authorized by these CRM Terms of Use. Unless written authorization is received from the disclosing party, the receiving party shall not: (a) disclose the disclosing party's Confidential Information or allow it or cause it to be disclosed to any third parties; (b) destroy any disclosing party Confidential Information or cause it to be inaccessible to the disclosing party (other than in accordance with its standard document retention policy); or (c) use the disclosing party's Confidential Information or allow it to be used for purposes other than in furtherance of these CRM Terms of Use.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, both Camp Margaritaville and the franchisee (Customer) must keep confidential any information shared under the CRM Terms of Use if the disclosing party identifies it as proprietary or confidential, or if the circumstances suggest it should be treated as such. This includes refraining from using the other party's confidential information, except as allowed by the CRM Terms of Use. Examples of confidential information include the CRM Terms of Use themselves, technology related to the CRM Services and Connection Platform, customer data, user IDs, passwords, and any other information marked as confidential in writing. If the franchisee gets information about Camp Margaritaville or the CRM from third parties directed by Camp Margaritaville, the franchisee must also treat that information as confidential. The franchisee also agrees that Customer Data is part of the Customer's Confidential Information. This means Camp Margaritaville is obligated to protect the franchisee's sensitive business and customer information.
The receiving party, whether Camp Margaritaville or the franchisee, is prohibited from disclosing Confidential Information or using it in any way not specifically authorized by the CRM Terms of Use. Without written permission from the disclosing party, the receiving party cannot reveal the Confidential Information to third parties, destroy it, make it inaccessible, or use it for purposes outside the scope of the CRM Terms of Use. This creates a mutual obligation to safeguard sensitive data and restricts how each party can use the other's information.
For a prospective Camp Margaritaville franchisee, this confidentiality clause offers some assurance that their business data and customer information will be protected by the franchisor. However, it's important to understand the specific definition of "Confidential Information" within the CRM Terms of Use and how it applies to different types of data. Franchisees should also be aware of their own obligations to protect Camp Margaritaville's confidential information, as breaches could lead to legal and financial repercussions. It is also important to note that Customer Data is part of the Customer's Confidential Information.