What is the Guarantor prohibited from doing with Chocolate Fish Coffee's confidential information?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
Confidential Information.** With respect to all Confidential Information Guarantor shall (a) adhere to all security procedures prescribed by Chocolate Fish Franchising for maintaining confidentiality, (b) disclose such information to its employees only to the extent necessary for the operation of the Business; (c) not use any such information in any other business or in any manner not specifically authorized or approved in writing by Chocolate Fish Franchising, (d) exercise the highest degree of diligence and make every effort to maintain the confidentiality of all such information during and after the term of the Franchise Agreement, (e) not copy or otherwise reproduce any Confidential Information, and (f) promptly report any unauthorized disclosure or
use of Confidential Information. Guarantor acknowledges that all Confidential Information is owned by Chocolate Fish Franchising or its affiliates (except for Confidential Information which Chocolate Fish Franchising licenses from another person or entity). Guarantor acknowledges that all customer data generated or obtained by Guarantor is Confidential Information belonging to Chocolate Fish Franchising. This Section will survive the termination or expiration of the Franchise Agreement indefinitely.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to the 2024 Chocolate Fish Coffee FDD, the Guarantor has specific restrictions regarding the use of confidential information. The Guarantor must adhere to Chocolate Fish Coffee's security procedures for maintaining confidentiality. They can only disclose confidential information to their employees to the extent necessary for the business's operation.
Specifically, the Guarantor is prohibited from using Chocolate Fish Coffee's confidential information in any other business or in any manner not explicitly authorized or approved in writing by Chocolate Fish Coffee. The Guarantor must also exercise a high degree of diligence to maintain the confidentiality of all such information, both during and after the term of the Franchise Agreement.
Furthermore, the Guarantor cannot copy or reproduce any confidential information. They are obligated to promptly report any unauthorized disclosure or use of confidential information. The FDD also states that all customer data generated or obtained by the Guarantor is considered confidential information belonging to Chocolate Fish Coffee. These obligations regarding confidential information survive indefinitely even after the termination or expiration of the Franchise Agreement.