Does the definition of 'Confidential Information' for a Cinnabon franchise include customer information collected by the franchisee, Cinnabon, its affiliates, or a third party?
Cinnabon Franchise · 2025 FDDAnswer from 2025 FDD Document
A. "Confidential Information" means any non-public information related to the System or information that, by its nature, would reasonably be expected to be held in confidence or kept secret. Without limiting the definition of "Confidential Information," all the following will be conclusively presumed to be Confidential Information whether or not we designate them as such: (i) the Standards and Manuals; (ii) pricing information and models; (iii) materials describing our franchise network and System; (iv) plans, layouts, designs and specifications for a prototypical Business; (v) our methods of preparing and serving Approved Products, including Recipes; (vi)
our sources (or prospective sources) of supply and all information related to or concerning the same, including the identity and pricing structures with our Approved Suppliers; (vii) our training materials; (viii) our marketing plans and development strategies; (ix) this Agreement and any related schedules, exhibits, attachments, or addenda and all terms contained therein; (x) Customer Information (as defined in Section 15.3 (Customer Information)), whether collected by you, us or our affiliates, or a third party; and (xi) other information we give to you, except where such information is a Trade Secret (defined below).
Source: Item 23 — Receipts (FDD pages 114–399)
What This Means (2025 FDD)
According to Cinnabon's 2025 Franchise Disclosure Document, 'Confidential Information' includes customer information collected by the franchisee, Cinnabon, its affiliates, or a third party. Specifically, Customer Information is defined in Section 15.3 and is included in the definition of Confidential Information.
This means that as a Cinnabon franchisee, you must treat customer information as confidential. This includes names, contact information, financial information, purchasing history, market research data, and other personal information related to customers and prospective customers. You are responsible for safeguarding this information using reasonable security measures and in compliance with Cinnabon's standards and applicable laws.
Cinnabon also has the right to access all Customer Information collected by you or your third-party vendors. While you can use this information to market Approved Products, you cannot sell, transfer, or use it for any other purpose. Cinnabon and its affiliates, however, can use the Customer Information in any manner or for any purpose. This highlights the importance of securing necessary consents and authorizations from customers to allow the transmission and use of their information as contemplated in the franchise agreement.