Does the Circle K 'Confidential Information' definition include advertising and promotional discounts?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- "Confidential Information" means all information and knowledge about the Business System and the services, standards, specifications, programs, procedures, and techniques prescribed by Franchisor which are not in the public domain or generally known in the convenience store industry including, but not limited to, the Business Systems Manuals, any other manuals methods, policies, procedures, programs and standards created for or approved for use in the operation of the Store, and the information contained therein, trade secrets, information, data, Customer Information, software, technology, materials, know-how, ideas, techniques, procedures, marketing plans, strategic plans, research methods, methods of operation, improvements, and copyrighted materials (whether published, confidential, or suitable for registration or copyright), and the goodwill associated with them, information concerning the pricing structure, advertising, and promotional discounts relating to items offered at the Circle K Store, and any other information and material concerning the Business System or that Franchisor may designate as confidential or that a reasonable person would consider confidential (due to nature of the information and/or circumstances of disclosure).
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, the definition of 'Confidential Information' does include information concerning advertising and promotional discounts. This means that as a franchisee, you are obligated to protect the confidentiality of this information, as it is considered proprietary to Circle K.
This obligation extends to all information and knowledge about the Business System, including manuals, methods, policies, procedures, programs, standards, trade secrets, customer data, software, technology, materials, know-how, ideas, techniques, marketing plans, strategic plans, research methods, and copyrighted materials. The definition also encompasses information about Circle K's pricing structure.
As a franchisee, you must treat all such information as confidential, safeguarding it from unauthorized disclosure. This restriction applies both during the term of the franchise agreement and after its termination. Failure to maintain the confidentiality of this information could result in legal action from Circle K.