What are some examples of 'Confidential Information' related to the Circle K franchise?
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, 'Confidential Information' encompasses a wide array of proprietary details about the Business System. This includes, but isn't limited to, the Business Systems Manuals, which contain methods, policies, procedures, programs, and standards approved for store operations. These manuals are crucial for maintaining uniformity and protecting Circle K's reputation. Franchisees must keep these manuals current and available at the store, returning hard copies upon termination of the agreement.
Further examples of confidential information include trade secrets, data, customer information, software, technology, materials, know-how, ideas, techniques, procedures, marketing and strategic plans, research methods, operational methods, improvements, and copyrighted materials. Pricing structures, advertising strategies, and promotional discounts related to items sold at Circle K stores also fall under this category. Essentially, any information concerning the Business System that Circle K designates as confidential, or that a reasonable person would consider confidential due to its nature or the circumstances of its disclosure, is protected.
Franchisees are obligated to use all reasonable means to keep this information secret and confidential, and they are prohibited from copying any Confidential Information without written approval from Circle K. This obligation extends throughout the term of the franchise agreement. Access to this confidential information is a key reason why franchisees and their employees are subject to non-compete agreements, preventing them from using this knowledge to operate or be involved with competing businesses during the term of their franchise agreement and within a specified radius of any Circle K store.