Besides employees and representatives, are there any other individuals to whom a Cream franchisee can disclose Confidential Information?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You and your owners agree to (and to use each of your best efforts to cause each of your respective current and former spouses, immediate family members, owners, officers, directors, employees, representatives, affiliates, successors and assigns to):
- (a) process, retain, use, collect, and disclose our Confidential Information strictly to the limited extent, and in such a manner, as necessary for exercise of your Development Rights in accordance with this Agreement, and/or the operation of Jeni's Ice Creams Scoop Shops under the respective Franchise Agreements, and not for any other purpose of any kind;
- (b) process, retain, use, collect, and disclose our Confidential Information strictly in accordance with the privacy policies and standards we establish from time to time, and our and our representative's instructions;
- (c) keep confidential and not disclose, sell, distribute, or trade our Confidential Information to any person other than those of your employees and representatives who need to know such Confidential Information for the purpose of assisting you in exercising your Development Rights in accordance with this Agreement, and/or operating Jeni's Ice Creams Scoop Shops in accordance with Franchise Agreements with us; and you agree that you will be responsible for any violation of this requirement by any person to whom you provide Confidential Information;
- (d) not make unauthorized copies of any of our Confidential Information;
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Cream franchisees have specific obligations regarding the handling of confidential information. Franchisees and their owners must ensure that their current and former spouses, immediate family members, owners, officers, directors, employees, representatives, affiliates, successors, and assigns also adhere to these confidentiality requirements. This means the franchisee is responsible for making sure a wide range of related parties protect Cream's confidential information.
The FDD states that franchisees must process, retain, use, collect, and disclose confidential information strictly to the extent necessary for exercising their development rights and operating Jeni's Ice Creams Scoop Shops under the franchise agreements. Disclosure must also align with Cream's established privacy policies and standards. Franchisees are explicitly prohibited from disclosing confidential information to any person other than their employees and representatives who need to know the information to assist in these activities.
Cream emphasizes that any unauthorized use or disclosure of confidential information would be an unfair method of competition, a breach of trust, and would cause irreparable harm to Cream and its affiliates. Franchisees are responsible for any violations of these confidentiality requirements by anyone to whom they provide confidential information. This underscores the importance of carefully managing access to sensitive information and ensuring that all individuals with access are aware of and comply with these obligations.