Who, besides myself, is permitted to access Cream's Confidential Information, and under what conditions?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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 operating your Shop in accordance with this Agreement; 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;
- (e) adopt and maintain administrative, physical, and technical safeguards to prevent unauthorized use or disclosure of any of our Confidential Information, including by establishing reasonable security and access measures, restricting its disclosure to key personnel, and/or by requiring persons who have access to such Confidential Information to be bound by contractual obligations to protect such Confidential Information and preserve our rights and controls in such Confidential Information, in each case that are no less protective or beneficial to us than the terms of this Agreement (and we reserve the right to designate or approve the form of confidentiality agreement that you use, provided that it is your responsibility to ensure that such agreement complies with and is enforceable under applicable laws in your jurisdiction); and
- (f) at our request, destroy or return any of the Confidential Information.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, access to Cream's Confidential Information is permitted to certain individuals beyond the franchisee. Specifically, the franchisee may disclose Confidential Information to their employees and representatives. However, this access is strictly limited to those employees and representatives who need to know the Confidential Information for the purpose of assisting the franchisee in operating their Cream shop, as outlined in the Franchise Agreement.
The franchisee is responsible for ensuring that anyone they provide Cream's Confidential Information to complies with the confidentiality requirements. This means the franchisee is liable for any violations of these requirements by their employees or representatives. This condition underscores the importance of carefully vetting and training staff to protect Cream's proprietary information.
Furthermore, Cream requires franchisees to adopt and maintain administrative, physical, and technical safeguards to prevent unauthorized use or disclosure of Confidential Information. These safeguards include establishing reasonable security and access measures and restricting disclosure to key personnel. Cream also has the right to designate or approve the form of confidentiality agreement used, ensuring that these agreements are enforceable and adequately protect Cream's interests. This multifaceted approach highlights Cream's commitment to protecting its Confidential Information and maintaining a competitive edge in the market.