What is considered 'Confidential Information' regarding the Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
ur defense nor indemnify you for damages or expenses in a proceeding involving the copyrighted works.
You and your owners and personnel may be provided and/or have access to non-public information about the System and the operation of Jeni's Ice Creams Scoop Shops, including your Shop (the "Confidential Information"), including: (i) site selection criteria, market or demographic research, and/or other real estate reports; (ii) training and operations materials and manuals, including the Brand Manual; (iii) the system standards and other methods, formats, specifications, standards, systems, procedures, techniques, sales and marketing techniques, knowledge, and experience used in developing, promoting and operating Jeni's Ice Creams Scoop Shops; (iv) recipes, ingredient lists, nutrition facts, methods of preparation, and other information about products and menu items, including the existence or specifications of any seasonal or other unreleased products and menu items; (v) market research, promotional, marketing, and advertising programs for Jeni's Ice Creams Scoop Shops; (vi) identity or specifications of any of our required, approved, or designated suppliers, products, or services; (vii) any software or technology which is proprietary to the System, including any login credentials for, source code of, and data, reports, and other materials generated by the software or technology; (viii) knowledge of the operating results and financial performance of any Jeni's Ice Creams Scoop Shops, including your Shop; (ix) customer data, including personal information, analytic data, and opt-in/opt-out preferences; and (x) any other information designated as confidential or proprietary by us.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 40–42)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Confidential Information includes non-public details about the Cream system and the operation of Jeni's Ice Creams Scoop Shops, including the franchisee's shop. This encompasses a wide array of sensitive business data that is crucial for maintaining Cream's competitive edge and operational standards.
Specifically, Confidential Information includes site selection criteria, market research, training and operations manuals (including the Brand Manual), system standards, methods, formats, specifications, systems, procedures, techniques, sales and marketing techniques, knowledge, and experience used in developing, promoting, and operating Jeni's Ice Creams Scoop Shops. It also covers recipes, ingredient lists, nutrition facts, preparation methods, and details about both current and unreleased products. Furthermore, market research, promotional, marketing, and advertising programs, as well as the identity of approved suppliers, products, and services, are considered confidential.
The definition extends to proprietary software or technology, including login credentials, source code, and data generated by the software. Financial performance data of any Jeni's Ice Creams Scoop Shops, including the franchisee's own shop, is also protected. Customer data, including personal information, analytic data, and opt-in/opt-out preferences, falls under Confidential Information. Finally, any other information designated as confidential or proprietary by Cream is included. This broad definition ensures that a wide range of sensitive business information remains protected.
However, information that is already lawfully known to the public without any breach of obligation to Cream is not considered Confidential Information. Franchisees are responsible for ensuring that their owners, employees, and representatives adhere to these confidentiality requirements, and any violation of these terms can result in liability for the franchisee.