Does the definition of Confidential Information for Cream include customer data?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
estate reports; (2) training and operations materials and manuals; (3) 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; (4) 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; (5) market research, promotional, marketing, and advertising programs for Jeni's Ice Creams Scoop Shops; (6) the identity or specifications of any of our required, approved, or designated suppliers, products, services; (7) 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 similar technology; (8) knowledge of the operating results and financial performance of any Jeni's Ice Creams Scoop Shops, including your Jeni's Ice Creams Scoop Shops; (9) customer data, including personal information, analytic data, and opt-in/opt-out preferences; and (10) any other information designated as confidential or proprietary by us or our affiliates.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, customer data is included in the definition of Confidential Information. The FDD specifies that Confidential Information includes customer data, such as personal information, analytic data, and opt-in/opt-out preferences. This means that Cream franchisees are obligated to protect this data and use it only as permitted by Cream.
Cream retains ownership of all Confidential Information, granting franchisees only the right to use it as specified during the term of the franchise agreement. Unauthorized use or disclosure of this information is considered a breach of trust and can result in significant harm to Cream. Franchisees must ensure that their employees and representatives who have access to this information are also bound by confidentiality obligations.
Upon termination of the franchise agreement, franchisees must either return or destroy all Confidential Information, including customer data. This obligation extends to any customer data or other information from the franchisee's computer system. Cream also has the right to conduct data security and privacy audits to ensure franchisees are complying with these requirements, highlighting the importance of adhering to Cream's data protection policies.