Does the definition of Confidential Information for Cream include proprietary software or technology?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
with making such changes, promoting a modified or substitute Mark, or for any loss of revenue due to any modification to the Marks or System.
6. PROPRIETARY INFORMATION.
A. CONFIDENTIALITY.
In connection with your Shop, you and your owners and personnel may from time to time be provided and/or have access to non-public information about the System and operation of Jeni's Ice Creams Scoop Shops, including your Shop (the "Confidential Information"), including: (1) site selection criteria, market or demographic research, and/or other real estate reports; (2) training and operations materials and manuals, including the Brand Manual; (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 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/optout preferences;
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Confidential Information includes any proprietary software or technology related to the Cream system. This encompasses login credentials, source code, data, reports, and other materials generated by the software or similar technology. Cream retains ownership of all Confidential Information, and franchisees are granted the right to use it only as specified for operating their Scoop Shops during the term of the franchise agreement.
Cream emphasizes that this Confidential Information is proprietary and includes trade secrets, which are disclosed to franchisees solely under the condition that they protect it. Unauthorized use or disclosure of this information is considered an unfair method of competition and a breach of trust, potentially causing irreparable harm to Cream and its affiliates. Franchisees are obligated to ensure that their owners, family members, employees, and representatives also adhere to these confidentiality requirements.
This definition of Confidential Information means that franchisees must take precautions to protect Cream's software and technology. They must limit access to only those employees who need the information to operate the franchise, and they must ensure that these individuals are bound by confidentiality agreements. Franchisees are also responsible for implementing security measures to prevent unauthorized use or disclosure of the information. These measures must be no less protective than the terms outlined in the franchise agreement. Upon termination of the franchise agreement, franchisees may be required to destroy or return all Confidential Information to Cream.