Does the definition of Confidential Information for Cream include site selection criteria?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
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
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Confidential Information includes site selection criteria. Cream defines Confidential Information as non-public information about the System and the operation of Jeni's Ice Creams Scoop Shops. This includes, but is not limited to, site selection criteria, market or demographic research, and real estate reports.
As a Cream franchisee, you and your personnel may have access to this Confidential Information. Cream specifies that you must keep this information confidential and only use it to the extent necessary for exercising your Development Rights or operating your Jeni's Ice Creams Scoop Shops. You are also responsible for ensuring that anyone you share the information with, such as employees, also adheres to these confidentiality requirements.
The FDD states that unauthorized use or disclosure of Cream's Confidential Information would be an unfair method of competition and a breach of trust, potentially causing irreparable harm to Cream and its affiliates. Therefore, it is crucial to handle all Confidential Information, including site selection criteria, with the utmost care and in accordance with Cream's established privacy policies and standards.