What are some examples of administrative, physical, and technical safeguards I must maintain to prevent unauthorized use or disclosure of Cream's Confidential Information?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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, franchisees must adopt and maintain administrative, physical, and technical safeguards to prevent unauthorized use or disclosure of Cream's confidential information. These safeguards include establishing reasonable security and access measures. Cream also requires franchisees to restrict the disclosure of confidential information to key personnel.
Another safeguard is requiring individuals who have access to Cream's confidential information to be bound by contractual obligations. These obligations are designed to protect the confidential information and preserve Cream's rights and controls. The safeguards implemented by the franchisee must be no less protective or beneficial to Cream than the terms outlined in the franchise agreement.
Cream retains the right to designate or approve the form of confidentiality agreement used by the franchisee. However, it remains the franchisee's responsibility to ensure that the agreement complies with and is enforceable under applicable laws in their jurisdiction. Franchisees must also destroy or return any of Cream's confidential information upon request.