Does the Cream franchise agreement specify any exceptions to the definition of Personal Information?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
All Confidential Information will be owned by us or our affiliates (other than personally identifiable information relating to the employees, officers, contractors, owners or other personnel of you, your affiliates, or your Jeni's Ice Creams Scoop Shop, and/or such other personally identifiable information designated by us from time to time). You acknowledge and agree that: (1) you will not acquire any interest in any of our Confidential Information, other than the right to use it as we specify under this Agreement or the Franchise Agreements you sign, in each case in accordance with the terms of such agreement; and (2) our Confidential Information is proprietary, includes our trade secrets, and is disclosed to you only on the condition that you will protect it. You acknowledge that any unauthorized use or disclosure of our Confidential Information would be an unfair method of competition and a breach of trust and confidence and will result in irreparable harm to us and/or our affiliates. You and your owners agree to (and to use each of your best efforts to cause each of your respective current and former spouses, immediate family members, owners, officers, directors, employees, representatives, affiliates, successors and assigns to):
- (a) process, retain, use, collect, and disclose our Confidential Information strictly to the limited extent, and in such a manner, as necessary for exercise of your Development Rights in accordance with this Agreement, and/or the operation of Jeni's Ice Creams Scoop Shops under the respective Franchise Agreements, and not for any other purpose of any kind;
- (b) process, retain, use, collect, and disclose our Confidential Information strictly in accordance with the privacy policies and standards we establish from time to time, and our and our representative's instructions;
- (c) keep confidential and not disclose, sell, distribute, or trade our Confidential Information to any person other than those of your employees and representatives who need to know such Confidential Information for the purpose of assisting you in exercising your Development Rights in accordance with this Agreement, and/or operating Jeni's Ice Creams Scoop Shops in accordance with Franchise Agreements with us; and you agree that you will be responsible for any violation of this requirement by any person to whom you provide Confidential Information;
- (d) not make unauthorized copies of any of our Confidential Information;
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the franchise agreement specifies exceptions to what is considered Confidential Information. Specifically, personally identifiable information relating to the franchisee's employees, officers, contractors, owners, or other personnel, as well as personally identifiable information designated by Cream, is excluded from the definition of Confidential Information. This means that Cream does not consider this specific information as part of their confidential data.
This distinction is important for a prospective Cream franchisee because it clarifies what information Cream considers proprietary and what information the franchisee has more freedom to manage. While the franchisee must protect Cream's Confidential Information, they retain ownership and control over the specified personal information of their own personnel. This could affect how the franchisee handles data privacy and security within their own operations.
The franchisee is still obligated to process, retain, use, collect, and disclose Confidential Information strictly to the extent necessary for exercising their Development Rights and operating Jeni's Ice Creams Scoop Shops, in accordance with Cream's privacy policies and standards. They must also keep confidential and not disclose, sell, distribute, or trade Cream's Confidential Information to any unauthorized persons. This includes ensuring that employees and representatives who have access to Confidential Information also adhere to these requirements, with the franchisee being responsible for any violations.