Does the Cream franchise agreement specify privacy policies for handling Confidential Information?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) process, retain, use, collect, and disclose our Confidential Information strictly in accordance with the privacy policies and System Standards we establish from time to time, and our and our representative's instructions;
- (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
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the franchise agreement does address privacy policies related to handling confidential information. Cream requires franchisees to process, retain, use, collect, and disclose confidential information strictly in accordance with the privacy policies and System Standards that Cream establishes and communicates from time to time, as well as following Cream's and its representatives' instructions.
This means that as a Cream franchisee, you must adhere to Cream's established privacy policies when dealing with any confidential information. This includes how you collect, use, store, and disclose such information. It also means that Cream can change these policies and standards periodically, and you are obligated to comply with those changes.
Furthermore, Cream requires franchisees to adopt and maintain administrative, physical, and technical safeguards to prevent unauthorized use or disclosure of any confidential information. This includes establishing reasonable security and access measures, restricting its disclosure to key personnel, and/or requiring persons who have access to such Confidential Information to be bound by contractual obligations to protect such Confidential Information. These measures must be no less protective or beneficial to Cream than the terms of the franchise agreement. Cream also reserves the right to designate or approve the form of confidentiality agreement that franchisees use, provided that it is the franchisee's responsibility to ensure that such agreement complies with and is enforceable under applicable laws in their jurisdiction.
These stipulations are designed to protect Cream's confidential information and maintain the integrity of the Cream brand. Franchisees should carefully review the specific privacy policies and System Standards outlined in the Brand Manual and any other communications from Cream to ensure full compliance.