What kind of safeguards must I implement to protect 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, as a franchisee, you 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 and restricting its disclosure to key personnel.
Additionally, you may be required to ensure that individuals with access to confidential information are bound by contractual obligations to protect it and preserve Cream's rights. Cream retains the right to designate or approve the form of confidentiality agreement used, but it remains your responsibility to ensure the agreement complies with and is enforceable under applicable laws in your jurisdiction.
Furthermore, you must process, retain, use, collect, and disclose Cream's Confidential Information strictly to the limited extent necessary for the development and operation of your shop, adhering to privacy policies, system standards, and instructions provided by Cream. You are also responsible for ensuring that your employees and representatives who have access to confidential information comply with these requirements and will be held accountable for any violations.