Who owns the Confidential Information related to a Cream franchise?
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, Cream or its affiliates own all Confidential Information related to the franchise, except for personally identifiable information relating to the franchisee's employees, officers, contractors, owners, or other personnel, and/or such other personally identifiable information designated by Cream from time to time. As a franchisee, you will not acquire any interest in Cream's Confidential Information, other than the right to use it as specified in the Franchise Agreement. Cream considers its Confidential Information proprietary and including its trade secrets, disclosing it to you only under the condition that you protect it.
Unauthorized use or disclosure of Cream's Confidential Information is considered an unfair method of competition and a breach of trust, resulting in irreparable harm to Cream and/or its affiliates. Franchisees and their owners must process, retain, use, collect, and disclose Cream's Confidential Information strictly to the extent necessary for exercising their Development Rights and operating Jeni's Ice Creams Scoop Shops under the Franchise Agreements. This information cannot be used for any other purpose.
Furthermore, franchisees must process, retain, use, collect, and disclose Confidential Information strictly according to Cream's privacy policies and standards, as well as any instructions provided by Cream or its representatives. Franchisees are responsible for ensuring that their employees and representatives who have access to Confidential Information adhere to these requirements and do not violate them. Franchisees are also prohibited from making unauthorized copies of Cream's Confidential Information.