Who owns the Confidential Information related to the 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):
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, except for personally identifiable information relating to the employees, officers, contractors, owners, or other personnel of the franchisee, its affiliates, or its Jeni's Ice Creams Scoop Shop. This also excludes other personally identifiable information designated by Cream from time to time.
As a Cream franchisee, you will not acquire any interest in Cream's Confidential Information, beyond the right to use it as specified in the Franchise Agreement. Cream's Confidential Information is proprietary and includes trade secrets, disclosed only under the condition that you protect it. Unauthorized use or disclosure of this information constitutes unfair competition and a breach of trust, resulting in irreparable harm to Cream and/or its affiliates.
You, as the franchisee, along with your owners, must ensure that your current and former spouses, immediate family members, owners, officers, directors, employees, representatives, affiliates, successors, and assigns process, retain, use, collect, and disclose Cream's Confidential Information strictly as necessary for exercising your Development Rights and operating Jeni's Ice Creams Scoop Shops. This must be done in accordance with Cream's privacy policies, standards, and instructions. You are responsible for any violations of these requirements by anyone you provide Confidential Information to, and you must not make unauthorized copies of Cream's Confidential Information.