Who is permitted to receive Cream's Confidential Information from me, the franchisee?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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;
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 are permitted to disclose Cream's Confidential Information to your employees and representatives. However, this is strictly limited to those who need to know the information to assist you in exercising your Development Rights and operating Jeni's Ice Creams Scoop Shops, in accordance with the Development Agreement and Franchise Agreements with Cream. You are responsible for any violation of this requirement by anyone to whom you provide the Confidential Information.
This means you must ensure your employees and representatives understand the confidential nature of the information and only use it for the purposes authorized by Cream. This includes adhering to Cream's privacy policies and standards, as well as any instructions provided by Cream or its representatives. It is crucial to have internal controls and training programs to prevent unauthorized disclosure or use of Confidential Information by your staff.
The FDD specifies that you must keep the information confidential and not disclose, sell, distribute, or trade it to any other person. Unauthorized use or disclosure is considered an unfair method of competition and a breach of trust, which could result in irreparable harm to Cream and its affiliates. This underscores the importance of safeguarding Cream's Confidential Information and taking proactive measures to prevent any potential breaches.
Cream defines Confidential Information broadly, including items such as site selection criteria, training materials, System Standards, recipes, marketing programs, supplier information, software, operating results, customer data, and any other information designated as confidential by Cream. As a franchisee, you must treat all such information with the utmost care and ensure that your employees and representatives do the same, limiting access only to those with a legitimate need to know for the authorized purposes.