Is Personal Information considered Confidential Information under the Cream franchise agreement?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
which is proprietary to the System, including any login credentials for, source code of, and data, reports, and other materials generated by, the software or technology; (8) knowledge of the operating results and financial performance of any Jeni's Ice Creams Scoop Shops, including your Jeni's Ice Creams Scoop Shops; (9) customer data, including personal information, analytic data, and opt-in/optout preferences; and (10) any other information designated as confidential or proprietary by us or our affiliates.
All Confidential Information will be owned by us or our affiliates (other than Restricted Data, as defined in Section 8.K). You acknowledge and agree that: (i) you will not acquire any interest in any of our Confidential Information, other than the right to use it as we specify in operating your Shop during the Term, and (ii) 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.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, customer data, including personal information, is considered confidential information. Cream states that all confidential information will be owned by them or their affiliates, except for Restricted Data. As a Cream franchisee, you must acknowledge that you will not acquire any interest in Cream's confidential information, other than the right to use it as specified while operating your shop during the term of the franchise agreement.
Cream emphasizes that its confidential information is proprietary and includes trade secrets, which are disclosed to you only on the condition that you protect it. Unauthorized use or disclosure of this information would be considered an unfair method of competition and a breach of trust, resulting in irreparable harm to Cream and its affiliates. Therefore, franchisees must handle customer data and personal information with the utmost care and in accordance with Cream's established privacy policies and standards.
Upon termination of the franchise agreement, Cream requires franchisees to cease using and either disable or transfer to them full control of all contact information and digital presences used to operate the shop. Franchisees must also return or destroy all items, forms, and materials containing any mark or relating to Jeni's Ice Creams Scoop Shops, including all confidential information and customer data from the computer system. Franchisees must comply with all system standards related to the closure and de-identification of their shop, including disposing of personal information in any form, whether in their possession or that of their employees.