What is Cream's policy on disclosing Confidential Information to employees?
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, franchisees are permitted to disclose Confidential Information to their employees and representatives only if those individuals need to know the information to assist in exercising development rights or operating a Jeni's Ice Creams Scoop Shop. However, franchisees are responsible for any violations of this requirement by anyone to whom they provide Confidential Information. This means that Cream franchisees must carefully control which employees have access to sensitive information and ensure those employees understand their obligations to protect it.
Cream requires franchisees to process, retain, use, collect, and disclose Confidential Information strictly to the limited extent and manner necessary for the development and operation of their shop. This information must be handled in accordance with Cream's established privacy policies, System Standards, and instructions. Franchisees must also implement administrative, physical, and technical safeguards to prevent unauthorized use or disclosure of Confidential Information. These safeguards include reasonable security and access measures, restricting disclosure to key personnel, and requiring individuals with access to be bound by contractual obligations to protect the information.
Furthermore, Cream reserves the right to designate or approve the form of confidentiality agreement used by the franchisee, although it is the franchisee's responsibility to ensure the agreement complies with and is enforceable under applicable laws. Franchisees must also refrain from making unauthorized copies of Confidential Information and, at Cream's request, must destroy or return any Confidential Information. These measures collectively aim to protect Cream's proprietary information and maintain a consistent standard of confidentiality across all franchise locations.