What is Cream's policy on the ownership of personally identifiable information of the franchisee's employees?
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, 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. This means that while Cream retains ownership of most confidential data related to the franchise, the franchisee retains ownership of their employees' personally identifiable information.
As a Cream franchisee, you must process, retain, use, collect, and disclose Cream's confidential information strictly to the extent necessary for exercising your development rights and operating your Jeni's Ice Creams Scoop Shop. This includes adhering to Cream's privacy policies and standards and refraining from using the information for any other purpose. Franchisees are responsible for ensuring that their employees and representatives who have access to confidential information comply with these requirements.
Upon termination of the Franchise Agreement, franchisees must comply with System Standards for the closure and de-identification of their shop, including disposing of Personal Information in their possession or their employees' possession. This includes customer data or other information from your Computer System. Franchisees must also cease using and either disable or transfer to Cream full control of all Contact Information and Digital Presences that you used to operate your Shop or that displays any of the Marks or any reference to the franchise system.
This policy ensures that Cream maintains control over its proprietary information while allowing franchisees to manage their employees' personal data. Franchisees should establish clear procedures for handling employee information in compliance with privacy laws and Cream's standards.