What is Cream's policy on selling or trading Confidential Information?
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 operating your Shop in accordance with this Agreement; 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 strictly prohibited from selling or trading the company's Confidential Information. Cream considers its Confidential Information proprietary and a trade secret, disclosing it to franchisees only under the condition that they protect it. 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.
Cream defines Confidential Information broadly, including items such as site selection criteria, training materials, system standards, recipes, market research, supplier information, software, operating results, customer data, and any other information designated as confidential by Cream. Franchisees are allowed to process, retain, use, collect, and disclose Confidential Information only to the extent necessary for the development and operation of their Cream shop, and strictly in accordance with Cream's privacy policies and standards.
Franchisees must keep the Confidential Information confidential and are explicitly forbidden from disclosing, selling, distributing, or trading it to any person, except to their employees and representatives who need to know the information to assist in operating the Cream shop. Franchisees are responsible for any violations of this requirement by anyone to whom they provide Confidential Information. Additionally, franchisees must adopt and maintain safeguards to prevent unauthorized use or disclosure, including security measures and contractual obligations for those with access to the information. At Cream's request, franchisees must destroy or return any Confidential Information.