Does Cream provide guidance or specifications for Restricted Data?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything to the contrary in this Agreement or otherwise, you agree that we do not control or own any of the following Personal Information (collectively, the "Restricted Data"): (i) any Personal Information of the employees, officers, contractors, owners, or other personnel of you, your affiliates, or your Shop; (ii) such other Personal Information as we from time to time expressly designate as Restricted Data; and/or (iii) any other Personal Information to which we do not have access. Regardless of any guidance we may provide generally and/or any specifications that we may establish for other Personal Information, you have sole and exclusive responsibility for all Restricted Data, including establishing protections and safeguards for such Restricted Data; provided, that in each case you agree to comply with all applicable laws, regulations, orders, and the guidance and codes of practice issued by industry or regulatory agencies applicable to such Restricted Data.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, while Cream may provide general guidance and specifications for other Personal Information, the franchisee has sole responsibility for Restricted Data. Restricted Data includes (i) Personal Information of the employees, officers, contractors, owners, or other personnel of the franchisee, their affiliates, or their Shop; (ii) such other Personal Information as Cream from time to time expressly designates as Restricted Data; and/or (iii) any other Personal Information to which Cream does not have access.
Cream specifies that the franchisee is responsible for establishing protections and safeguards for Restricted Data. However, the franchisee must comply with all applicable laws, regulations, orders, and the guidance and codes of practice issued by industry or regulatory agencies applicable to such Restricted Data.
This means that as a Cream franchisee, you are in charge of securing the personal data of your employees and any other data that Cream does not control. You must make sure you follow all legal requirements for protecting this data. While Cream may offer general advice on data protection, the responsibility for Restricted Data falls solely on you.