For what purposes am I allowed to use Cream's Confidential Information?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) process, retain, use, collect, and disclose our Confidential Information strictly to the limited extent, and in such a manner, as necessary for the development and operation of your Shop in accordance with this Agreement, 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 System 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 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;
- (d) not make unauthorized copies of any of our Confidential Information;
- (e) adopt and maintain administrative, physical, and technical safeguards to prevent unauthorized use or disclosure of any of our Confidential Information, including by establishing reasonable security and access measures, restricting its disclosure to key personnel, and/or by requiring persons who have access to such Confidential Information to be bound by contractual obligations to protect such Confidential Information and preserve our rights and controls in such Confidential Information, in each case that are no less protective or beneficial to us than the terms of this Agreement (and we reserve the right to designate or approve the form of confidentiality agreement that you use, provided that it is your responsibility to ensure that such agreement complies with and is enforceable under applicable laws in your jurisdiction); and
- (f) at our request, destroy or return any of the Confidential Information.
Confidential Information does not include information, knowledge, or know-how which is lawfully known to the public without violation of applicable law or an obligation to us or our affiliates.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, franchisees have limited rights to use the brand's Confidential Information. Cream retains ownership of all Confidential Information, only granting franchisees the right to use it as specified in the Franchise Agreement. This means a franchisee can only use the Confidential Information to the extent necessary for the development and operation of their Cream shop.
Specifically, Cream allows 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, in accordance with the Franchise Agreement. Franchisees must also adhere to Cream's privacy policies and System Standards. Disclosure of Confidential Information is restricted to employees and representatives who need the information to assist in the shop's operation, and franchisees are responsible for any violations of this requirement by those they provide the information to. Unauthorized copying of Confidential Information is prohibited.
Cream also requires franchisees to adopt and maintain safeguards to prevent unauthorized use or disclosure of Confidential Information. This includes establishing security measures, restricting disclosure to key personnel, and ensuring those with access are bound by confidentiality agreements. Franchisees must also destroy or return any Confidential Information at Cream's request. It is important to note that information already lawfully known to the public is not considered Confidential Information. This underscores the importance of protecting Cream's proprietary information and adhering to the outlined restrictions to avoid potential breaches of the Franchise Agreement.