What supplier information is considered Confidential Information for a Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You and your owners and personnel may be provided and/or have access to non-public information about the System and the operation of Jeni's Ice Creams Scoop Shops, including your Shop (the "Confidential Information"), including: (i) site selection criteria, market or demographic research, and/or other real estate reports; (ii) training and operations materials and manuals, including the Brand Manual; (iii) the system standards and other methods, formats, specifications, standards, systems, procedures, techniques, sales and marketing techniques, knowledge, and experience used in developing, promoting and operating Jeni's Ice Creams Scoop Shops; (iv) recipes, ingredient lists, nutrition facts, methods of preparation, and other information about products and menu items, including the existence or specifications of any seasonal or other unreleased products and menu items; (v) market research, promotional, marketing, and advertising programs for Jeni's Ice Creams Scoop Shops; (vi) identity or specifications of any of our required, approved, or designated suppliers, products, or services; (vii) any software or technology which is proprietary to the System, including any login credentials for, source code of, and data, reports, and other materials generated by the software or technology; (viii) knowledge of the operating results and financial performance of any Jeni's Ice Creams Scoop Shops, including your Shop; (ix) customer data, including personal information, analytic data, and opt-in/opt-out preferences; and (x) any other information designated as confidential or proprietary by us.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 40–42)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the identity or specifications of any required, approved, or designated suppliers, products, or services are considered Confidential Information. This means that as a franchisee, you are obligated to keep this information secret and only use it as necessary for operating your Cream shop. This obligation extends to your owners and personnel.
Cream strictly controls how Confidential Information is handled. Franchisees must process, retain, use, collect, and disclose this information only to the extent necessary for operating their shop and in accordance with Cream's privacy policies and system standards. Franchisees are responsible for ensuring that their employees and representatives who have access to this information also adhere to these confidentiality requirements. Unauthorized copying, disclosure, or distribution of this information is prohibited.
To protect Confidential Information, Cream requires franchisees to implement administrative, physical, and technical safeguards. These safeguards include establishing reasonable security and access measures, restricting disclosure to key personnel, and requiring individuals with access to sign confidentiality agreements. Franchisees may be required to use a specific form of confidentiality agreement approved by Cream. At Cream's request, franchisees must either destroy or return any Confidential Information.
However, information that is already lawfully known to the public is not considered Confidential Information, provided that its disclosure does not violate any applicable laws or obligations to Cream. This exception acknowledges that some information may be in the public domain and therefore not subject to confidentiality restrictions.