What does Deka Lash consider to be 'Confidential Information'?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
e consider all of these items confidential and proprietary. Upon termination of your franchise agreement, you must return to us our Operations Manuals and any confidential information.
Confidential Information. You will not directly or indirectly disclose, publish, disseminate or use our "Confidential Information" except as authorized in the Franchise Agreement. You may use our Confidential Information to perform your obligations under the Franchise Agreement, but in doing so you will only allow dissemination of our Confidential Information on a need-to-know basis and only to those individuals that have been informed of the proprietary and confidential nature of such Confidential Information. We may share performance data of your Franchised Businesses and studios between us, our employees and affiliates, our franchisees and their employees. You agree to keep such performance data confidential. Additionally, you agree that we may share performance data of your Franchised Businesses in Item 19 (Financial Performance Representations) of our future Franchise Disclosure Documents.
"Confidential Information" means information or data (oral, written, electronic, or otherwise), including, without limitation, a trade secret, of or about us that is valuable and not generally known or readily available to third parties, obtained by you from us during the term of the Franchise Agreement. The Confidential Information of ours includes all intellectual property associated with our Franchise system, all other materials relating to our Franchise system that are not a matter of public record, and all information generated by the parties in the course of the performance of the Franchise Agreement.
Customer Data. "Customer Data" is considered Confidential Information and includes any and all information about Customers that may be collected in connection with their use of your services, including, but not limited to, name, telephone number, address, and email address. We retain all right, title, and interest in and to the Customer Data, including all intellectual property rights.
Personal and Performance Data. You agree that we may share performance data of Franchised Businesses between us, our employees, franchisees, franchisee's employees, affiliates, consultants, distributors, vendors, and agents. You agree to keep such performance data confidential. You consent to the disclosure by us of certain personal information concerning you and the Franchise and the Franchise Premises, namely your identity, including your name, address and telephone number, in our franchise disclosure documents, whether or not such disclosure is required by law, and in our other documents relating to the sale of franchises. Further, you consent to provide us with, and the additional disclosure by us of certain personal information concerning you, the Franchise and the Franchised Premises, including historical performance of the Franchise, sales, revenues, expenses, costs, results of operations, and similar financial information and operating information, and any information regarding the expiration or termination of your Franchise Agreement in our franchise disclosure documents (whether or not such disclosure is required by law), or to a prospective transferee of your Franchise or of the Franchise Premises or to any other prospective purchaser of us or any other franchise from us.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 45–47)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, Confidential Information encompasses a broad range of data and materials that are not generally known or readily available to third parties. This includes trade secrets and intellectual property associated with the Deka Lash franchise system, such as the Operations Manual and other materials not considered public record. Franchisees are permitted to use this information solely to fulfill their obligations under the Franchise Agreement, and dissemination must be limited to individuals with a need-to-know, who are also aware of its confidential nature. Deka Lash may share performance data of franchised businesses among its employees, affiliates, and franchisees, but franchisees must keep this data confidential. Deka Lash also reserves the right to share performance data in future Franchise Disclosure Documents.
Customer Data is explicitly classified as Confidential Information, including names, telephone numbers, addresses, and email addresses collected during service delivery. Deka Lash retains all rights and interests, including intellectual property rights, to this Customer Data. Upon termination of the franchise agreement, franchisees must return all Confidential Information, including Customer Data and Operations Manuals, to Deka Lash. Franchisees are prohibited from disclosing Confidential Information to any person or entity or using it for the benefit of any other person or business, both during and after the term of the Franchise Agreement.
Furthermore, the design, layout, color patterns, signage, furniture, fixtures, and equipment of the Deka Lash studio are considered intellectual property and proprietary to Deka Lash. Upon termination or expiration of the Franchise Agreement, Deka Lash has the option to purchase these items from the franchisee at the adjusted book value. If Deka Lash chooses not to purchase the items, the franchisee must either offer them to a current Deka Lash franchisee or destroy them to prevent reuse. This comprehensive definition of Confidential Information underscores the importance of protecting Deka Lash's proprietary assets and maintaining the integrity of its franchise system.