What does Deka Lash consider to be included in the definition of 'Confidential Information'?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
formance 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.
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 wide range of data and materials that are not publicly available and are valuable to Deka Lash. This includes any information or data, whether oral, written, or electronic, that the franchisee obtains from Deka Lash during the term of the Franchise Agreement. This broad definition ensures that all sensitive aspects of the Deka Lash business model are protected.
Specifically, Deka Lash considers all intellectual property associated with its franchise system as Confidential Information. This extends to all materials related to the franchise system that are not a matter of public record. Furthermore, any information generated by both parties during the performance of the Franchise Agreement also falls under this classification. This means that franchisees must treat all aspects of the Deka Lash system, from operational procedures to marketing strategies, as confidential.
Customer Data is explicitly defined as Confidential Information, including details such as customer names, telephone numbers, addresses, and email addresses. Deka Lash retains all rights and interests in this Customer Data, including all intellectual property rights. This underscores the importance of protecting customer information and adhering to Deka Lash's policies regarding its use and storage. Upon termination of the franchise agreement, franchisees must return all Confidential Information, including Customer Data, to Deka Lash and are prohibited from using it for any other business or entity.