Are Deka Lash employees and non-employed participants allowed access to franchisee-only information?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
recognized as employees, including, but not limited to, family members, close friends, significant others, spouses, and children (hereinafter "Non-Employed Participants"), must execute an approved confidentiality, non-disclosure, and non-competition agreement. Additionally, Non-Employed Participants must comply with any and all system policies, and Franchisor shall retain the right to terminate and/or limit any access or privileges.
Access to Franchisee Only Information. Your Employees and Non-Employeed Participants are not allowed access to privileged franchisee-only information such franchisee-only meetings, and franchisee-only information, including the confidential information as contained in the Operations Manual, unless authorized by express written consent by us. This written consent can be terminated at any time, for any reason, by us.
- 8.3 Return of Information. Upon termination or expiration of this Agreement, you will return to us all of our Confidential Information embodied in tangible form, and will destroy, unless otherwise agreed, all other sources that contain or reflect any such Confidential Information. Notwithstanding the foregoing, you may retain Confidential Information as needed solely for legal, tax, and insurance purposes, but the information retained will remain subject at all times to the confidentiality restrictions of this Agreement.
- 8.4 Customer Data. We retain all right, title, and interest in and to the Customer Data, including all intellectual property rights therein and thereto. However, you may use the Customer
Data during the Term of this Agreement as permitted by this Agreement or our Manual. "Customer Data" means any and all information about Customers that may be collected in connection with their use of your franchise services, including, but not limited to, name, telephone number, address and email address. Customer Data shall be considered Confidential Information for purposes of this Agreement.
8.5 Intellectual Property Ownership. We own the Franchise system and all intellectual property associated with it. To the extent you have or later obtain any intellectual property, other property rights, or interests in the Franchise system by operation of law or otherwise, you hereby disclaim such rights or interests and will promptly assign and transfer such entire interest exclusively to us. You will not undertake to obtain, copyright, trademark, service mark, trade secret, patent rights or other intellectual property right with respect to the Franchise system.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, employees and non-employed participants are generally not allowed access to franchisee-only information. This includes privileged information such as franchisee-only meetings and confidential information contained in the Operations Manual.
However, Deka Lash may grant express written consent to allow access to this information, which it can terminate at any time and for any reason. Franchisees are responsible for ensuring their employees maintain and protect Deka Lash's confidential information. As a condition of employment, employees must execute an approved confidentiality, non-disclosure, and non-competition agreement. Franchisees must also enforce compliance with these agreements and inform Deka Lash of any actual or threatened violations by employees or service providers.
Non-Employed Participants, defined as individuals operating in the business who are not listed owners or formally recognized as employees (including family members, friends, and spouses), must also execute a confidentiality, non-disclosure, and non-competition agreement. Deka Lash retains the right to terminate or limit the access or privileges of these non-employed participants. This ensures that confidential business information remains protected and that all individuals involved in the Deka Lash franchise adhere to the franchisor's policies and security procedures.