After the Deka Lash Franchise Agreement expires or is terminated, what is the franchisee prohibited from doing with the Confidential Information?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
Upon termination of your franchise agreement, you must return to us our Operations Manuals and any Confidential Information, including Customer Data. You may never - during the initial term, any renewal term, or after the Franchise Agreement expires or is terminated - reveal any of our Confidential Information to any other person or entity or use it for the benefit of any other person or business.
"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.
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, after the Franchise Agreement expires or is terminated, franchisees are prohibited from revealing any of Deka Lash's Confidential Information to any other person or entity, or using it for the benefit of any other person or business. Franchisees must also return the Operations Manuals and any Confidential Information, including Customer Data, to Deka Lash upon termination of the franchise agreement.
"Confidential Information" includes any data, written or otherwise, that is valuable and not generally known to third parties, obtained during the term of the Franchise Agreement. This includes all intellectual property associated with the Deka Lash franchise system, materials not a matter of public record, and information generated during the Franchise Agreement.
Customer Data is specifically considered Confidential Information, encompassing any information collected about customers, such as names, telephone numbers, addresses, and email addresses. Deka Lash retains all rights and title to this Customer Data, including all intellectual property rights. This means that a franchisee cannot use any of this information for their own purposes or share it with anyone else, even after the franchise agreement ends.