Does the Deka Lash franchise agreement specify any geographic limitations regarding the use of confidential information?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
Based on the 2024 Deka Lash Franchise Disclosure Document, the agreement does not explicitly define geographic limitations regarding the use of confidential information. However, the document states that upon termination or expiration of the agreement, the franchisee must return all confidential information to Deka Lash. The franchisee is allowed to retain confidential information solely for legal, tax, and insurance purposes, but this information remains subject to the confidentiality restrictions of the agreement.
The Deka Lash franchise agreement emphasizes the protection of confidential information, particularly customer data. Customer data, which includes information such as names, telephone numbers, addresses, and email addresses, is considered confidential information and Deka Lash retains all rights to it. During the term of the agreement, franchisees can use this data as permitted by the agreement or the Deka Lash manual.
While the agreement doesn't specify geographic limitations on the use of confidential information, the franchisee's use of this information is restricted to the terms of the agreement and the Deka Lash manual. This suggests that the use of confidential information is primarily intended for the operation of the franchise within its designated territory. A prospective franchisee should seek clarification from Deka Lash regarding any potential geographic limitations on the use of confidential information, especially if they have plans to operate or invest in multiple locations or territories.