Who is a Deka Lash franchisee allowed to disseminate Confidential Information to?
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.
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, franchisees are permitted to share Confidential Information only on a need-to-know basis. This means that franchisees can only disseminate Confidential Information to individuals who require it to fulfill their obligations under the Franchise Agreement.
The document specifies that these individuals must be informed of the proprietary and confidential nature of the information before it is shared. This condition emphasizes the importance of maintaining the confidentiality of Deka Lash's proprietary information and protecting its competitive advantage.
Furthermore, Deka Lash may share performance data of franchised businesses and studios among themselves, their employees and affiliates, and their franchisees and their employees. Franchisees must keep such performance data confidential. This reciprocal sharing of information allows Deka Lash and its franchisees to benchmark performance and identify areas for improvement, while the confidentiality requirement ensures that sensitive business data is not disclosed to unauthorized parties. Franchisees may never reveal any of Deka Lash's Confidential Information to any other person or entity or use it for the benefit of any other person or business during the initial term, any renewal term, or after the Franchise Agreement expires or is terminated.