What responsibilities do Deka Lash business managers have regarding confidential information and documents?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
You may only use our Confidential Information and Operations Manual in the course of your performance under this Agreement, subject to the provisions and duration of this Agreement. You agree to fully and strictly adhere to all security procedures we prescribe for maintaining the confidentiality of the information.
You will require, as a condition of the employment of your employees and anyone else providing services to you, that they maintain and protect our Confidential Information. You will ensure that all of your employees execute an approved confidentiality, non-disclosure, and non-competition agreement. You must follow our security procedures, which may include the execution of approved Intranet and Internet usage agreements. You will be responsible to enforce compliance with this Agreement by your employees. We may also enforce the nondisclosure agreement against your managers or employees, at our option. If you become aware of any actual or threatened violations by any of your employees or anyone else providing services to you, you will promptly and fully advise us in writing of all related facts known to you. You will cooperate with us in all ways we reasonably request to prevent or stop any violation. This may include instituting or permitting to be instituted in your name any demand, suit or action that we determine is advisable. The demand, suit or action may be maintained and prosecuted by you and us at your expense. You will also require any third party to whom you disclose any of our Confidential Information, including but not limited to consultants, distributors, and agents, to execute an approved confidentiality, nondisclosure and non-competition agreement.
Non-Employed Participants. All participants that (a) operate in the business, (b) are not listed owners on the franchise agreement, and (c) not formally 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.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, franchisees are responsible for ensuring that their employees and anyone providing services to them maintain and protect Deka Lash's confidential information. As a condition of employment, franchisees must ensure their employees execute an approved confidentiality, non-disclosure, and non-competition agreement. Franchisees must also follow Deka Lash's security procedures, which may include the execution of approved Intranet and Internet usage agreements.
Franchisees are responsible for enforcing compliance with the confidentiality agreements by their employees. Deka Lash may also enforce the nondisclosure agreement against the franchisee's managers or employees, at their option. If a franchisee becomes aware of any actual or threatened violations by any of their employees or anyone else providing services to them, they must promptly and fully advise Deka Lash in writing of all related facts known to them and cooperate with Deka Lash to prevent or stop any violation. This may include instituting or permitting to be instituted in the franchisee's name any demand, suit, or action that Deka Lash determines is advisable, which may be maintained and prosecuted by the franchisee and Deka Lash at the franchisee's expense.
Moreover, franchisees must require any third party to whom they disclose any of Deka Lash's confidential information, including but not limited to consultants, distributors, and agents, to execute an approved confidentiality, nondisclosure, and non-competition agreement. All participants that operate in the business, are not listed owners on the franchise agreement, and are not formally recognized as employees, including, but not limited to, family members, close friends, significant others, spouses, and children, must execute an approved confidentiality, non-disclosure, and non-competition agreement. These Non-Employed Participants must comply with any and all system policies, and Deka Lash retains the right to terminate and/or limit any access or privileges.