What specific information is included as Deka Lash's confidential information?
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. We retain all right, title, and interest in and to the Customer Data, including all intellectual property rights.
Personal and Performance Data. You agree that we may share performance data of Franchised Businesses between us, our employees, franchisees, franchisee's employees, affiliates, consultants, distributors, vendors, and agents. You agree to keep such performance data confidential. You consent to the disclosure by us of certain personal information concerning you and the Franchise and the Franchise Premises, namely your identity, including your name, address and telephone number, in our franchise disclosure documents, whether or not such disclosure is required by law, and in our other documents relating to the sale of franchises.
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, confidential information encompasses a wide array of data and materials that are not publicly available and are valuable to Deka Lash. This includes trade secrets, intellectual property associated with the franchise system, and any materials related to the franchise system that are not a matter of public record. It also covers all information generated during the performance of the Franchise Agreement. Franchisees are restricted from disclosing or using this confidential information, except as authorized within the Franchise Agreement, and must limit its dissemination to individuals with a need-to-know who have been informed of its confidential nature.
Customer Data is explicitly classified as Confidential Information, including details such as customer 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 while franchisees collect and utilize this data to provide services, the ownership and control of the data remain with Deka Lash.
Furthermore, the design and layout of the studio, including color patterns, signage, furniture, fixtures, and equipment, are considered intellectual property proprietary to Deka Lash. Upon termination or expiration of the Franchise Agreement, Deka Lash has the option to purchase these items from the franchisee at the adjusted book value. If Deka Lash chooses not to purchase the items, the franchisee must either sell them to another Deka Lash franchisee or destroy them to prevent reuse. This underscores the importance of maintaining the confidentiality and proprietary nature of Deka Lash's brand identity and operational standards.