What does Engel & Volkers consider to be included within the definition of 'Confidential Information'?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
For avoidance of doubt, "Confidential Information" also includes (without limitation) all information, knowledge, trade secrets or know-how utilized or embraced by the ENGEL & VÖLKERS System and/or imparted to Recipient by Franchisor or any of its affiliates which concerns Franchisor's systems of operation, programs, services, products, customers, clients, prospective customers or client, practices, materials, books, records, manuals, computer files, databases or software; all elements of the ENGEL & VÖLKERS System; all programs, products, services, equipment, technologies, policies, standards, requirements, criteria and procedures that now or in the future are a part of the ENGEL & VÖLKERS System; the System Documentation; all specifications, procedures, systems, techniques and activities employed by Franchisor in the offer and sale of services, programs, and/or products at or from a franchised ENGEL & VÖLKERS Residential Real Estate Brokerage; all of Franchisor's sources (or prospective sources) of supply and all information pertaining to same; Franchisor's specifications, and Franchisee's final plans, for the construction, build out, design, renovation, décor, equipment, signage, furniture, fixtures and trade dress elements of Franchisee's office; the identity of, and all information relating to, the computer systems and software utilized under the Franchise Agreement; all information pertaining to Franchisor's and Franchisee's advertising, marketing, promotion and merchandising
campaigns, activities, materials, specifications and procedures; all customer lists, data and records generated and/or otherwise maintained by Franchisee's franchised ENGEL & VÖLKERS business; Franchisor's internet/web protocols, procedures and content (including electronic data, data files, user names and passwords); Franchisor's training and other instructional programs and materials; all elements of Franchisor's recommended staffing, staff training and staff certification policies and procedures; all communications between Franchisor and Recipient; additions or improvements to, deletions from and modifications and variations of the components of the ENGEL & VÖLKERS System and the other systems and methods of operations which Franchisor employs now or in the future; research, development and test programs for services and operations; and, all other information, knowledge and know-how which either Franchisor or their respective affiliates, now or in the future, designate as confidential.
Source: Item 23 — RECEIPTS (FDD pages 88–302)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, Confidential Information encompasses a wide array of proprietary details related to the Engel & Volkers system. This includes, but is not limited to, all information, knowledge, trade secrets, and know-how utilized within the Engel & Volkers system. It also covers any information imparted to the recipient by Engel & Volkers or its affiliates concerning their systems of operation, programs, services, products, customers, practices, materials, books, records, manuals, computer files, databases, or software.
Specifically, Engel & Volkers considers all elements of their system, including programs, products, services, equipment, technologies, policies, standards, requirements, criteria, and procedures, whether current or future, as confidential. This extends to system documentation, specifications, procedures, systems, techniques, and activities employed in offering and selling services, programs, and products at franchised Engel & Volkers Residential Real Estate Brokerages. The definition also includes all of Engel & Volkers' sources (or prospective sources) of supply and related information, specifications, and franchisee's final plans for construction, build-out, design, renovation, décor, equipment, signage, furniture, fixtures, and trade dress elements of the franchisee's office.
Furthermore, the identity of and all information relating to the computer systems and software utilized under the Franchise Agreement are deemed confidential. This extends to all information pertaining to Engel & Volkers' and the franchisee's advertising, marketing, promotion, and merchandising campaigns, activities, materials, specifications, and procedures. Customer lists, data, and records generated or maintained by the franchisee's Engel & Volkers business, along with Engel & Volkers' internet/web protocols, procedures, and content, including electronic data, data files, user names, and passwords, are also included. Finally, Engel & Volkers considers its training and instructional programs and materials, staffing policies and procedures, communications between Engel & Volkers and the recipient, and any modifications or improvements to the Engel & Volkers system as confidential information.