What are some examples of proprietary information that Engel & Volkers considers valuable trade secrets?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
We regard various proprietary information used in our business and supplied to you as valuable trade secrets. This proprietary information includes (but is not limited to): the System Documentation and all elements of the System; information concerning our business system, our referral system, business and marketing plans and resources; information technology; all information, knowledge, trade secrets or know-how utilized or embraced by the System and/or imparted to you by us or any of our affiliates which concerns our systems of operation, programs, services, products,
customers, clients, prospective customers or client, practices, materials, books, records, manuals, computer files, databases or software; all programs, products, services, equipment, technologies, policies, standards, requirements, criteria and procedures that now or in the future are a part of the System; all specifications, procedures, systems, techniques and activities employed by us in the offer and sale of services, programs, and/or products at or from your Residential Real Estate Brokerage; all our sources (or prospective sources) of supply and all information pertaining to same; the specifications, and your final plans, for the construction, build out, design, renovation, décor, equipment, signage, furniture, fixtures and trade dress elements of your office; the identity of, and all information relating to, the computer systems and software utilized by us and you; all information pertaining to our and your advertising, marketing, promotion and merchandising campaigns, activities, materials, specifications and procedures; all customer lists, data and records generated and/or otherwise maintained by you, your franchised business; your (and, if in the future we permit, your) internet/web protocols, procedures and content (including electronic data, data files, user names and passwords); our training and other instructional programs and materials; all elements of our staff training and staff certification policies and procedures; all communications between us and you; additions or improvements to, deletions from and modifications and variations of the components of the System and the other systems and methods of operations which we employ now or in the future; research, development and test programs for services and operations; and, all other information, knowledge and know-how which either we or our affiliates, now or in the future, designate as confidential, and other confidential aspects of our business. You must exert reasonably prudent efforts to maintain the confidentiality of this proprietary information. This includes informing your residential manager, officer manager and other personnel that these materials are proprietary and supervising their use by them.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 59–61)
What This Means (2025 FDD)
According to Engel & Volkers's 2025 Franchise Disclosure Document, the brand considers various proprietary information used in its business and supplied to franchisees as valuable trade secrets. This includes, but is not limited to, the System Documentation and all elements of the System, information concerning their business system, referral system, business and marketing plans and resources, and information technology. The definition extends to all information, knowledge, trade secrets or know-how utilized or embraced by the System and/or imparted to franchisees by Engel & Volkers or any of its affiliates, concerning their systems of operation, programs, services, and products.
Engel & Volkers also considers information such as customer and client lists, prospective customer information, practices, materials, books, records, manuals, computer files, databases, and software as proprietary information. This also includes all programs, products, services, equipment, technologies, policies, standards, requirements, criteria, and procedures that are currently or will be part of the Engel & Volkers System. The definition further encompasses all specifications, procedures, systems, techniques, and activities employed by Engel & Volkers in the offer and sale of services, programs, and/or products at or from a Residential Real Estate Brokerage.
Furthermore, Engel & Volkers considers its sources of supply, specifications, final construction plans, build-out designs, renovations, décor, equipment, signage, furniture, fixtures, and trade dress elements of the office as proprietary. The identity of and all information relating to the computer systems and software utilized by Engel & Volkers and its franchisees, along with all information pertaining to advertising, marketing, promotion, and merchandising campaigns, activities, materials, specifications, and procedures, are also included. The brand also considers its training and other instructional programs and materials, all elements of staff training and certification policies and procedures, and all communications between Engel & Volkers and its franchisees as proprietary information.
Finally, Engel & Volkers includes any additions, improvements, deletions, modifications, and variations of the components of the System, research, development, and test programs for services and operations, and all other information, knowledge, and know-how designated as confidential by Engel & Volkers or its affiliates as proprietary information. Franchisees must exert reasonably prudent efforts to maintain the confidentiality of this proprietary information, including informing their residential manager, officer manager, and other personnel about the proprietary nature of the materials and supervising their use.