Does the Face Foundrie franchise agreement specify any particular methods for protecting Confidential Information?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee also agrees that it and all of its Personnel will take appropriate steps to protect Confidential Information from any unauthorized disclosure, copying or use.
At any time upon Franchisor's request, and in any event upon expiration or termination of this Agreement, Franchisee will immediately return any copies of documents where there are materials containing Confidential Information and will take appropriate steps to permanently delete and render unusable any Confidential Information stored electronically.
- 7.03 Data and Customers.
In addition to the obligations set forth in Sections 7.01 and 7.02 above, Franchisee: (a) shall not reproduce, release or in any way make available or furnish, either directly or indirectly, to any person or Entity at any time, any information concerning the customers of Franchisee under this Agreement, which may be used to solicit sales from such customers including, but not limited to, the type of sales covered by this Agreement; (b) shall protect all said customer information from disclosure, destruction, loss or theft during the Term of this Agreement and until all copies of customer lists and copies of all other information concerning customers are turned over to Franchisor; (c) agrees not to use or permit to be used said information concerning Franchisee's customers in any manner except in the performance of this Agreement; and (d) shall at all times maintain any information, including lists, relating to the customers of Franchisee separate and distinct from any customer information Franchisee may maintain that is unrelated to this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to the 2025 Face Foundrie Franchise Disclosure Document, the franchise agreement outlines specific methods for protecting confidential information. Franchisees must take appropriate steps to protect confidential information from unauthorized disclosure, copying, or use. Upon the franchisor's request or the termination/expiration of the agreement, franchisees must return any documents containing confidential information and permanently delete any electronically stored confidential information. These obligations extend to the franchisee's personnel as well.
The agreement defines "Confidential Information" broadly, including any information related to the Face Foundrie system or the development and operation of its facial bars that is designated as confidential or would reasonably be expected to be held in confidence. This includes, but is not limited to, equipment, products, supplies, standards, procedures, protocols, methods of service execution, plans and specifications for the development of Face Foundrie Facial Bars, sales, marketing and advertising programs and techniques, identity of suppliers and knowledge of specifications, processes, procedures, equipment, and pricing. It also covers knowledge of operating results and financial performance, methods of inventory control, product handling, training and management, and computer systems and software.
Furthermore, franchisees are prohibited from reproducing, releasing, or making available any customer information that could be used to solicit sales. They must protect all customer information from disclosure, destruction, loss, or theft during the term of the agreement and until all copies of customer lists are turned over to Face Foundrie. This information must be maintained separately from any other customer information the franchisee may possess. These measures ensure that Face Foundrie's proprietary information and customer data remain protected, contributing to the brand's competitive advantage and customer loyalty.