What is a Face Foundrie Franchisee employee prohibited from doing with Confidential Information, both during and after their employment?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
lude any information that (i) is commonly known by or available to the public; (ii) has been voluntarily disclosed to the public by Franchisor or its Affiliates; (iii) has been independently developed or lawfully obtained by Franchisee (other than by virtue of disclosure by Franchisor or its Affiliates in connection with this Agreement); or (iv) has otherwise entered the public domain through lawful means.
- (b) Franchisee and each Restricted Party agree that while this Agreement remains in effect such party will not, directly or indirectly, disclose or publish to any Person, or copy or use for such party's own benefit, or for the benefit of any other Person, any Confidential Information, except as required to carry out Franchisee's obligations under this Agreement or as Franchisor has otherwise expressly approved in writing. As between Franchisor, on the one hand, and Franchisee and the Restricted Parties, on the other hand, all Confidential Information is the sole and exclusive property of Franchisor. Franchisee and each Restricted Party agree that the restrictions contained in the preceding sentences in this Section 7.02(b) will remain in effect with respect to Confidential Information for five (5) years following termination or expiration of this Agreement for any reason; provided, however, if the Confidential Information rises to the level of a trade secret under applicable law, then such restriction shall remain in effect until such time as the information does not constitute a trade secret. 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 Face Foundrie's 2025 Franchise Disclosure Document, both during and for a period after their employment, a Face Foundrie franchisee and their employees are restricted from disclosing, publishing, copying, or using any Confidential Information related to the Face Foundrie system. This restriction applies whether the actions are direct or indirect, and whether they benefit the party themselves or any other person. The only exceptions are if the actions are required to fulfill the franchisee's obligations under the Franchise Agreement or if Face Foundrie has given express written approval.
Confidential Information includes any data related to the Face Foundrie system or the development and operation of Face Foundrie Facial Bars that the franchisor discloses to the franchisee. This information is either designated as confidential or would reasonably be expected to be kept confidential. Examples include equipment, products, supplies, service execution methods, plans and specifications for Face Foundrie Facial Bars, sales, marketing and advertising programs, supplier identities and pricing, operating results and financial performance, inventory control methods, computer systems and software, and any other information labeled proprietary or confidential.
After the agreement terminates or expires, these restrictions on Confidential Information remain in effect for five years. However, if the Confidential Information qualifies as a trade secret under applicable law, the restriction remains in effect as long as the information retains its trade secret status. The franchisee must also take appropriate steps to protect Confidential Information from unauthorized disclosure, copying, or use. Upon request or at the end of the agreement, the franchisee must return or delete any materials containing Confidential Information.