Does Fitstop consider its mobile applications as part of its confidential information?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
| Confidential Information | All confidential information and know-how relating to the administration and operation of a Fitstop franchised businesses including all systems, processes, procedures, software, databases, logos, manuals, advertising information and promotional materials (Confidential Information). |
|---|---|
| Other | Includes the telephone and facsimile numbers, email addresses and |
| internet domain names (including www.fitstop.com) and all other | |
| trade names, trademarks, reputation, know-how, techniques, | |
| systems and procedures, business plans, Customer Information, | |
| information technology process, hardware or programs and any | |
| computer software (including mobile applications) developed by or | |
| for the Franchisor. |
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 38–40)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, mobile applications are considered confidential information. The FDD specifies that confidential information includes all systems, processes, procedures, software, databases, logos, manuals, advertising information, and promotional materials related to the operation of a Fitstop franchise.
Specifically, the definition of "Other" confidential information includes items such as telephone and facsimile numbers, email addresses, internet domain names (including www.fitstop.com), trade names, trademarks, know-how, techniques, systems and procedures, business plans, customer information, information technology processes, hardware or programs, and any computer software, including mobile applications, developed by or for Fitstop.
This means that franchisees are obligated to protect the confidentiality of Fitstop's mobile applications and related information. They cannot disclose or use this information for any purpose outside of operating their Fitstop franchise. This obligation extends both during the term of the Franchise Agreement and after its termination. Franchisees must also ensure that their employees who have access to this confidential information sign confidentiality agreements to protect Fitstop's interests.