Does Goldfish Swim School have full access to a franchisee's computer system and point-of-sale data?

s, devices, methods, techniques, drawings, processes,

NOW, THEREFORE, in order to induce Company to transmit the aforesaid information

to Franchisee and Owner, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Franchisee and Owner (hereinafter, the "Franchisee Parties")

financial data, financial plans, product plans, passwords, lists of actual or potential customers or suppliers) related to or used in Goldfish Swim Schools that is not commonly known by or available to the public and that information: (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

• b) For the purposes of this Agreement "Confidential Information" means without limitation, business practices; copyrighted materials; trademarks; patents; applications; trade secrets; trade dress; instructional materials; descriptions of Goldfish's products and services; proposed products and services; computer software and hardware utilized by the System (as herein defined) and all information contained on such computer hardware and software; all data collected from customers and potential customers in connection with the Franchised Swim School; all Customer Personal Data; advertising materials; business plans; swim programs; swim curriculum and training manuals; employee compensation plans; identities of suppliers, customers and prospective customers; all specifications, sources of supply (or prospective sources) and all information pertaining to same (including wholesale pricing structures, contents of sourcing agreements and identity of suppliers), all procedures, systems, techniques and activities employed by Company or Franchisee in the offer and sale of products and/or services at or from the Franchised Swim School; prices and pricing policies; financial data; computer programs and software; floor plans; development schedules; development plans; systems; operations and procedures; the Company's Confidential Brand Standards Manual; Franchisee's final plans for construction, build-out, design, renovation, décor, equipment, signage, furniture, fixtures, and trade dress of the Franchised Swim School; and all other information provided to the Franchisee Parties from Franchisor.
• c) For purposes of this Agreement, "Customer Personal Data" means data that may be reasonably linked or linkable to natural persons to whom the Franchised Swim School provides goods or services or who are associated with a business entity to which the Franchised Swim School provides goods or services, including not limited to such natural person's name, birthdate, contact information, payment card information, transaction history, and other personal and other information as may be further set forth and defined in the Company's Confidential Brand Standards Manual.
• d) Any information expressly designated by Company as "Trade Secrets" or "Confidential Information" shall be deemed such for all purposes of this Agreement, but the absence of designation shall not relieve the Franchisee Parties of their respective obligations hereunder in respect of information otherwise constituting Trade Secrets or Confidential Information.

Source: Item 23 — RECEIPTS (FDD pages 77–389)