Is My Salon Suite required to expressly designate certain material as confidential for it to be considered Confidential Information?

According to the 2025 My Salon Suite Franchise Disclosure Document, My Salon Suite is not always required to expressly designate certain material as confidential for it to be considered Confidential Information. The FDD states that all information, knowledge, know-how, techniques, and other data which My Salon Suite designates as confidential will be deemed Confidential Information. However, My Salon Suite is not required to expressly designate certain material as confidential if the material is, by its very nature, proprietary and confidential.

This means that even if My Salon Suite does not specifically label something as "confidential," it can still be treated as such if it is inherently proprietary or a trade secret. This places a responsibility on the franchisee to recognize and protect information that is obviously confidential, even without explicit instructions.

For a prospective My Salon Suite franchisee, this implies a need for careful judgment and proactive protection of sensitive information. Franchisees should seek clarification from My Salon Suite regarding what constitutes "proprietary and confidential" information to avoid unintentional breaches of confidentiality. Franchisees should also ensure that their employees understand and adhere to these confidentiality obligations, as they are also bound by similar restrictions.