Does Nothing Bundt Cakes own the log of 'hits' by visitors to a franchisee's webpage?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
ree to pay the Franchisee and the Company all the costs it/they
incur(s), including, without limitation, legal fees and expenses, if this Confidentiality Agreement is enforced against me. Due to the importance of this Confidentiality Agreement to the Franchisee and the Company, any claim I have against the Franchisee or the Company is a separate matter and does not entitle me to violate, or justify any violation of this Confidentiality Agreement.
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- For purposes of this Agreement, "Confidential Information" means certain information, processes, methods, techniques, procedures, and knowledge, including know-how, manuals, and trade secrets (whether or not judicially recognized as a trade secret), developed or to be developed relating directly or indirectly to the development or operation of a Bakery. This includes all information not generally known or easily accessible and is important and useful in developing and operating a Nothing Bundt Cakes franchise.
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, it is not explicitly stated whether Nothing Bundt Cakes owns the log of 'hits' by visitors to a franchisee's webpage. However, the FDD does define confidential information.
According to the FDD, Confidential Information includes guest information and any other information the company reasonably designates as confidential or proprietary. It also includes the makeup and functions of the intellectual property infrastructure associated with the System including all software, computer systems or billing system associated with Nothing Bundt Cakes Franchises.
Prospective franchisees should clarify with Nothing Bundt Cakes during their due diligence whether website visitor data is considered part of the confidential information or intellectual property owned or controlled by the franchisor. Understanding data ownership is crucial for franchisees to assess their marketing autonomy and data privacy responsibilities.