Is the computer hardware and software utilized by the Pearce Bespoke franchise considered Confidential Information?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
Confidential Information includes (without limitation): all elements of the Business System and all products, services, equipment, technologies, policies, standards, requirements, criteria and procedures that now or in the future are part of the Business System; Franchisor's Operations Manual (including supplements to the Manual); all specifications, sources of supply, all procedures, systems, techniques and activities employed by Franchisor or Franchisee in the offer and sale of products and or services at the Pearce Bespoke Franchise; all pricing paradigms established by Franchisor or by Franchisee; all of Franchisor's and/or Franchisee's sources (or prospective sources) of supply and all information pertaining to same (including wholesale pricing structures, the contents of sourcing agreements and identity of suppliers); Franchisor's specifications, and Franchisee's final plans, for the construction, build-out, design, renovation, décor, equipment, signage, furniture, items and trade dress elements of the Pearce Bespoke Franchise; the identity of, and all information relating to, the computer and DRS POS hardware and software utilized by Franchisor and Franchisee; all information pertaining to Franchisor's and Franchisee's advertising, marketing, promotion and merchandising campaigns, activities, materials, specifications and procedures; all customer lists, customer data and other records generated and/or otherwise maintained by the Pearce Bespoke Franchise; Franchisor's Internet Code of Conduct, social media policy, internet/web protocols, procedures and content; Franchisor's training and other instruction programs and materials; all communications between Franchisor and Franchisee (including the financial and other reports Franchisee is required to submit to Franchisor under the Agreement); additions to, deletions from and modifications and variations of the components of the Business System and all other information, knowledge and know-how which Franchisor and its affiliates, now or in the future, designate as confidential.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to the 2025 Pearce Bespoke Franchise Disclosure Document, the computer hardware and software utilized by both the franchisor and franchisee are considered Confidential Information. This means that franchisees are obligated to protect this information and use it solely for the operation of their Pearce Bespoke franchise.
The franchisee is prohibited from divulging or using this Confidential Information for the benefit of any third party, including aiding a third party in imitating, duplicating, or reverse engineering any of Pearce Bespoke's Confidential Information. This restriction applies during the term of the Franchise Agreement, any renewal term, and even after the agreement expires or terminates.
Pearce Bespoke franchisees must also prevent unauthorized copying, duplication, or sharing of Confidential Information with third parties. Upon termination of the Franchise Agreement, franchisees must return or destroy all Confidential Information as requested by Pearce Bespoke, including computer databases, software, and manuals. This obligation extends to the franchisee's operational personnel, who should only have access to Confidential Information on a "need to know" basis, with franchisees taking precautions to maintain confidentiality.