Does the definition of 'Confidential Information' for Pearce Bespoke include internet/web protocols?
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 Pearce Bespoke's 2025 Franchise Disclosure Document, the definition of 'Confidential Information' does include internet/web protocols. This means that Pearce Bespoke considers its internet and web-related procedures and content to be proprietary and confidential. Franchisees are obligated to protect this information.
As a Pearce Bespoke franchisee, you are responsible for maintaining the confidentiality of these protocols. This obligation extends not only during the term of the franchise agreement but also after its expiration or termination. You must ensure that your employees and anyone else with access to this information also adhere to these confidentiality requirements.
The FDD specifies that all employees with managerial duties and access to Confidential Information must sign a Confidentiality/Non-Competition Agreement. Pearce Bespoke also requires franchisees to actively enforce these agreements. This underscores the importance Pearce Bespoke places on protecting its confidential information, including its internet/web protocols, and the potential legal ramifications for failing to do so.