Is Pearce Bespoke's Internet Code of Conduct 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 Pearce Bespoke's 2025 Franchise Disclosure Document, the Internet Code of Conduct is considered Confidential Information. The FDD specifies that Confidential Information includes, without limitation, Franchisor's Internet Code of Conduct, social media policy, internet/web protocols, procedures, and content. This means Pearce Bespoke franchisees must treat the Internet Code of Conduct as proprietary and protect it from unauthorized disclosure.
As a Pearce Bespoke franchisee, you are obligated to maintain the confidentiality of this information, as outlined in the franchise agreement. This obligation extends not only during the term of the agreement but also after its expiration or termination. Franchisees must ensure their employees with access to this information also maintain its confidentiality, often through Confidentiality/Non-Competition Agreements.
The FDD also clarifies that franchisees and their personal guarantors must not copy, duplicate, or reproduce any Confidential Information, including the Internet Code of Conduct, or share it with third parties. Upon termination of the franchise agreement, franchisees may be required to return or destroy all Confidential Information, including the Internet Code of Conduct, as directed by Pearce Bespoke. This underscores the importance of safeguarding this information to protect Pearce Bespoke's competitive advantage and brand integrity.