Does the text mention any specific exceptions to the confidentiality obligations under The Standardx Confidentiality Agreement?
The_Standardx Franchise · 2025 FDDAnswer from 2025 FDD Document
- Exclusions. The term Confidential Information does not include information which (A) was or becomes generally available to the public other than as a result, directly or indirectly, of any disclosure by the receiving party hereunder, or (B) was or becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party or its employees, agent or representatives, provided that such source is not, to the receiving party's knowledge, bound by a confidentiality agreement or otherwise prohibited from transmitting the information to the receiving party by contractual, legal or fiduciary obligations, (C) was within the possession of the receiving party prior to its being furnished to the receiving party by the disclosing party, or (D) information which is incorporated into analyses, studies or internal reports, provided, however, such information, studies, analyses or reports shall be kept confidential in accordance with the receiving party's policies and procedures it
uses to protect and safeguard its own client confidential information.
Source: Item 18 — OTHER INCOME (LOSS), NET (FDD pages 187–399)
What This Means (2025 FDD)
According to The Standardx's 2025 Franchise Disclosure Document, there are specific exclusions to what is considered Confidential Information. The confidentiality agreement does not apply to information that (A) was already publicly available or becomes publicly available through no fault of the receiving party, (B) was or becomes available to the receiving party on a non-confidential basis from another source not bound by confidentiality, (C) was already in the receiving party's possession prior to disclosure, or (D) is incorporated into internal analyses, studies, or reports, provided these are kept confidential according to the receiving party's own confidentiality policies.
These exclusions mean that a The Standardx franchisee is not obligated to keep information confidential if it falls into one of these categories. For example, if similar data is independently obtained from a third-party source without any confidentiality restrictions, the franchisee is not in breach of the agreement if they use or disclose that information. Similarly, information already known to the franchisee before signing the agreement is not subject to the confidentiality obligations.
It is important for a prospective The Standardx franchisee to understand these exclusions, as they define the boundaries of what information must be protected. The franchisee should also be aware that even if information is incorporated into internal reports, it must still be handled with the same level of confidentiality as the franchisee's own client information. This ensures that sensitive data related to The Standardx is protected even when used for internal purposes.