Are Zoomin Groomin franchisees required to keep performance data confidential?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
5.4.Performance Data
Performance data is Confidential Information and must be treated as defined in Section 6.2. We reserve the right to share performance data of your Franchised Business with individuals and agents who need it to provide us with assistance. We may also disclose aggregate performance data in our franchise disclosure documents.
Confidentiality
6.1.Definition
The term "Confidential Information" is defined as non-public sensitive or proprietary material related to our Franchise System, relationship with you or the Franchise Business whether provided by us or by you. The disclosure may be oral or written in any form including tangible, intangible and electronic media regardless whether it is marked. For the avoidance of doubt, Confidential Information includes Client lists, performance data and reports from our Franchise System along with any notes, summaries or other derivative works. Confidential Information does not include material that: a) you possessed more than thirty (30) days before the Effective Date of any contract between us, b) independently developed, c) obtained from a third party with no corresponding obligation of confidentiality, or d) in the public domain.
6.2.Confidentiality
You will not directly or indirectly disclose, publish, share with any third party any Confidential Information without our prior written consent. You may share Confidential Information with your employees or agents that need it to complete essential job functions if they are covered by equivalent restrictions.
6.3.Use
You may only use Confidential Information to perform your obligations under this Agreement. You will avoid using Confidential Information for your own benefit or to our detriment. For the avoidance of doubt, Confidential Information cannot be used in a competing business that is detrimental to us.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 36–37)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, franchisees are required to keep performance data confidential. The FDD specifies that performance data is considered Confidential Information and must be treated as defined in Section 6.2 of the agreement. Zoomin Groomin retains the right to share this performance data with individuals and agents who need it to provide assistance to the company and may also disclose aggregate performance data in their franchise disclosure documents.
The definition of Confidential Information includes non-public, sensitive, or proprietary material related to the Zoomin Groomin franchise system, the relationship between the franchisee and Zoomin Groomin, or the franchise business, whether provided by Zoomin Groomin or the franchisee. This information can be oral or written in any form, including tangible, intangible, and electronic media, regardless of whether it is marked as confidential. Client lists, performance data, and reports from the franchise system, along with any notes, summaries, or other derivative works, are explicitly included as Confidential Information.
Franchisees are prohibited from directly or indirectly disclosing, publishing, or sharing any Confidential Information with any third party without Zoomin Groomin's prior written consent. However, franchisees may share Confidential Information with their employees or agents who need it to complete essential job functions, provided those employees or agents are subject to equivalent confidentiality restrictions. Franchisees are only allowed to use Confidential Information to fulfill their obligations under the Franchise Agreement and must avoid using it for their own benefit or to the detriment of Zoomin Groomin. The document explicitly states that Confidential Information cannot be used in a competing business that is detrimental to Zoomin Groomin.