Is the performance data for a Zoomin Groomin franchise considered Confidential Information?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
and email address.
5.3.Suggestions
We may incorporate into our Franchise System any suggestions, enhancement requests, recommendations, or other feedback provided by you or anyone else. We will have sole and exclusive rights and title to such suggestions.
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.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, performance data is considered Confidential Information. As such, franchisees must treat it according to the guidelines outlined in Section 6.2 of the agreement. Zoomin Groomin retains the right to share this data with individuals and agents who require it to assist them. They may also disclose aggregate performance data in their franchise disclosure documents.
This means that a Zoomin Groomin franchisee cannot disclose their performance data to third parties without prior written consent from Zoomin Groomin. However, franchisees can share this information with their employees or agents if those individuals need the data to perform essential job functions and are subject to similar confidentiality restrictions.
The definition of Confidential Information includes non-public, sensitive, or proprietary material related to the Zoomin Groomin franchise system, the franchisee's relationship with Zoomin Groomin, or the franchise business. This information can be in oral or written form, including tangible, intangible, and electronic media, regardless of whether it is marked as confidential. For clarity, Confidential Information includes client lists, performance data, and reports from the franchise system, along with any notes, summaries, or derivative works.
There are exceptions to what is considered Confidential Information. Material that the franchisee possessed more than thirty days before the effective date of any contract between them and Zoomin Groomin, material that was independently developed, information obtained from a third party without any confidentiality obligation, or information already in the public domain is not considered Confidential Information.