What access does the Del Taco designated administrator have to the franchisee's computer system?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
With respect to Section 3.(2) above, Del Taco shall have the right to designate an individual or entity, which may be an employee of Del Taco, to serve as an administrator of the Platform on behalf of Franchisee and/or other franchisees of Del Taco.
The administrator shall have such access to Franchisee's computer system, including without limitation all files and data regarding Franchisee's use of the Platform as the administrator deems necessary to perform the functions thereof.
Del Taco shall have no fiduciary obligation to Franchisee and shall have the right to exercise its business judgement, as further described in Section 13 below, regarding the exercise of its rights described in this Section.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to the 2025 Del Taco Franchise Disclosure Document, Del Taco has the right to designate an administrator for the Platform on behalf of the franchisee. This administrator, who may be a Del Taco employee, has access to the franchisee's computer system.
The designated administrator's access includes all files and data regarding the franchisee's use of the Platform, as deemed necessary by the administrator to perform their functions. This broad access enables the administrator to oversee and manage the franchisee's use of the Del Taco's systems effectively.
Del Taco states that it has no fiduciary obligation to the franchisee and will exercise its business judgment when using these access rights. This means that while Del Taco can access franchisee data, they are not legally bound to act solely in the franchisee's best interest, highlighting the importance of trust and understanding in the franchisor-franchisee relationship. Franchisees should seek clarification on how this access is managed and what data is typically accessed to ensure their operational data is handled responsibly.