What access to the Technology System and Required Software must a Del Taco franchisee provide to Del Taco?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
reasonably request in writing (collectively, "Technology Upgrades").
- 5.15.5 Franchisee agrees to comply with Del Taco's written specifications (whether in the Manuals or otherwise) with respect to the Technology System and the Required Software, and with respect to Technology Upgrades, at Franchisee's own expense.
- 5.15.6 Franchisee agrees to afford Del Taco unimpeded access to its Technology System and Required Software in the manner, form, and at the times that Del Taco requests.
- 5.15.7 Because changes to technology are dynamic and not predictable within the term of this Agreement, and in order to provide for inevitable but unpredictable changes to technological needs and opportunities, Franchisee agrees: (a) that Del Taco will have the right to establish, in writing, reasonable new standards to address new technologies, whether published in the Manuals or otherwise in writing, and that Del Taco has the right to implement those changes in technology into the System; (b) to abide by Del Taco's reasonable new standards as if this Section 5.15, and other technology provisions in this Agreement, were periodically revised for that purpose, and (c) to pay any fees, charges, or other amounts to Del Taco or any third party for such new technologies and related components. Upon notification that any technology Franchisee is using in connection with the Restaurant does not meet Del Taco's specifications or standards, Franchisee shall immediately cease and desist from using same and Del Taco shall have the right to remove said technology from the Restaurant.
- 5.16 Customer Data. Franchisee agrees that all data that it collects from customers and potential customers in connection with the Franchised Business ("Customer Data") is deemed to be owned exclusively by Del Taco, and Franchisee also agrees to provide the Customer Data to Del Taco or delete Customer Data at any time that Del Taco requests. Franchisee has the right to use Customer Data while this Agreement or a successor or renewal Franchise Agreement is in effect, but only in connection with operating the Restaurant and only in accordance with the policies that Del Taco establishes from time to time. Franchisee may not sell, transfer, or use Customer Data for any purpose other than operating the Restaurant and marketing "Del Taco brand" products and services. However, if Franchisee Transfers the Restaurant (as provided in Section 12.3 below), as part of the Transfer, Franchisee must also Transfer use of the Customer Data to the buyer as part of the total purchase price paid for the Restaurant. Franchisee must secure from its vendors, customers, prospective customers, and others all consents and authorizations, and provide them all disclosures, that applicable law requires to transmit the Customer Data to Del Taco and its affiliates and for Del Taco and its affiliates to use that Customer Data in the manner that this Agreement contemplates.
- 5.17 Processing of Personal Information.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, franchisees must provide Del Taco with unimpeded access to their Technology System and Required Software. This access must be provided in the manner, form, and at the times that Del Taco requests. The Technology System includes communication systems, computer systems, kitchen display systems, hardware, back office and point of sale systems, computer hardware and software, dedicated high-speed communications equipment, telephone and power lines, modems, printers, firewalls, mobile app-related equipment, digital menu boards, communication devices, and audio/visual equipment.
Del Taco has the right to establish new technology standards and implement changes to the system. Franchisees must abide by these new standards and may be required to pay fees for new technologies and related components. If any technology used by the franchisee does not meet Del Taco's specifications, the franchisee must immediately stop using it, and Del Taco has the right to remove it from the restaurant.
Furthermore, all data collected from customers and potential customers is owned exclusively by Del Taco. Franchisees must provide this Customer Data to Del Taco or delete it upon request. While franchisees can use Customer Data during the term of the agreement, it must be in connection with operating the restaurant and in accordance with Del Taco's established policies. Del Taco also has the right to retrieve and use data and information from the franchisee's Technology System as deemed necessary or desirable. Franchisees must strictly comply with Del Taco's standards and specifications for all items associated with their Technology System and operate it accordingly.