What data from the Franchisee's Technology System does Del Taco have the right to retrieve and use?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
be specified in this Agreement, or specified or modified in the Manuals or otherwise in writing, at Franchisee's own cost and expense. Franchisee shall pay to Del Taco the then current Technology Systems Support Services Fee in the manner required by Del Taco. Del Taco may increase this fee upon notice to Franchisee.
- 5.15.1 Del Taco shall have the right at any time to retrieve and use such data and information from Franchisee's Technology System that Del Taco deems necessary or desirable. In view of the contemplated interconnection of computer systems and the necessity that such systems be compatible with each other, Franchisee expressly agrees that it shall strictly comply with Del Taco's standards and specifications for all item(s) associated with Franchisee's Technology System, and will otherwise operate its Technology System in accordance with Del Taco's standards and specifications. To ensure full operational efficiency and optimum communication capability between and among equipment and computer systems installed by Franchisee, Del Taco, and other franchisees, Franchisee agrees, at its expense, that Franchisee shall keep its Technology System in good maintenance and repair, and, at its expense, and following the determination that Del Taco shall have the right to make, to the effect that same will prove economically or otherwise beneficial to all System franchisees, that Franchisee shall promptly install such additions, changes, modifications, substitutions and/or replacement to Franchisee's computer hardware, software, telephone and power lines, and other related facilities, as Del Taco directs periodically in writing. Franchisee shall provide to Del Taco, upon Del Taco's request, all e mail lists and customer lists used or maintained by Franchisee on the Technology System or elsewhere.
- 5.15.2 Del Taco has the right, but not the obligation, to develop or have developed for it, or to designate, any or all of the following: (a) computer software programs and accounting system software that Franchisee must use in connection with the Technology System ("Required Software"), which Franchisee must install; (b) updates, supplements, modifications, or enhancements to the Required Software, which Franchisee must install; (c) the tangible media upon which such Franchisee must record or receive data; (d) the database file structure of Franchisee's Technology System; (e) an Extranet for
informational assistance, which may include the Manuals, training other assistance materials, and management reporting solutions;
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, Del Taco has the right to retrieve and use data and information from the franchisee's Technology System that Del Taco deems necessary or desirable. This includes all data provided by the franchisee in any form, including data uploaded to Del Taco's computer system from the Franchisee's Technology System, and/or downloaded from the Franchisee's Technology System to Del Taco's computer system. This data is owned exclusively by Del Taco. This includes Customer Data, customer lists, and e-mail lists. Del Taco has the right to use such data in any manner that Del Taco deems appropriate without compensation to the franchisee.
Del Taco also owns all other data created or collected by the franchisee in connection with the System or the operation of the business, including consumer and transaction data, during the term of the agreement and following its termination or expiration. Copies or originals of such data must be provided to Del Taco upon request. Del Taco licenses the use of such data back to the franchisee at no additional cost, but only for the term of the agreement and solely for use in connection with the franchised business.
Del Taco may use all such information, data, and reports in any manner, including providing financial and operating reports to franchisees and operators, preparing franchise disclosure documents, providing information to prospective franchisees, and complying with government regulations. Franchisees must also provide Del Taco, upon request, all e-mail lists and customer lists used or maintained on the Technology System or elsewhere.