Is a Del Taco franchisee allowed to sell Personal Information for monetary consideration?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
5.17.6 Franchisee further agrees and certifies that it will not:
5.17.6.1 Sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, Personal Information to another business, person, or a third party for monetary or other valuable consideration.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from selling personal information for monetary consideration. The FDD outlines strict regulations regarding the handling of personal information, defining it as any data received from Del Taco or collected on their behalf that can identify an individual or household. This includes data defined by privacy laws as "personal data," "personal information," or similar terms.
Del Taco franchisees must adhere to all applicable privacy laws and regulations concerning the processing, security, and protection of consumer, employee, and transactional data. They are also required to comply with Del Taco's standards and policies related to these privacy laws. Franchisees cannot publish or revise any policies related to personal information processing without prior written consent from Del Taco.
Del Taco retains sole ownership and control over personal information, with franchisees acting as service providers or processors for such data. Franchisees are obligated to process personal information only for the limited purposes of providing services requested by Del Taco, such as operating the restaurant. They must also ensure that any service providers or vendors receiving personal information agree to similar protective provisions and comply with all privacy laws.
Furthermore, franchisees must immediately notify Del Taco of any suspected data breaches and cooperate in addressing them. Del Taco reserves the right to audit a franchisee's compliance with data processing and security obligations. These comprehensive measures underscore Del Taco's commitment to protecting personal information and maintaining data privacy standards across its franchise network.