Does the section on Personal Information survive the termination of the Del Taco franchise agreement?

According to Del Taco's 2025 Franchise Disclosure Document, the obligations regarding the processing of personal information as outlined in Section 5.17 of the franchise agreement survive the expiration or termination of the agreement. This means that even after the franchise agreement ends, the franchisee must continue to adhere to the stipulations regarding the handling, use, and protection of personal information that was collected during the term of the agreement. This survival clause extends not only to the main franchise agreement but also to any other agreements that may exist between the franchisee and Del Taco or its affiliates.

This provision ensures that Del Taco maintains control over how personal information is managed, even after a franchise relationship concludes. It prevents franchisees from using customer data or other personal information in ways that could harm the brand or violate privacy laws. The franchisee's responsibilities include abiding by all applicable privacy laws, adhering to Del Taco's standards and policies, and obtaining necessary consents for data transmission.

For a prospective Del Taco franchisee, this means understanding that the responsibility for protecting personal information extends beyond the active term of the franchise. Franchisees must implement and maintain systems and practices that comply with these requirements, even after they are no longer operating a Del Taco restaurant. This ongoing obligation is a critical aspect of the franchise agreement and must be carefully considered.