Is Acumera liable for data breaches that industry-standard firewall technology cannot prevent at a Dq Treat location?

According to Dq Treat's 2025 Franchise Disclosure Document, Acumera bears no liability to a participating Dq Treat location for data breaches that occur in a manner that industry-standard firewall technology, employed at the time of the breach, is unable to prevent. This exclusion of liability is specifically outlined in Item 17 of the FDD, which addresses Acumera's responsibilities regarding managed firewalls and SD-WAN.

This means that if a Dq Treat location experiences a data breach, and the breach occurs despite the presence of industry-standard firewall technology, Acumera will not be held responsible for any resulting damages or losses. This is a significant limitation of liability for Acumera, placing the onus on the franchisee to ensure that their systems are protected by the most up-to-date and effective security measures.

However, it is important to note that this exclusion does not apply in all circumstances. Acumera may still be liable for data breaches caused by its own gross negligence, willful misconduct, or failure to comply with the law. Additionally, the franchisee is responsible for the security of cardholder data in their possession and for complying with applicable regulations, including PCI-DSS standards. Dq Treat franchisees should consult with Acumera and Dairy Queen to understand the specific security configurations and policies in place for their location and to ensure they are taking all necessary steps to protect their systems from unauthorized access.