What is the definition of 'circumvented' in the context of the Acumera-provided firewall for Dq Treat?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
Managed Firewall/SD-WAN Exclusions In no event shall Acumera have any liability to Participating Location for any data breach that occurs:
during any period in which the Acumera-provided or Acumera-approved firewall or SD-WAN device
has yet to be initially connected or is disconnected or has been circumvented;
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
The 2025 Dq Treat FDD outlines specific exclusions regarding Acumera's liability for data breaches when the Acumera-provided or Acumera-approved firewall or SD-WAN device has been 'circumvented.' However, the document does not explicitly define what 'circumvented' means in this context.
Without a clear definition, it is difficult to determine the specific actions or circumstances that would constitute a circumvention of the firewall. This ambiguity could create uncertainty for franchisees regarding their responsibilities in maintaining the security of the system and avoiding liability for data breaches.
To fully understand the scope of this exclusion, a prospective Dq Treat franchisee should seek clarification from the franchisor regarding the definition of 'circumvented.' Specifically, they should inquire about what actions or omissions on their part or on the part of their employees would be considered a circumvention of the firewall, leading to the exclusion of Acumera's liability in the event of a data breach.