What are examples of 'services not directly related to processing POS transactions' that could trigger the liability exclusion for Dq Treat?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- k. when Participating Location requests that the isolated network segment containing POS data traffic is granted access to any system or service not directly related to processing POS transactions.
However, this exclusion will not apply unless Participating Location received a Configuration Exception from Dairy Queen;
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)
According to Dq Treat's 2025 Franchise Disclosure Document, Acumera's liability to a Participating Location can be excluded under specific circumstances related to network security and data breaches. One such circumstance arises when the isolated network segment containing POS (Point of Sale) data traffic is granted access to any system or service not directly related to processing POS transactions. This exclusion, however, is conditional and does not apply unless the Participating Location has received a Configuration Exception from Dairy Queen.
In practical terms, this means that if a Dq Treat franchisee connects their POS system's network to other systems or services that are not essential for processing transactions (e.g., connecting it to an employee's personal computer for general internet access), and a data breach occurs as a result, Acumera may not be held liable. This is a significant risk for franchisees, as it places the onus on them to ensure strict network segmentation and security protocols are followed. The franchisee must obtain a Configuration Exception from Dairy Queen to avoid this exclusion.
This clause highlights the importance of adhering to PCI-DSS (Payment Card Industry Data Security Standard) recommendations and maintaining a secure network environment. Franchisees should carefully consider the implications of connecting their POS systems to other networks or services and consult with both Acumera and Dairy Queen to ensure they are in compliance with all security requirements. Failure to do so could result in significant financial losses in the event of a data breach, as the franchisee may not be able to recover damages from Acumera. Dq Treat franchisees should seek clarification from the franchisor regarding what constitutes a 'service not directly related to processing POS transactions'.