Does PAR disclosing data to Dq Treat, its subsidiaries, and affiliates constitute a breach of confidentiality or any other obligation under any agreement between the Participating Location and PAR?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- ii. In addition, notwithstanding anything to the contrary in any agreement between Participating Location and PAR, Participating Location acknowledges that the disclosures and transmissions to Dairy Queen, its subsidiaries and affiliates authorized in the previous paragraph shall not constitute a breach of the confidentiality obligation, or any other obligation (whether express or implied) of PAR under any such agreement, whether such agreement was entered into before, on or after the Effective Date of this Participation Agreement. PAR may rely on this authorization in making such disclosures and transmissions to Dairy Queen, its subsidiaries and affiliates.
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 the 2025 Dq Treat Franchise Disclosure Document, the disclosure and transmission of data by PAR to Dairy Queen, its subsidiaries, and affiliates, as authorized by the Participating Location, does not constitute a breach of confidentiality or any other obligation of PAR under any agreement. This applies regardless of when the agreement between the Participating Location and PAR was established.
Specifically, Dq Treat franchisees authorize PAR to disclose and transmit data collected from point of sale (POS) systems to Dairy Queen, its subsidiaries, and affiliates. This includes sales, labor, inventory, product mix, and data compiled or derived from such data. However, this authorization does not extend to personally identifiable information about the franchisee's employees, customers, representatives, agents, suppliers, or vendors.
This authorization protects PAR from liability for sharing the specified data with Dq Treat and its related entities, ensuring that franchisees acknowledge and agree to this data sharing arrangement as part of their agreement with PAR. This clause clarifies that such disclosures are permitted and do not violate any confidentiality obligations PAR may have.