Under what circumstances is a Dq Treat Participating Location NOT considered to be in violation of confidentiality provisions regarding PARPay Data?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
PAR will protect and keep confidential Participating Location PARPay Data. Participating Location acknowledges that no violation of the provisions of this paragraph shall result from the allowing of access to or copying of Participating Location PARPay Data, or any part thereof, to Participating Location's payment provider or in compliance with an order or subpoena from any court or governmental or law enforcement agency. Participating Location agrees to permit only Participating Location's duly registered Authorized Users to use the PARPay Services, or to view any related materials. Except as otherwise provided in these PARPay Terms, Participating Location shall not sell, transfer, publish, disclose, display, or otherwise make available any portion of the PARPay Services or the Device Software to others. Participating Location agrees to provide reasonable cooperation to PAR and reasonable assistance to PAR in identifying and preventing any unauthorized use, copying, or disclosure of the PARPay Services, and/or the Device Software, in whole or in part. The foregoing confidentiality obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on the other party's information or approved for release by the other party without restriction.
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 FDD, a Participating Location will not be considered in violation of confidentiality provisions regarding PARPay Data under specific circumstances. These circumstances include allowing access to or copying of Participating Location PARPay Data to the location's payment provider. Additionally, compliance with an order or subpoena from any court or governmental or law enforcement agency also constitutes an exception to the confidentiality provisions.
Furthermore, the confidentiality obligations do not apply to information that is generally available to the public. This means if the information is already accessible to anyone, sharing it does not breach confidentiality. Similarly, information that is independently developed or obtained without relying on the other party's information is also exempt. Finally, if the other party approves the release of information without restriction, it is not subject to confidentiality obligations.
In practical terms, this means a Dq Treat franchisee can share PARPay data with their payment processor without violating the agreement. They must also comply with legal orders to disclose data. However, franchisees must still protect PARPay data from unauthorized disclosure in all other situations to maintain confidentiality as required by the franchise agreement.