What is considered a "Data Breach" that a Moes Southwest Grill franchisee must report?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
ng results, or related documentation relating to such compliance or audits. We may charge a reasonable fee for us to review your systems and verify your compliance with these requirements, which will not exceed 110% of our or our affiliates' actual costs and expenses related to such services. If you suspect or know of a security breach, you must immediately give us notice of such security breach and promptly identify and remediate the source of any compromise or security breach at your expense. You assume all responsibility for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the Franchised Business.
- 12.3 Data Breach Notification. If you learn of an incident that may be a "breach of the security of the system" under Cal. Civ. Code § 1798.82 or any other data breach notification Law, you must immediately notify us of the facts that are known about the incident (a "Data Breach"). Although you are responsible for complying with all data breach notification Laws and standards applicable to your organization, we expect that you will coordinate with us regarding such incidents where notification to individuals is required before individuals are notified so that we can be aware of and be prepared to address issues that may affect the System and be in a position to support you where possible.
Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Moe's Southwest Grill Franchise Disclosure Document, a "Data Breach" is defined as an incident that may be a "breach of the security of the system" under Cal. Civ. Code § 1798.82 or any other data breach notification Law. If a Moe's Southwest Grill franchisee learns of such an incident, they must immediately notify the franchisor of the known facts about the incident.
While the franchisee is responsible for complying with all data breach notification laws and standards applicable to their organization, Moe's Southwest Grill expects franchisees to coordinate with them regarding incidents where notification to individuals is required. This coordination should occur before individuals are notified, allowing Moe's Southwest Grill to be aware and prepared to address issues that may affect the entire system and support the franchisee where possible.
In the event of an actual or suspected Data Breach, the franchisee grants Moe's Southwest Grill and its designees the right to conduct an investigation of the incident. This includes installing and maintaining hardware, software, or code on the franchisee's computer system to facilitate the investigation and to contain and remediate the incident. The franchisee is required to cooperate with Moe's Southwest Grill and provide any access and information reasonably requested for these purposes. The franchisee is responsible for any costs or financial losses incurred or remedial actions that must be taken as a result of an actual or suspected Data Breach.