What is a Moes Southwest Grill franchisee required to do if they suspect a security breach?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
In the event of an actual or suspected Data Breach, you grant us and our designees and agents the right, exercisable in our sole and absolute discretion, to conduct an investigation of the incident and to install, run, and maintain any hardware, software, or code on your Computer System or in your computer network necessary or advisable to facilitate the investigation and to contain and remediate the incident, and you agree to cooperate with us and to provide us with any access and information we may reasonably request for those purposes.
Nothing in the preceding sentence shall relieve you of your obligation to comply with applicable laws, regulations, rules, standards or any equivalent thereof concerning an actual or suspected Data Breach.
You are responsible for any costs or financial losses you incur or remedial actions that you must take as a result of an actual or suspected Data Breach.
Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to Moe's Southwest Grill's 2025 Franchise Disclosure Document, if a franchisee suspects a security breach, they must immediately notify Moe's Southwest Grill. The franchisee is also required to promptly identify and fix the source of the security breach at their own expense.
Furthermore, if the incident is considered a "breach of the security of the system" under California Civil Code § 1798.82 or any other data breach notification law, the franchisee must immediately inform Moe's Southwest Grill of all known facts about the incident, which is termed a "Data Breach". While the franchisee is responsible for complying with all data breach notification laws, Moe's Southwest Grill expects to coordinate with the franchisee, especially when notification to individuals is required. This coordination is intended to keep Moe's Southwest Grill aware of issues that may affect the entire system and to provide support to the franchisee where possible.
Moe's Southwest Grill also has the right to conduct its own investigation of any actual or suspected data breach. Franchisees must allow Moe's Southwest Grill and its agents to install and maintain any hardware or software necessary to facilitate the investigation, as well as contain and remediate the incident. Franchisees are required to cooperate and provide any access and information reasonably requested by Moe's Southwest Grill for these purposes. Franchisees are responsible for any costs or financial losses incurred, as well as any remedial actions that must be taken due to an actual or suspected data breach.