In the context of the Atwell Suites agreement, what constitutes 'IHG Marketing Data'?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
2.1. The Parties acknowledge and agree that Hotel is an independent Controller of the Hotel Personal Data and sole Controller of the Excluded Personal Data. IHG is an independent Controller of the
- IHG Personal Data to the fullest extent permitted by the Privacy Laws; IHG is the sole Controller of the IHG Marketing Data. IHG and Hotel will be responsible for its compliance with the Privacy Laws with respect to its Personal Data.
- 2.2. If IHG or Hotel receives a request from an individual or authorized representative relating to the processing of Personal Data by another Party, the recipient will direct the individual/representative to submit their request directly to the respective Controller.
- 2.3. HotelKey is the Processor of Hotel where it is processing the PMS Personal Data to provide Hotel with the PMS Solution and Subprocessor of Hotel with respect to IHG Marketing Data.
- 2.4. IHG may provide certain additional services to Hotel in relation to the PMS. To the extent such services involve processing of Personal Data, IHG shall Process such Personal Data as Processor of Hotel under the terms of the relevant Hotel Franchise Agreement or Hotel Management Agreement or any additional terms agreed between IHG and Hotel.
- 2.5. HotelKey may act as Processor for IHG. The relationship between HotelKey and IHG is as set out in a separate agreement between HotelKey and IHG.
3.0 Processor
- 3.1.
The provisions in this Section 3.0 apply to HotelKey as the Processor of the Hotel Personal Data and, where applicable, Subprocessor for the Hotel of the IHG Marketing Data to the extent this is included in the PMS Solution.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, IHG (InterContinental Hotels Group) is considered the sole controller of IHG Marketing Data. The FDD also states that HotelKey acts as a processor of Hotel Personal Data and, where applicable, a subprocessor for the Hotel of the IHG Marketing Data, to the extent that it is included in the PMS (Property Management System) Solution.
In practical terms, this means that Atwell Suites franchisees must understand that IHG has ultimate authority over how marketing data is used. Franchisees must comply with privacy laws and IHG's data protection requirements.
Furthermore, the franchisee must allow IHG and its affiliates to use any data collected concerning the franchisee, its affiliates, and/or the hotel in connection with the establishment and operation of Brand System Hotels. The franchisee also cannot use subprocessors to handle IHG Marketing Data. This division of control and responsibility is typical in franchising, where the franchisor manages brand-wide marketing efforts while franchisees contribute data and adhere to brand standards.