What data is considered 'Licensee Personal Data' for an Atwell Suites franchise, as defined in the FDD?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
"Excluded Personal Data" means any sensitive Personal Data (as defined by applicable Data Privacy Laws), government-assigned identifiers, health and/or medical data, and vehicle/parking data.
"Guest Data" means Personal Data of Hotel guests and other Hotel customers, including their reservations, purchases, preferences, and related information. Guest Data may be IHG Personal Data, Licensee Personal Data, or both.
"IHG Marketing Data" means Personal Data in respect of any member of IHG's or its Affiliates' marketing or loyalty rewards program.
"IHG Personal Data" means IHG Marketing Data and any Personal Data, including Guest Data, collected by IHG or transmitted to IHG from Licensee, including (i) any Personal Data collected through any reservation channels operated by or at the direction of IHG or its Affiliates, and (ii) any data that Licensee transfers to IHG's guest reservations system or other centrally managed IHG systems. For the avoidance of doubt, certain data may be both IHG Personal Data and Licensee Personal Data.
"Licensee Personal Data" means any Personal Data (excluding any IHG Marketing Data) that is held and processed locally at the Hotel by Licensee for which Licensee is an independent controller, Licensee employee Personal Data for which Licensee is the sole controller, and Excluded Personal Data for which Licensee is the sole controller, including (i) data contained in the Hotel's property management system and (ii) Personal Data relating to Hotel employees. For the avoidance of any doubt, Licensee Personal Data does not include IHG Marketing Data.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, 'Licensee Personal Data' encompasses specific types of information handled by the franchisee. It includes any personal data, excluding IHG Marketing Data, that the franchisee holds and processes locally at the hotel, acting as an independent controller. This also extends to Atwell Suites franchisee employee personal data for which the franchisee is the sole controller.
Specifically, 'Licensee Personal Data' includes data contained within the hotel's property management system. It also covers personal data related to hotel employees. However, it explicitly excludes 'IHG Marketing Data,' which refers to personal data related to members of IHG's or its affiliates' marketing or loyalty rewards programs. Also excluded is any sensitive personal data, government-assigned identifiers, health and/or medical data, and vehicle/parking data, which is categorized as 'Excluded Personal Data'.
For a prospective Atwell Suites franchisee, understanding this definition is crucial because it clarifies the scope of data they independently control and are responsible for protecting under applicable Data Privacy Laws. The franchisee has a non-exclusive, worldwide, perpetual and royalty-free license to use the Licensee Personal Data. This distinction is important for compliance, data security, and understanding the obligations and rights associated with handling different categories of personal data within the Atwell Suites franchise system.