What information are Atwell Suites franchisees required to provide to Servicers to facilitate compliance with Applicable Law?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
ing Data, Licensee will act as IHG's processor and is prohibited from (x) "selling" or "sharing" it (as defined by Data Privacy Laws), (y) processing it for any purposes other than as expressly permitted by IHG, including any commercial purposes, or outside of
Licensee's direct business relationship with IHG, or (z) combining it with Personal Data Licensee receives from others or that its collects from its own interactions with consumers. Licensee may not engage any subprocessors to process IHG Marketing Data.
- (4) Operating Data and Guest Data. "Operating Data" includes all information concerning Gross Rooms Revenue and Gross Revenue, other revenues generated at the Hotel, occupancy rates, reservation data and other information required by IHG that may be useful (in IHG's sole business judgment) in connection with marketing, reservations, guest loyalty and satisfaction and other functions, purposes or requirements of IHG and its Affiliates. Operating Data and Guest Data may be used by IHG for its reasonable purposes, including without limitation for company and industry reporting purposes. Licensee agrees that any Operating Data and any Guest Data provided by it pursuant to this License, as well as any other reports, data, information or material provided to IHG pursuant to or in connection with this License, shall be true and correct and not misleading and shall comply with all Standards, policies and requirements of IHG with respect to privacy and security of Operating Data and Guest Data of the Hotel. Licensee acknowledges and agrees that IHG may retrieve Operating Data, Guest Data, and Licensee Personal Data directly through the reservations system, via electronic transmission or automatic capture.
- (5) Data Privacy Laws. Licensee will: (i) comply with all applicable Data Privacy Laws; (ii) comply with all of IHG's requirements regarding data protection contained in the Standards or otherwise; (iii) refrain from any action or inaction that could cause IHG or its Affiliates to breach any of the Data Protection Laws; (iv) do and execute, or arrange to be done and executed, each act, document and thing necessary or desirable to keep IHG in compliance with any of the Data Protection Laws; (v) reimburse IHG for any and all costs incurred in connection with the breach by Licensee of such Data Privacy Laws or Brand Standards; (vi) immediately report to IHG the theft or loss of Personal Data or Guest Data; and (vii) permit IHG and its Affiliates to use any data or other information each of them gathers concerning Licensee, its Affiliates and/or the Hotel in connection with the establishment and operation of Brand System Hotels by IHG and its Affiliates. Licensee will implement commercially reasonable physical, administrative, and technical security controls for its processing of IHG Personal Data that are appropriate to the context and the risk of the Personal Data being processed.
B. Preparation and Maintenance of Records.
Licensee will, in a manner and form satisfactory to IHG and utilizing accounting and reporting standards as reasonably required by IHG, prepare on a current basis (and preserve for no less than four years or IHG's record retention requirements, whichever is longer), complete and accurate records concerning Gross Suites Revenue and all financial, operating, marketing and other aspects of the Hotel. Licensee will maintain an accounting system which fully and accurately reflects all financial aspects of the Hotel and its business.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites' 2025 Franchise Disclosure Document, franchisees must provide specific data to comply with applicable laws. This includes Operating Data, encompassing details like Gross Rooms Revenue, Gross Revenue, other hotel revenues, occupancy rates, and reservation data. Franchisees must also provide Guest Data, which IHG uses for marketing, reservations, guest loyalty, and satisfaction purposes. IHG specifies that this data is useful in its sole business judgment for various functions related to IHG and its affiliates.
Atwell Suites franchisees must ensure that all Operating Data and Guest Data provided is accurate, not misleading, and complies with IHG's standards, policies, and requirements for data privacy and security. IHG has the right to directly access Operating Data, Guest Data, and Licensee Personal Data through the reservation system or via electronic transmission. This highlights the importance of maintaining accurate records and secure data transmission methods.
Furthermore, franchisees are obligated to comply with all applicable Data Privacy Laws and IHG's data protection requirements outlined in the Standards. They must avoid any actions that could cause IHG or its affiliates to breach these Data Protection Laws. Franchisees are also required to take necessary actions to ensure IHG remains compliant with these laws and must reimburse IHG for any costs incurred due to the franchisee's breach of Data Privacy Laws or Brand Standards. The franchisee must also report any theft or loss of Personal Data or Guest Data immediately to IHG.
In addition to these requirements, Atwell Suites franchisees must implement commercially reasonable physical, administrative, and technical security controls for processing IHG Personal Data, appropriate to the context and risk involved. Franchisees must also adhere to all applicable laws, including Data Privacy Laws, contractual obligations, and credit card processing industry requirements like PCI DSS. They must also comply with all IHG policies, requirements, and requests concerning access to any Curated Solution, network connectivity, and transmission of data and reports to IHG and its Affiliates. This multifaceted approach ensures data protection and regulatory compliance across all operations.