Is Guest Profile Data considered Confidential Information for Camp Margaritaville franchisees?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
(i) Ownership and Use. All Guest Profile Data is and shall remain the property of Franchisor (and its Affiliates) and shall at all times be Confidential Information. Franchisee must obtain from Resort guests, prospective guests and third parties all consents and authorizations, and provide guests with all disclosures required by Applicable Law and necessary to transmit Guest Profile Data to Franchisor or its Affiliates, and for Franchisor and its Affiliates to use that Guest Profile Data, in the manner contemplated by this Agreement and Franchisor's then-current privacy notice. Franchisee shall provide Franchisor with access to all Guest Profile Data in Franchisee's possession or control through an automated process, in the format and manner specified by Franchisor, and Franchisor shall have the right to access the Resort's property management system ("PMS") and other computer systems upon
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, Guest Profile Data is considered Confidential Information. All Guest Profile Data remains the property of the franchisor, Margaritaville (and its Affiliates). Franchisees must obtain all necessary consents and authorizations from resort guests, prospective guests, and third parties, and provide guests with all disclosures required by Applicable Law. This ensures the legal and proper transmission of Guest Profile Data to Margaritaville or its Affiliates, allowing them to use the data as intended under the agreement and Margaritaville's privacy notice.
Camp Margaritaville franchisees are obligated to provide the franchisor with access to all Guest Profile Data in their possession or control through an automated process, following the format and manner specified by Margaritaville. The franchisor retains the right to access the Resort's property management system (PMS) and other computer systems upon request. This access enables Margaritaville to monitor and utilize the Guest Profile Data for various purposes, including marketing, customer service, and data analysis.
Camp Margaritaville franchisees must also implement and maintain reasonable security measures to protect Guest Profile Data and Confidential Information from unauthorized access, use, or disclosure. This includes encrypting all Guest Profile Data during storage and transmission, limiting access to personnel with a reasonable need for the information, and ensuring the proper and lawful storage, transmission, and disposal of the data. Franchisees are required to notify Margaritaville of any complaints related to the processing of Guest Profile Data, including allegations of infringement on an individual's rights, and cooperate with the franchisor in responding to such complaints.