To whom is disclosure of confidential information permitted under the Crowne Plaza agreement?
Crowne_Plaza Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.3 Permitted Use and Disclosure of Confidential Information. Recipient may disclose the Discloser's Confidential Information: (a) to Third Parties on a need to know basis as it reasonably deems appropriate to analyze, provide, support, improve, receive, or use the Services; (b) to its auditors and attorneys (internal and external) and regulators; (c) as required or permitted by law, regulation, or court order; or (d) to its respective Affiliates as it deems appropriate.
In addition, we may disclose your Confidential Information: (x) as permitted under Section 2.6, Section 10.6, or elsewhere in the Agreement; (y) in connection with any customer service and support, whether provided by us or Third Parties, related to your Merchant Account; and (z) to any Card Organizations, which may use and share such information in any lawful manner and for any lawful purpose.
9.4 Use and Disclosure Exceptions. The obligations set forth in Section 9.2 do not apply to information that: (a) enters the public domain through no fault of the Recipient; (b) was received from a Third Party free of any obligation of confidence and which Third Party, to Recipient's knowledge, was not under an obligation to keep the information confidential; (c) was already in Recipient's possession prior to receipt from Discloser; (d) is required to be disclosed by law, regulation, or court order after giving Discloser as much advance notice as practical of the possibility of disclosure; or (e) is independently developed by Recipient without use of or reference to Discloser's Confidential Information.
9.6 Cardholder Data and Transaction Data. You must not use, disclose, store, sell, or disseminate any Cardholder data except: (a) to authorize, complete, and settle Card transactions; (b) to resolve Chargebacks; (c) to respond to requests for documentation related to Card transactions (such as a copy of a Sales Draft or other transaction source documents); or (d) as both required by valid court order, government agency order, or subpoena and compliant with Card Organization Rules.
Source: Item 23 — Receipts (FDD pages 100–424)
What This Means (2025 FDD)
According to the 2025 Crowne Plaza FDD, a recipient of confidential information from the disclosing party may disclose it under certain circumstances. Specifically, the recipient may disclose confidential information to third parties on a need-to-know basis, as deemed appropriate to analyze, provide, support, improve, receive, or use the services related to the Crowne Plaza franchise. This allows for necessary collaboration with external entities that contribute to the franchise's operations.
Additionally, Crowne Plaza permits disclosure of confidential information to its auditors, attorneys (both internal and external), and regulators. This ensures compliance with legal and regulatory requirements and facilitates necessary audits and legal counsel. Disclosure is also allowed as required or permitted by law, regulation, or court order, ensuring that the franchisee remains compliant with legal obligations. Furthermore, confidential information may be shared with the recipient's respective affiliates as deemed appropriate, enabling efficient operation and management within the franchise network.
Moreover, Crowne Plaza may disclose confidential information in connection with customer service and support, whether provided directly by them or by third parties, related to the merchant account. This ensures that customers receive the necessary support and services. Card organizations may also receive confidential information, which they can use and share in any lawful manner and for any lawful purpose. However, franchisees must not use, disclose, store, sell, or disseminate any cardholder data except to authorize, complete, and settle card transactions, resolve chargebacks, respond to requests for documentation, or as required by valid court order, government agency order, subpoena, and compliant with card organization rules.
These permitted disclosures are subject to certain exceptions. The obligations to protect confidential information do not apply if the information enters the public domain through no fault of the recipient, was received from a third party without any obligation of confidence, was already in the recipient's possession prior to receipt from the disclosing party, is required to be disclosed by law, regulation, or court order after giving the disclosing party advance notice, or is independently developed by the recipient without using or referencing the disclosing party's confidential information. These exceptions provide clarity and flexibility in managing confidential information while protecting the legitimate interests of all parties involved.