Is the license granted by the Crowne Plaza franchisee to IHG for Licensee Personal Data exclusive?
Crowne_Plaza Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent Licensee transfers Licensee Personal Data or Guest Data to IHG or its Affiliates, such data forms part of the IHG Personal Data and IHG may use such data as permitted by applicable law. Licensee hereby grants to IHG and its Affiliates a non-exclusive, worldwide, perpetual and royalty-free license to use (including the right to sublicense) the Licensee Personal Data (except for the Excluded Personal Data) free of charge, for the purposes of IHG's performance of its obligations under this License, including, without limitation, the right to transfer Licensee Personal Data across national borders and to transfer Licensee Personal Data to third parties. IHG may retain a copy of Licensee Personal Data upon the termination or expiration of this License. Licensee represents, warrants, and covenants that any Licensee Personal Data transferred to IHG or its Affiliates for the purposes of this License has been collected, retained, used, and transmitted in compliance with applicable Data Privacy Laws.
Source: Item 23 — Receipts (FDD pages 100–424)
What This Means (2025 FDD)
According to the 2025 Crowne Plaza Franchise Disclosure Document, the license granted by the franchisee to IHG (InterContinental Hotels Group) for Licensee Personal Data is non-exclusive. Specifically, the franchisee grants IHG and its affiliates a "non-exclusive, worldwide, perpetual and royalty-free license" to use the Licensee Personal Data. This means Crowne Plaza franchisees retain the right to use their own data and can also license it to other parties. IHG's rights to use this data are not exclusive, allowing for shared usage and benefit. The license includes the right to sublicense the Licensee Personal Data. IHG can transfer this data across national borders and to third parties. IHG may also keep a copy of the Licensee Personal Data even after the franchise agreement terminates or expires.
Licensee Personal Data includes data held and processed locally at the hotel for which the franchisee is an independent controller, franchisee employee Personal Data for which the franchisee is the sole controller, and Excluded Personal Data for which the franchisee is the sole controller. This includes data contained in the hotel's property management system and Personal Data relating to hotel employees. IHG Marketing Data is excluded from Licensee Personal Data.
This arrangement allows IHG to utilize franchisee-held data to improve its services and fulfill its obligations under the franchise agreement, while franchisees are not restricted from using or licensing their data to others. However, franchisees must ensure that any Licensee Personal Data transferred to IHG has been collected, retained, used, and transmitted in compliance with applicable Data Privacy Laws.