To whom can a Delta Hotels By Marriott franchisee divulge Confidential Information?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
You may divulge Confidential Information only to your employees or agents who require access to it to operate the hotel or residences, as applicable, only after they are advised that such information is confidential and that they are obligated to maintain its confidentiality. The Confidential Information has commercial value. We and our affiliates have taken reasonable measures to maintain its confidentiality. Accordingly, the Confidential Information is proprietary and a trade secret of ours and our affiliates. Your obligations to maintain the confidentiality of Confidential Information will extend beyond the expiration or termination of the franchise agreement and you will be liable for any breaches of such obligations by your employees and agents.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 107–108)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Delta Hotels By Marriott franchisees can only share Confidential Information with their employees or agents who need access to it to operate the hotel or residences. However, this is only permissible if the employees or agents are advised that the information is confidential and they are obligated to maintain its confidentiality.
This condition ensures that sensitive information about the Delta Hotels By Marriott system, such as operational standards, software, customer lists, and loyalty program details, remains protected. The franchise agreement emphasizes that franchisees are responsible for any breaches of confidentiality by their employees or agents, even after the franchise agreement expires or terminates. This highlights the importance of carefully managing and monitoring access to Confidential Information within the franchisee's organization.
The FDD specifies that Confidential Information can exist in various forms, including documents, computer files, emails, and oral communications. This broad definition means franchisees must implement comprehensive security measures to protect this information across all mediums. The obligation to maintain confidentiality extends beyond the term of the franchise agreement, underscoring the long-term importance of safeguarding Delta Hotels By Marriott's proprietary information.