In the context of the Even Hotels agreement, what is the definition of 'IHG Personal Data'?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
"Guest Data" means Personal Data of Hotel guests and other Hotel customers, including their reservations, purchases, preferences, and related information. Guest Data may be IHG Personal Data, Licensee Personal Data, or both.
"IHG Marketing Data" means Personal Data in respect of any member of IHG's or its Affiliates' marketing or loyalty rewards program.
"IHG Personal Data" means IHG Marketing Data and any Personal Data, including Guest Data, collected by IHG or transmitted to IHG from Licensee, including (i) any Personal Data collected through any reservation channels operated by or at the direction of IHG or its Affiliates, and (ii) any data that Licensee transfers to IHG's guest reservations system or other centrally managed IHG systems. For the avoidance of doubt, certain data may be both IHG Personal Data and Licensee Personal Data.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, 'IHG Personal Data' is defined as IHG Marketing Data and any Personal Data, including Guest Data, collected by IHG or transmitted to IHG from the Licensee. This includes Personal Data collected through reservation channels operated by or at the direction of IHG or its Affiliates, and any data that the Licensee transfers to IHG's guest reservations system or other centrally managed IHG systems. The definition clarifies that certain data may be both IHG Personal Data and Licensee Personal Data. IHG has the right to use and transfer such data on a worldwide basis during and after the License Term.
For a prospective Even Hotels franchisee, this means that any guest data collected through IHG's systems or provided to IHG becomes IHG's property, which they can use for various purposes. However, the franchisee also has a non-exclusive license to use guest data stored in the hotel's property management system for operating the hotel, subject to certain restrictions. The franchisee cannot sell or transfer IHG Personal Data, combine it with data from other hotel brands, or use it for marketing purposes.
With respect to IHG Marketing Data, the franchisee acts as IHG's processor and is prohibited from selling or sharing it, processing it for purposes other than those expressly permitted by IHG, including any commercial purposes, or outside of the franchisee's direct business relationship with IHG, or combining it with Personal Data the franchisee receives from others or collects from its own interactions with consumers. The franchisee may not engage any subprocessors to process IHG Marketing Data. 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.
It is important for a franchisee to understand these data usage terms to ensure compliance with data privacy laws and the franchise agreement. The franchisee must 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. The franchisee must also report to IHG immediately the theft or loss of Personal Data or Guest Data.