In the context of the Even Hotels agreement, what is the meaning of 'PMS Personal Data'?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
1.2.8. "PMS Personal Data" means that Personal Data in the PMS Data that is processed by the PMS Solution.
1.2.7. "Personal Data" means any personal data, personal information, or personally identifying information (as such terms are defined in the applicable Privacy Laws), processed pursuant to or in connection with this Agreement.
"PMS Data" means any data or information (including any Personal Data) that is processed by the PMS Solution or that is otherwise submitted or stored by or on behalf of the Hotel in the PMS Solution, including (a) Personal Data regarding Hotel guests and other customers, (b) preferences of Hotel guests or potential Hotel guests, (c) information and data relating to Hotel operations, such as occupancy rates, room revenue, reservation data, and guest satisfaction, and (d) data arising from usage of HotelKey modules (e.g., RetailKey, EventKey) that interface or are integrated with the core HotelKey property management system.
"PMS Solution" means the cloud-based property management system solution enabled and provided by HotelKey under the terms and conditions of this Agreement for Hotel and other IHG-branded hotels to perform property management and related activities integrated with IHG systems. The PMS Solution includes the TrainKey training module.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, 'PMS Personal Data' refers to Personal Data within the PMS Data that is processed by the PMS Solution. 'Personal Data' is defined as any personal data, personal information, or personally identifying information as defined by applicable Privacy Laws, processed in connection with the agreement. 'PMS Data' includes any data or information (including any Personal Data) processed by the PMS Solution or submitted/stored on behalf of the hotel in the PMS Solution. This includes Personal Data regarding hotel guests and other customers, preferences of hotel guests, information relating to hotel operations (occupancy rates, room revenue, reservation data, guest satisfaction), and data arising from usage of HotelKey modules that interface with the HotelKey property management system. The 'PMS Solution' is the cloud-based property management system provided by HotelKey for IHG-branded hotels.
For a prospective Even Hotels franchisee, understanding the scope of 'PMS Personal Data' is crucial because it defines the type of information they will be handling and processing through the PMS Solution. This includes not only basic guest information but also potentially sensitive data related to preferences and operational metrics. The franchisee must ensure that they handle this data in compliance with all applicable Privacy Laws, as outlined in Attachment 2 of the agreement.
The Even Hotels franchisee should also note the distinction between 'PMS Personal Data,' 'Excluded Personal Data,' 'Hotel Personal Data,' and 'IHG Personal Data,' as these categories determine who acts as the Controller (i.e., who determines the purposes and means of processing the data). The hotel is an independent Controller of the Hotel Personal Data and sole Controller of the Excluded Personal Data, while IHG is an independent Controller of the PMS Personal Data (excluding the Excluded Personal Data) and sole controller of the IHG Marketing Data. This division of responsibility means the franchisee must understand their obligations for data they control versus data controlled by IHG.
HotelKey acts as the Processor of Hotel where it is processing the PMS Personal Data to provide Hotel with the PMS Solution and Subprocessor of Hotel with respect to IHG Marketing Data. The franchisee must also ensure that all Designated Users are trained on the PMS Solution, enter information accurately, and comply with all applicable Privacy Laws and the policies of HotelKey and IHG. This includes implementing industry-standard security measures to protect the PMS Data and prevent unauthorized access.