Is the data provided by Even Hotels to FreedomPay considered confidential information?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Hotel Data, constitutes Confidential Information of Hotel, may only be used, stored, or copied by FreedomPay (a) for assisting in completing a card transaction, (b) for fraud control services, (c) as otherwise permitted by Hotel, (d) as otherwise permitted by IHG, or (e) to perform FreedomPay's obligations under this Participation Agreement.
When reporting its total count of transactions processed for all customers FreedomPay may include in such total the transactions processed under this Participation Agreement as long as the data so included is limited to Hotel Aggregated Data..
Hotel hereby further authorizes FreedomPay's use of Hotel Aggregated Data to improve the Solution and as expressly provided in this Participation Agreement. "Hotel Aggregated Data" means data collected or generated by FreedomPay as a result of FreedomPay providing Services that meets each of the following requirements: (a) Hotel's transactions cannot be identified or associated with Hotel directly or indirectly; (b) no personally identifiable data is included; and (c) no individual can be identified, contacted, or marketed to, directly or indirectly, from such data.
Return of Hotel Data; License to Use Hotel Data.
Upon termination, Hotel may request, but subject to PCI DSS rules and all applicable laws (including statutes of limitation), and FreedomPay shall: (a) promptly provide to Hotel, in the format and on the media reasonably requested by Hotel, a copy of all or any part of the Hotel Data; (b) promptly return to Hotel, in the format and on the media reasonably requested by Hotel, all or any part of the Hotel Data that has exceeded established retention policies; and (c) erase or destroy all or any part of the Hotel Data in FreedomPay's or FreedomPay agents' possession that has exceeded established retention policies, and certify in writing to the Hotel that it and each of its Affiliates has performed the foregoing, in each case to the extent so requested by Hotel.
Any archival tapes containing Hotel Data shall be used by Supplier and Supplier Agents solely for back-up purposes.
Hotel hereby grants FreedomPay a perpetual, nonexclusive license to store, copy and use Hotel Data to the extent necessary to perform its obligations under this Participation Agreement and comply with applicable law and to use and disclose Hotel Aggregated Data for FreedomPay's business purposes.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, the data provided by the hotel to FreedomPay is considered confidential information. This "Hotel Data" can only be used, stored, or copied by FreedomPay for specific purposes such as completing card transactions, fraud control, or as permitted by the hotel or IHG (InterContinental Hotels Group). FreedomPay can also use the data to fulfill its obligations under the Participation Agreement. This indicates that Even Hotels places a high level of importance on maintaining the confidentiality of its data when shared with third-party service providers like FreedomPay.
FreedomPay is allowed to include transactions processed under the agreement in its total transaction count for all customers, but only if the data included is limited to Hotel Aggregated Data. Hotel Aggregated Data is defined as data collected or generated by FreedomPay that meets specific requirements: the hotel's transactions cannot be directly or indirectly identified or associated with the hotel, no personally identifiable data is included, and no individual can be identified, contacted, or marketed to from the data. This ensures that while FreedomPay can use aggregated data for its reporting, it must protect the anonymity and privacy of Even Hotels' specific transaction information.
Upon termination of the agreement, Even Hotels has the right to request a copy of all or any part of the Hotel Data from FreedomPay, subject to PCI DSS rules and applicable laws. FreedomPay is obligated to provide the data in the format requested by the hotel, return any Hotel Data that has exceeded established retention policies, and erase or destroy all Hotel Data in its possession that has exceeded these policies. This highlights Even Hotels' control over its data and the measures in place to ensure its secure return or destruction upon termination of the agreement. FreedomPay also receives a license to use Hotel Data to perform its obligations and to use and disclose Hotel Aggregated Data for its business purposes.