For Even Hotels, what is the definition of 'Privacy Laws' as it pertains to the agreement and data protection?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.2.9. "Privacy Laws" means to the extent applicable (a) the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council ("GDPR") and laws implementing or supplementing the GDPR in each Member State of the European Economic Area from time to time; (b) the GDPR as transposed into United Kingdom national law by operation of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019, together with other data protection or privacy legislation in force from time to time in the United Kingdom; (c) all applicable United States federal or state privacy and data protection laws; (d) the Canada Personal Information Protection and Electronic Documents Act; and (e) any other analogous federal, national, state, provincial, or emirate privacy legislation in force from time to time, including where applicable, statues, regulations, rules, decisions, guidelines, guidance notes and codes of practice issued from time to time by courts, any supervisory authority, and other applicable authorities.
"Privacy Laws" means (a) the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"); (b) Gramm-Leach-Bliley Act of 1999, as amended ("GLB"); (c) all applicable Laws and non-governmental standards protecting Personal Data (including Payment Card Industry Data Security Standard ("PCI-DSS") and Payment Application Data Security Standard ("PA-DSS")) in effect from time to time; (d) all Laws concerning the protection, transport, storage, use and processing of data (including the General Data Protection Regulation ((EU) 2016/679), as amended ("GDPR") and any national implementing Laws, regulations and secondary legislation, as amended from time to time, and any successor legislation to the GDPR in effect from time to time); and (e) all applicable Laws in effect from time to time similar to those Laws listed in subsections (a) through (d) above or otherwise governing the transmission, storage, distribution, sale, or other use of Personal Data.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, "Privacy Laws" are defined differently based on the context within the agreement. Several definitions are provided depending on which attachment or section is referenced.
One definition states that Privacy Laws include (a) the EU General Data Protection Regulation (GDPR) and its implementations within the European Economic Area, (b) the UK's version of GDPR as amended, (c) all applicable United States federal or state privacy and data protection laws, (d) the Canada Personal Information Protection and Electronic Documents Act, and (e) any other analogous federal, national, state, provincial, or emirate privacy legislation. This encompasses a broad range of international and domestic laws related to data protection and privacy.
Another definition specifies that Privacy Laws include (a) the Health Insurance Portability and Accountability Act of 1996 (HIPAA), (b) the Gramm-Leach-Bliley Act of 1999 (GLB), (c) all applicable laws and non-governmental standards protecting Personal Data (including Payment Card Industry Data Security Standard (PCI-DSS) and Payment Application Data Security Standard (PA-DSS)), (d) the General Data Protection Regulation ((EU) 2016/679) and any national implementing Laws, regulations and secondary legislation, as amended from time to time, and any successor legislation to the GDPR in effect from time to time, and (e) all applicable Laws in effect from time to time similar to those Laws listed in subsections (a) through (d) above or otherwise governing the transmission, storage, distribution, sale, or other use of Personal Data. This definition includes laws specific to health information and financial data, in addition to general data protection regulations.
For a prospective Even Hotels franchisee, understanding these definitions is crucial because compliance with Privacy Laws affects how they handle guest data, payment information, and other sensitive personal information. The franchisee must ensure that their data processing activities, including those involving the PMS Solution provided by HotelKey, adhere to these laws to avoid legal repercussions and maintain customer trust. The franchisee should consult Attachment 2 (Privacy and Data Protection Terms) for the specific definition applicable to a given situation.