What is the definition of 'Privacy Laws' as it pertains to the Even Hotels franchise agreement?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
2.0 Role of the Parties
2.1. The Parties acknowledge and agree that Hotel is an independent Controller of the Hotel Personal Data and sole Controller of the Excluded Personal Data. IHG is an independent Controller of the
- IHG Personal Data to the fullest extent permitted by the Privacy Laws; IHG is the sole Controller of the IHG Marketing Data. IHG and Hotel will be responsible for its compliance with the Privacy Laws with respect to its Personal Data.
- 2.2. If IHG or Hotel receives a request from an individual or authorized representative relating to the processing of Personal Data by another Party, the recipient will direct the individual/representative to submit their request directly to the respective Controller.
- 2.3. HotelKey is 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.
- 2.4. IHG may provide certain additional services to Hotel in relation to the PMS. To the extent such services involve processing of Personal Data, IHG shall Process such Personal Data as Processor of Hotel under the terms of the relevant Hotel Franchise Agreement or Hotel Management Agreement or any additional terms agreed between IHG and Hotel.
- 2.5. HotelKey may act as Processor for IHG. The relationship between HotelKey and IHG is as set out in a separate agreement between HotelKey and IHG.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, 'Privacy Laws' dictate how Hotel Personal Data and Excluded Personal Data are handled. The Even Hotels franchise agreement specifies that the hotel is an independent controller of this data, while IHG (InterContinental Hotels Group) independently controls IHG Personal Data and is the sole controller of IHG Marketing Data. Both IHG and the hotel are responsible for complying with Privacy Laws regarding their respective personal data.
If either IHG or the Even Hotels franchisee receives a request from an individual about data processing by the other party, they are obligated to direct the request to the appropriate controller. This ensures that data requests are handled by the party directly responsible for the data in question. HotelKey is identified as the processor of Hotel Personal Data, particularly when processing PMS (Property Management System) data to provide the PMS solution, and acts as a subprocessor for the hotel concerning IHG Marketing Data.
IHG may offer additional services related to the PMS, and if these services involve processing personal data, IHG will act as a processor for the Even Hotels franchisee under the terms of the franchise agreement or any additional terms agreed upon. The relationship between HotelKey and IHG is governed by a separate agreement. These provisions ensure that all parties involved understand their roles and responsibilities in handling personal data, maintaining compliance with privacy regulations, and protecting the data rights of individuals.