What rights does Even Hotels retain regarding the data provided to FreedomPay?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
ectly 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.
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- 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. Hotel further acknowledges and agrees that IHG shall have full access to the transactions and data processed on behalf of Hotel by FreedomPay, including the Hotel Data. Such data and information may include names, services purchased, usage, billings, payment status, payment card data, and other information related to IHG's management of the service relationship with FreedomPay.
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- Right to Suspend Service.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, IHG (InterContinental Hotels Group), the parent company of Even Hotels, retains full access to the transaction and data processed by FreedomPay on behalf of the Even Hotels location. This includes hotel data such as names, services purchased, usage, billing, payment status, payment card data, and other information related to IHG's management of its service relationship with FreedomPay. This access enables IHG to oversee the payment processing activities and ensure they align with their standards and practices.
Furthermore, the Even Hotels franchisee grants FreedomPay a perpetual, nonexclusive license to store, copy, and use hotel data to the extent necessary for FreedomPay to perform its obligations under the Participation Agreement and comply with applicable laws. FreedomPay is also permitted to use and disclose Hotel Aggregated Data for its business purposes. Hotel Aggregated Data is defined as data collected or generated by FreedomPay that does not identify or associate transactions with the hotel directly, includes no personally identifiable data, and cannot be used to identify, contact, or market to individuals.
Upon termination of the agreement, the Even Hotels franchisee can request a copy of all or any part of the Hotel Data, subject to PCI DSS rules and applicable laws, and FreedomPay must provide it in a reasonably requested format. FreedomPay must also return or destroy Hotel Data that has exceeded established retention policies, certifying in writing that they and their affiliates have done so. This ensures that the franchisee has control over their data even after the agreement ends, while also adhering to security and legal requirements. Any archival tapes containing Hotel Data shall be used by Supplier and Supplier Agents solely for back-up purposes.
IHG also reserves the right to suspend services if the Even Hotels franchisee violates any material term of the Participation Agreement. This provision underscores IHG's authority to ensure compliance and maintain the integrity of the payment processing system across all its franchised locations. This comprehensive framework ensures that while FreedomPay handles the payment processing, IHG retains oversight and access to the data, and the franchisee maintains certain rights regarding the use and disposition of their data.