Under the Even Hotels agreement, what is included in the definition of 'Confidential Information'?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
9 Confidentiality
- 9.1 Definition of Confidential Information. The term "Confidential Information" means all information of a party and its Affiliates that is not publicly available, including any of their strategic business information and capabilities; financial information; business plans and marketing strategies; pricing of the Services; documentation and portals related to Services; information related to information technology systems and processes; technical specifications; designs; processes and procedures; reports; source code; databases; information used in connection with logging onto, accessing, or using the Services; customer information (not including Cardholder data); the terms of the Agreement; and information that must be maintained as confidential by Applicable Law, and whether in oral, written, graphic, electronic, or other form, including all copies and derivatives thereof.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, the definition of Confidential Information encompasses a wide array of data and materials that are not publicly accessible. This includes strategic business information, capabilities, financial details, business plans, marketing strategies, and pricing of services. Documentation and portals related to services, information technology systems and processes, technical specifications, designs, processes, procedures, reports, source code, and databases also fall under this definition.
Furthermore, any information used for logging onto, accessing, or using the services, customer information (excluding cardholder data), the terms of the agreement itself, and any information required to be kept confidential by applicable law are considered Confidential Information. This information can be in any form, whether oral, written, graphic, electronic, or otherwise, including all copies and derivatives.
For a prospective Even Hotels franchisee, this means they must treat all non-public information received from Even Hotels with utmost care and discretion. Franchisees are obligated to protect this information, limit access to only those employees and service providers with a need to know and who are bound by similar confidentiality obligations, and avoid disclosing or using the information except as explicitly permitted in the agreement. This extends to safeguarding the information with at least a reasonable degree of care and returning or destroying the information at Even Hotels' request.