What are the 'Data Policies' that Hawthorn Suites By Wyndham franchisees must comply with?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
8. DATA PRIVACY
- 8.1 Data Policies. You shall at all times comply with all applicable privacy laws and our and our Affiliates' guidelines for privacy, information protection, and data and systems security, including any data and privacy policy or policies we may establish from time to time (the "Data Policies"). Service Provider may, at its sole discretion and without prior notice, update its Data Policies from time to time. If there is a conflict between the Data Policies and applicable law, you should comply with applicable law and immediately notify us in writing of such conflict.
- 8.2 Guest Information. We and/or our Affiliates shall own all Guest Information that is within our possession and/or the possession of our Affiliate or any service provider holding such information on our or our Affiliate's behalf, and you shall own all Guest Information that is within your possession or the possession of any service provider of yours holding such information on your behalf. To the extent that we (including our Affiliates) and you both possess identical Guest Information, our (including our Affiliates') and your respective ownership rights with regard to such Guest Information shall be separate and independent from one another. You acknowledge and agree that: (a) you shall take all commercially reasonable steps to assure the timely and accurate collection, recording, processing and transmittal of the Guest Information to the Products and/or Services at all times; and (b) with respect to your use of the Guest Information, you shall comply with all applicable laws, our Data Policies and any contract or promise you make with or to any of the guests of the Facility.
- 8.3 Non-Owned Information. Other than the Guest Information, you shall not use any information you obtain from any Service, including but not limited to any information that we append to the Guest Information ("Non-Owned Information"), for the benefit of any business, enterprise or activity other than the business of the Facility, and in accordance with all applicable laws and our Data Policies. You shall not disclose, copy, assign, transfer, lease, rent, sell, donate, disseminate or otherwise commercialize any Guest Information or any Non- Owned Information for any other purpose without our prior written consent, which we may withhold at our sole discretion.
Source: Item 22 — CONTRACTS (FDD page 92)
What This Means (2025 FDD)
According to Hawthorn Suites By Wyndham's 2025 Franchise Disclosure Document, franchisees must adhere to specific 'Data Policies' concerning privacy, information protection, and data and systems security. These policies include Hawthorn Suites By Wyndham's and its affiliates' guidelines, which may be updated periodically at the service provider's discretion without prior notice. Franchisees are required to comply with all applicable privacy laws and immediately notify Hawthorn Suites By Wyndham in writing if there is a conflict between the Data Policies and applicable law, prioritizing compliance with the law.
The FDD outlines the ownership and usage of guest information. Hawthorn Suites By Wyndham and its affiliates own guest information in their possession, while franchisees own the guest information they possess. Both parties have separate and independent ownership rights regarding identical guest information. Franchisees must take commercially reasonable steps to ensure the timely and accurate collection, recording, processing, and transmittal of guest information. They must also comply with all applicable laws, Hawthorn Suites By Wyndham's Data Policies, and any contracts or promises made to guests regarding the use of their information.
Franchisees are restricted in their use of non-owned information obtained from any service, including information appended to guest information. This non-owned information cannot be used for any business other than the Hawthorn Suites By Wyndham facility. Franchisees are prohibited from disclosing, copying, assigning, transferring, leasing, renting, selling, donating, disseminating, or commercializing any guest information or non-owned information without prior written consent from Hawthorn Suites By Wyndham, which may be withheld at their sole discretion.