What is the Hawthorn Suites By Wyndham franchisee's responsibility regarding data backups?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
If you should obtain access to Non-Owned Information in violation of the Data Policies or this Agreement, you shall be a trustee of that information and must act in a fiduciary capacity to protect the information from further unauthorized use or disclosure, and take all commercially reasonable efforts to return the information to us as soon as possible.
Source: Item 22 — CONTRACTS (FDD page 92)
What This Means (2025 FDD)
The 2025 Franchise Disclosure Document for Hawthorn Suites By Wyndham does not explicitly state the franchisee's responsibility for data backups. However, it does address the franchisee's responsibility regarding improper access to data.
According to the FDD, if a Hawthorn Suites By Wyndham franchisee obtains access to Non-Owned Information in violation of the Data Policies or the Franchise Agreement, they are considered a trustee of that information. In this role, the franchisee has a fiduciary duty to protect the information from further unauthorized use or disclosure.
The franchisee must also take all commercially reasonable efforts to return the information to Hawthorn Suites By Wyndham as soon as possible. This indicates that franchisees have a responsibility to maintain data security and integrity, even though specific backup procedures are not detailed in this section.