Is 'Restricted Data' considered Confidential Information for Sonesta Simply Suites?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Confidential Information does not include Restricted Data (as defined in Section 8.M), nor does it include information, knowledge, or know-how which you can demonstrate lawfully came to your attention before we provided it to you directly or indirectly; which, at the time we disclosed it to you, already had lawfully become generally known through publication or communication by others (without violating an obligation to us or our affiliates); or which, after we disclose it to you, lawfully becomes generally known through publication or communication by others (without violating an obligation to us or our affiliates). However, if we include any matter in Confidential Information, anyone who claims that it is not Confidential Information must prove that one of the exclusions provided in this paragraph is fulfilled.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to Sonesta Simply Suites's 2025 Franchise Disclosure Document, Restricted Data is explicitly excluded from being considered Confidential Information. The FDD specifies that while franchisees receive Confidential Information that must be protected, this does not include Restricted Data as defined in Section 8.M of the franchise agreement.
Restricted Data encompasses specific types of Personal Information that Sonesta Simply Suites does not control or own. This includes the Personal Information of the franchisee's employees, officers, contractors, owners, or other personnel, as well as any other Personal Information that Sonesta Simply Suites expressly designates as Restricted Data or does not have access to.
As a Sonesta Simply Suites franchisee, it is your sole responsibility to establish protections and safeguards for Restricted Data, ensuring compliance with all applicable laws and regulations. While Sonesta Simply Suites may provide general guidance or specifications for other Personal Information, the franchisee bears the exclusive responsibility for managing and protecting Restricted Data. This distinction is important for franchisees to understand their obligations regarding data privacy and security.