End-user Wi-Fi Service Privacy and Terms of Use

DISCLAIMER

The following Terms of Use and Privacy Policy (Terms & Conditions) document is not intending to be the final version between yourself and your customers. You may use this as a template and reference tool to write your own policy.

Please make sure to involve an Attorney/Lawyer to review your final terms & conditions, depending on regulations in your location.

TERMS & CONDITIONS

Guest Wi-Fi - Terms Use

Important notice

This Terms of Use and the Privacy Policy (together with the Terms and Conditions) constitute the legal agreement between you (“You” or “Your”) and the [Company Name] (“We”, “Us” or “Our”) relating to the provision by Us to You of a wireless Internet access service (the Service) to be used by You at any venue where the Service is available. Please read this Terms of Use and the Privacy Policy carefully.

If You do not accept the Terms and Conditions, We will not permit access to the Service and the joining process will immediately terminate. By joining and using the Service You agree to be legally bound by the hereby Terms and Conditions.

Agreed terms

1.    Acknowledgements and acceptance

1. You acknowledge that the Terms and Conditions (as may be amended from time to time) apply to the use of the Service (including any future updates to it) by You.
2. You acknowledge and accept that We may change the Terms and Conditions at any time. All changes (if any) will be communicated to You through a link on the log-in page for the Service or any means available to us. You will be required to read and accept any such changes to continue using the Service.
3. You must have obtained the permission of the owner of any computer, tablet, mobile telephone, smart phone, or another electronic device (Device) which You use to access the Service (and which is not owned by You) to use the Service. By accepting the Terms and Conditions You accept responsibility for the use of the Service on any Device whether or not you own it. You accept that You may be charged by Your service provider for Internet access through the Device.
4. You acknowledge and understand that Internet transmissions are never completely private or secure and that any information which You send by using the Service may be read or intercepted by another party even if there is a special notice that a particular transmission is encrypted.
5. You acknowledge that the Internet is separate from the Service and that websites accessed by You via the Service are not under our control and that We are not responsible for and do not endorse their content or privacy policies (if any). You undertake that You will use Your own judgment regarding any interaction with any such website including the purchase of any products or services accessible through them.
6. You acknowledge and agree that all intellectual property rights in the Service (and its underlying technology) belong to Us (or Our licensors) and that You have no rights in or to the Service other than the non-exclusive and non-transferable right to use it in accordance with the Terms and Conditions.
7. If we fail to remind you to you carry out any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, this will not be interpreted to mean that we have waived our rights against you and will not mean that you do not have to keep to those obligations. If we do decide not to enforce our rights, we will only do so in writing. Any such written communication should not be taken to mean that we will automatically issue such a statement again.

2.    Provision of the Service

In consideration of You accepting the Terms and Conditions, We agree to provide the Service to You until such time as We cease provision of the Service to You. You may stop using and We may stop providing the Service at any time.

As long as you agree to keep to the terms of this agreement, we grant you a non-transferable, non-exclusive license to:

• Use the services under the terms of this agreement and the accompanying Privacy Policy.

3.    Acceptable use

You agree that You will use the Service in accordance with the Terms and Conditions and that You will not (and will procure that any person using Your Device does not) use the Service for any commercial, unlawful, immoral, or malicious purpose, nor will You (nor any person using Your Device) in the course of using the Service:

1. introduce any code, virus, or data which is harmful to the Service or any operating system; or
2. transmit, store, publish or upload any electronic material which is likely to cause damage or limit the functionality of any telecommunications equipment or any computer software or hardware; or
3. infringe any intellectual property right belonging to Us or any other party; or
4. send, receive, publish, distribute, transmit, upload, or download any material which is offensive, abusive, defamatory, indecent, obscene, unlawful; or otherwise objectionable; or
5. invade the privacy of or cause annoyance or anxiety to or send any unsolicited correspondence to any other person.

4.    Limitations and exclusions

The Service is provided to You on an 'as is' and 'as available' basis and therefore all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Terms and Conditions.

1. Save as provided in clause 4(iv), We shall not be liable to You for any losses (whether direct, indirect, or consequential) caused by any failures, errors, delays, or interruptions of, in, or to the Service.
2. Save as provided in clause 4(iv), We shall have no liability to You if any third party gains access to Your connection to the Service or Your Device or destroys and/or damages any data or information held by You or information about You which is held by Us.
3. Nothing in the Terms and Conditions shall limit or exclude Our liability for (a) death or personal injury resulting from Our negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded by law.

5.    General

1. The Terms and Conditions and its accompanying Privacy Policy constitute the entire agreement between You and Us as to the provision of the Service and they (and any dispute or claims arising from them) are irrespective of the location from which the Service is accessed, governed by and shall be construed in accordance with the laws of United Kingdom. You and we both agree to submit to the non-exclusive jurisdiction of the courts located in London, United Kingdom.
2. Any notice to be given by Us to You may be given by post or email to any postal or email address given by You. Any notice to be given by You to Us may be given by post to [Postal Address] or by email to [[e-mail]].

Guest Wi-Fi - Privacy Policy

We at [COMPANY NAME] (“we”, “us”, “our”) respect your privacy. This privacy notice (“Privacy Notice”) explains who we are and how we collect, use and share personal information we receive from you in connection with our services (“Services”), which provide marketing and visitor analytics. If you have any questions, please don’t hesitate to contact us as set forth in the “Contacting Us” section at the bottom of this Privacy Notice.

This Privacy Policy and the Terms of Use (“EULA”) (together with the “Terms”), applies to your access and use of the guest Wi-Fi services in all of our venues.

This Privacy Notice does not cover any information collected by us through other means, such as through our websites, sales, and marketing activities, or otherwise in the course of operating the business.

[Company Name] is the Data Controller of your personal data. [Company Name] is a registered company of [Jurisdiction].

What we collect and how we collect it

The information that we may collect about you broadly falls into the following categories:

Information we collect automatically.

• Location Data
  When you carry your device (with its Wi-Fi and/or Bluetooth function enabled) into one of our venues, the technology we use senses the following: the presence of your device, its signal strength, its manufacturer (Apple, Samsung, etc.), the geographic position and a unique identifier known as its Media Access Control (MAC) address. This combination of numbers and letters identifies a specific device to the surrounding Wi-Fi or Bluetooth networks. Because the MAC Address does not disclose the device owner’s real-world identity, that information is never collected. We promptly de-identify and de-personalize any MAC addresses we collect. General Visit Information is collected as your mobile device moves across different Locations that use our technology.
  For clarity, this information is automatically collected if your device’s Wi-Fi is enabled – even if you do not actually “connect” to the Location’s Wi-Fi network.

• Activity information
  When you use Our Service, we may also automatically collect additional information from your mobile device. In some countries, including countries in the European Economic Area (“EEA”), this information may be considered personal information under applicable data protection laws. We refer to this information as – “Activity Information”. This information does not reveal your specific identity but may include information about the specific mobile device you are using to access the Our Service, such as unique device identifiers known as MAC Address, device type and model, operating system, browser type and language, your browser’s Internet Protocol address, start and stop timestamps of your connections, amount of traffic, hotspot from which you are connected, and the logout reason type. It may also include broad geographic location-related data (e.g. country or city-level location). We may use cookies and other tracking technologies to collect some of this Activity Information as further explained under the section headed “How We Use Cookies and Similar Tracking Technologies”.

Information you provide voluntarily.

• Registration Information
  When you use the guest Wi-Fi services in one of our venues, registration is sometimes required. The “Registration Information” you may provide includes, for example, full name, telephone number, email address, or demographic information (e.g. date of birth, gender, geographic area, and preferences).
  You understand and agree that by providing Registration Information to Us, you are permitting Us to: a) store and access your personal data; b) link your personal data to the MAC address and your location, as offered by your mobile device; and, c) use your Registration Information in such other ways which accord with the terms and conditions herein set forth.

• Information we collect from third party sources
  If you Log-In to the Wi-Fi network via a third-party service, such as Facebook Login or Google OpenID, we may access the information described in the third-party service’s request for authorization, such as your name, email address, gender, age, and home zip code. Please review your privacy settings with these third-party services to ensure you are sharing the information you wish to share.

How we use your information

General Visit Information: The General Visit Information is used to help Us to better understand how our customers behave. We do this by generating reports based on such aggregated data. We may also aggregate and combine your General Visit Information with the General Visit Information of many people across our network. We use the reports for a variety of purposes, such as to:

• Improve customer service;
• Improve operation of Our facilities;
• Determine to time for promotions and sales;
• Measure the effects of advertising and marketing;
• Plan and execute marketing and advertising campaigns;
• Set staffing levels;
• Set store hours; and
• Other business and operational purposes, such as financial and product planning and execution.

Please note, once you are Registered with the Our Services your General Visit Information is combined with your Registration Information and Activity Information as set forth in the “Registration Information and Activity Information” section below. This information helps us to improve your experience in case you opt-in to receive promotional communications, by allowing sending you a personalized communication also based on your visits. Such data may also be combined with Third-Party Data and used for research and analytics and/or to help serve to advertise.
We do not combine Registration Information and Activity Information with General Visit Information previously collected from your mobile device.

Registration Information and Activity Information: As noted above, once you Register with the Our Services, we may combine and associate your Registration Information and Activity Information with your General Visit Information. All such information may be used by us for the following purposes:

• So that we may provide you with more personalized advertising, offers, experiences, and features;
• Providing advertising we or they believe is more relevant and tailored to your interests;
• Contacting you with special offers and incentives, where this is in accordance with your marketing preferences;
• Analytics and market research purposes, such as understanding the shopping preference of you and large groups of people (for example, helping our partners understand which people like to go to a restaurant for diner after seeing a movie);
• Fulfilling your requests;
• Other business and operational purposes, such as financial and product planning and execution.

Other Uses: We also use your information to:

• Help us internally operate and maintain the Our Services (such as, for the purposes of fixing malfunctions, testing our security systems, etc.).
• Enhance, improve and further develop the Services (such as, creating new features or functions, refining the user experience, increasing the technical performance of our services, etc.).
• Provide you with notices relate to your use of the Service (such as account notifications and legal notices).

We may also use your provided Personal Information to contact you regarding products, services, and offers when you opt-in to receive them. We allow you to opt-out from receiving promotional communications from us, as described in the “How you can opt-out” section below.

How we use cookies and similar technology

We may use cookies and similar tracking technology (collectively “Cookies”) to collect and use Activity Information about you (including to serve interest-based advertising). For further information about the types of Cookies we use, why, and how you can control Cookies, please see our Cookie Notice.

Who we share your information with

Except as described in this Policy, we will not disclose your Personal Information to third parties without your consent. We may disclose Personal Information to third parties in the following circumstances:

• To Service Providers: We may disclose Personal Information to third-party service providers (e.g., payment processing, data storage, and processing facilities) that host our servers and databases and that provide other services to us. We limit the Personal Information provided to these service providers to that which is necessary for them to perform their functions, and we require them to agree to maintain technical and organizational measures necessary to ensure adequate protection and confidentiality of such Personal Information. We ensure, e.g. by contractual regulations, that these service providers process personal data in accordance with European data protection law to guarantee a high data protection level, even if personal data are transferred into a country, in which another data protection level is common and for which no adequacy decision of the Commission of the EU exists.
• Upon Transfer of the Business: Information about users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of Our company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of Our business assets.
• To Affiliated Companies: We may disclose Personal Information and other information to our parent company and to other corporate affiliates. These affiliated third-party companies may use and disclose Personal Information and other information that we disclose to them in accordance with their privacy policies and procedures.
• To Protect Our Interests: We also may disclose Personal Information and other information if we believe that doing so is legally required or is in Our interest to protect Our property or other legal rights (including, but not limited to, enforcement of agreements) or the rights or property of others, or to otherwise help protect the safety or security of the Services or other users of the guest Wi-Fi services.

 

How you can opt-out

Promotional communications opt-out

We offer you choices regarding the receipt of promotional communications when you access the guest's Wi-Fi services. If you receive promotional communications from us or from our Customers, you may unsubscribe at any time by contacting us using the contact details provided under the “Contacting Us” heading below.

Once we receive your opt-out request, you will no longer receive communications for direct marketing purposes from us and/or from our customers.

Your “opt-out” will not affect the lawfulness of the processing based on the consent before the withdrawal.

For clarity, we may still collect and use (except for direct marketing purposes) your MAC Address. For your choices in this regard – please see the “Mobile Location Analytics Code of Conduct” section above).

Mobile Location Analytics Opt Out

We comply with the European Union Global Data Privacy Regulation (GDPR). You may elect to opt out of associating information about your presence at a location with a device’s MAC Address (meaning General Visit Information as defined in this privacy notice). To opt-out, please contact us to send you a link for the self-verification and out-out process.

Data protection rights

We acknowledge individuals have the right to access the personal information that we maintain about them.  You also have the following data protection rights:

• The right to receive information about the data processing and a copy of the processed data,
• The right to demand the rectification of inaccurate data or the completion of incomplete data,
• The right to demand the erasure of personal data and, in case the personal data have been made public, the information towards other controllers about the request of erasure,
• The right to demand the restriction of the data processing (right to restriction of processing,
• The right to receive the personal data concerning the data subject in a structured, commonly used and machine-readable format and to request the transmittance of these data to another controller,
• The right to object to the data processing in order to stop it,
• The right to withdraw a given consent at any time to stop a data processing that is based on your consent. The withdrawal will not affect the lawfulness of the processing based on the consent before the withdrawal
• The right to lodge a complaint with a supervisory authority if you consider the data processing to be an infringement of the GDPR.

If you wish to make use of any of the mentioned rights above you may contact us using the contact details provided under the “Contacting Us” heading below. If you provide us with sufficient information to identify you and verify your identity, we will use reasonable efforts to comply with your request without undue delay and at the latest within 30 days. For repeated or excessive requests, we reserve the right to charge you an administrative fee.

How long we retain your information

We retain your information for as long as you are a user of the guest Wi-Fi services. We also retain this information for 18 months after you are no longer a user or until it is no longer needed for the purposes for which it was collected. As far as such information is subject to any statutory data retention period exceeding the afore-said storage period, We will store the data each concerned for the duration stipulated in the respective statutory provisions. In the latter case, the data will be stored in restricted form whereas further processing is allowed exclusively for the establishment, exercise, or defense of legal claims, the protection of the rights of another person, or reasons of important public interest.

After this period, your personal data will be irreversibly destroyed. Any personal data held by us for marketing and service update notifications will be kept by us until such time that you notify us that you no longer wish to receive this information.

Where we store your information

As of the date of this Policy, we store information in Frankfurt, Germany.

We may transfer your data from your respective country to other countries in connection with the processing of data, fulfilling your requests, and operating the services. If we collect your data in the EU, your data will not be transferred to a country or territory outside the European Union area (EU).

We use a third-party provider who may process your personal data on Our behalf. We assessed the compliance and security measures implemented by all of our providers and we signed Data Processing and Data Transfer agreements (where applicable) with them that comply with the GDPR.

How we keep your personal information secure

We use appropriate administrative, organizational, technical, and physical safeguards to protect the personal information we collect and process about you. The measure we use is designed to provide a level of security appropriate to the risk of processing your personal information and to help ensure that your data is safe, secure, and only available to you and to those you provided authorized access. Specific measures we use include using secure socket layer protection (which you can look up on your favorite search engine). We also take steps, like employing firewalls and authentication, to safeguard your information and prevent unauthorized access to it.
Mobile Location Detection Services information is transferred securely and then “hashed” before it is stored on virtual hosting infrastructures. Hashed data cannot be reverse-engineered by a third party to reveal a device’s MAC address.

However, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so you should take care in deciding what information you send us in this way.

Third party sites

The guest Wi-Fi services may, from time to time, contain links to and from the website of third parties. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any Personal Information that may be collected through these websites or services. Please check these policies before you submit any personal data to these websites or use these websites.

Privacy Policy for children

We do not knowingly collect information from anyone under the age of 16 unless we first obtain permission from that child’s parent or legal guardian. However, if despite our best efforts we learn that we have collected information from a child under the age of 16 on our Platform, we will delete that information as quickly as possible.

If you become aware that your child has provided us with personal information without your consent, please contact us using the contact details provided under the “Contacting Us” heading below.

Recourse, enforcement and liability

We are dedicated to ensuring that its privacy practices are in compliance with the Principles and this Policy. Any employee that we determine is in violation of this Policy may be subject to disciplinary action up to, and including, termination of employment.  

We encourage you to direct any questions, concerns, or complaints regarding the collection and use of your personal information to Our data protection officer (contact information provided below). We will investigate and work expeditiously to resolve any complaints or disputes in accordance with the Principles and this Policy. If we do not provide a timely response to you, or you are not satisfied with the way we have handled your matter, please contact the appropriate independent dispute resolution service identified at the beginning of this Policy. The services the Privacy Shield BBB are provided to you at no cost.

We promise to do our best to remedy any problems arising out of the failure to comply with the Principles, including taking responsibility for a third-party agent’s processing of personal information received under the Privacy Shield. If the third-party agent does not process your personal information consistent with this Policy and the Principles, and We are responsible for the events giving rise to the damage you have incurred, then we remain liable to you under the Principles.

Amendments to this policy

We may update this Privacy Notice from time to time. This Privacy Notice applies to information we collect while that notice is in effect. When such changes occur, you will be able to view the new version of this Privacy Policy on our website. If we change this Policy in a manner that materially alters your rights or obligations under this Policy, we will use reasonable efforts to notify you of the change. For example, we could generate a pop-up or similar notification when you access the Services for the first time after such material changes are made. Your use of the Platform after the effective date of the changes constitutes acceptance of the amended terms. We reserve the right to apply the amended terms to the information we have already collected, subject to any legal requirements. We suggest that you review our Privacy Policy regularly to see if there have been any changes.

Contact Us

If you have any questions or comments about this Policy, please contact Us using the following contact information:

[COMPANY]

[ADDRESS]

[Data Processing Officer]

[[e-mail]]