Datavalet Captive Portal On-Site Wi-Fi Terms of Service
Read carefully. These terms and conditions impose obligations and restrictions upon you
This Wi-Fi Service is an Internet access service provided by Datavalet Technologies Inc. (“Datavalet”) which provides you with access to the Internet via a wireless access point (or points) (each a “Location”) utilizing one or more of the 802.11a/b/g/n protocols commonly referred to as “Wi-Fi” (the “Service”).
These “Terms and Conditions” between you and Datavalet set out duties and responsibilities associated with use of the Service. You are solely responsible for all access to and use of the Service including any breach of these Terms and Conditions by you or any user of your device.
Datavalet may modify these Terms and Conditions at any time without your consent or authorization, including modification or termination of the Service, or any components thereof. Datavalet will notify you of any changes to these Terms and Conditions by posting notice of the modified Terms and Conditions on the “Login” or “Intercept” page that is presented to you when you first access the Service from a “Location”.
In some Locations, to access the Service, you are asked to login to your Social Login account using their respective “OAuth” authorization procedure, or by supplying your name and/or e-mail to Datavalet, or as a guest and not supplying any additional information.
By authorizing Datavalet to access your Social Media account (ex: Facebook), you hereby grant Datavalet access to certain information in your Social Media profile, including but not necessarily limited to: basic information including (but not limited to) age, birthdate, name, gender, location, email address; extended profile information including (but not limited to) events, check-ins, “likes”, interests, friends, friends of friends, groups, etc.; and, other information which the Auth procedure allows Datavalet to access. Furthermore, by agreeing to allow Datavalet to access your Social Media profile through the Auth procedure, you hereby agree to any and all terms and conditions imposed on you by the Social Media entity in connection with the Auth procedure, your use of their website and any and all sites and/or applications or other data or content in connection therewith.
Linking of MAC Address to Personal information. You understand and agree that by engaging in certain Identification Activities, you are permitting us to: a) store and access your Personal information; b) link your Personal information to the MAC address and your location, as offered by the device with which you access the Internet and/or our Wi-Fi service; and, c) use your Personal information in such other ways which accord with the terms and conditions herein set forth.
You agree to indemnify and hold Datavalet, its directors, officers, shareholders, affiliates, agents and suppliers harmless from all liabilities and expenses related to any violation of these Terms and Conditions by you or any user of your device, or in connection with your or their use of the Service.
While using the Service, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or to Datavalet’s then-current policies or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet. Without limiting the foregoing, you agree not to use the Service for any commercial purpose not otherwise permitted by these Terms and Conditions.
4. ACCEPTABLE USE POLICY
You are responsible for your use of the Services. You shall not use or allow others to use the Service if such use:
- is for, or results in, any illegal, abusive, annoying or offensive activities, including making available offensive content, the commission or encouragement of a criminal offence, stalking, harassment, spamming, disrupting or interfering with the Internet, any network, computers, or other devices, transmission of a virus or other harmful component, defamation, intellectual property infringement, or interference with other clients’ service;
- consumes excessive network capacity in Datavalet’s reasonable opinion, or causes its network, or its ability to provide services to others, to be adversely affected;
- is for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application that is not made available to you by Datavalet which uses excessive network capacity;
- is to provide a substitute or back-up for private lines or dedicated data connections such as DSL
- is to operate any server system (including email, web, or other kind of server).
You shall not threaten abuse or harass any Datavalet employee or representative.
You shall not (a) commit, attempt to commit, or allow others to commit or attempt to commit, any fraud against Datavalet including fraudulently obtaining Services, or (b) transform outbound communications into incoming communications or otherwise attempt to avoid applicable charges, or (c) otherwise abuse the Service or allow others to do any of the foregoing.
You shall not resell, transfer, distribute, share or exploit for commercial purposes any Service.
You must follow all other service and security regulations issued or adopted by Datavalet. Datavalet reserves the right to limit or lockout your use should such use be in contravention of these Terms and Conditions. In addition, Datavalet, and the owner or proprietor of the site at which the Services are being offered at your time of access to the Services and/or a Location (collectively, the “Service Provider(s)”) each reserve the right to limit or restrict your usage or the speeds at which you receive the Service at their discretion.
5. SERVICE AVAILABILITY
The Service is only available where Location facilities exist. Datavalet assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, in particular due to changes in the location and configuration of Locations.
6. PERFORMANCE LEVELS
Datavalet does not guarantee the performance of the Service. You understand that any content that you may access through the Service may be subject to network management in order to ensure that all users of the Services receive reasonable access to the Services.
7. SECURITY AND PRIVACY
Notwithstanding the foregoing, Datavalet will not be responsible for any corrupted files or viruses which affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your access to the Service.
Datavalet does not ensure or guarantee privacy for users of the Service. Any such use shall be at your sole risk and Datavalet, its affiliates and its agents shall be relieved from all liability in connection therewith. Locations represent additional security risks as compared with wired Internet connection because access to your compatible device is possible without being physically connected to your device, therefore, it is strongly recommended that you (and it is your responsibility to) ensure that the configuration of your device is secure.
In order to work with the widest variety of devices, you acknowledge that the Locations do not provide any level of encryption (such as WEP, WPA or other encryption and authentication mechanisms).
8. SERVICE BANDWIDTH RESALE OR REDISTRIBUTION PROHIBITED
Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden. Failure to comply with this condition will result in immediate cancellation of access to the Services.
9. IP ADDRESS / HOST NAME
Any IP address assigned to you by Datavalet is the property of Datavalet at all times. IP addresses may change each time you access at Location, or any time at the discretion of Datavalet without prior notice to you. Datavalet assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP Addressing.
10. USER INFORMATION
Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. Datavalet has no obligation to monitor the Service. However, you agree that Datavalet reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Service or to protect itself or others.
11. NO LIABILITY FOR CONTENT
Be aware that some content, products or services (“Content”) available with or through the Service may be offensive to you or may not comply with applicable laws where you access the Services. You understand that neither Datavalet nor any of its affiliates attempt to censor or monitor any such Content. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. Datavalet and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.
12. LIMITED WARRANTY
The Service is provided by Datavalet on an “as is” and “as available” without warranties or conditions of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by Datavalet (“Third Party Equipment and Services“). Datavalet disclaims all responsibility for determining compatibility between the Service and any Third Party Provided Equipment and Services. Neither Datavalet, its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted use or operation of the Service or any deliverable provided under these Terms and Conditions. The entire risk as to the availability, quality and performance of the Service or any deliverable provided under these Terms and Conditions is with you.
YOUR SERVICE PROVIDER(S) MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
13. LIMITATION OF LIABILITY
In the event of any breach by Datavalet, its affiliates, suppliers, or agents, including any breach of a fundamental term of these Terms and Conditions or any negligence, your exclusive remedy shall be to terminate your access to the Services. Other than the foregoing remedy, under no circumstances shall Datavalet, its affiliates or its agents be liable to you or any third party for: (i) any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from these Terms and Conditions, including your use of the Service or access to the Internet, Content or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of data, information or files, errors, defects, delays in preparations, or transmission, or failure of performance, or (ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your account infringes the intellectual property rights or contractual rights of any third party.
14. USER SUSPENSION
These Terms and Conditions may be terminated by you by ceasing to utilize the Services. Datavalet may suspend or restrict the Service, at any time without notice, or terminate these Terms and Conditions, including your right to access or use the Service, at any time if: (i) the operation or efficiency of the Service is impaired by your use of the Service; or (ii) you have breached of any term or condition of these Terms and Conditions. Datavalet shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of your right to use and/or access the Service and/or these Terms and Conditions shall not relieve you from any liability accruing hereunder prior to the time that such termination becomes effective.
15. THIRD PARTY BENEFICIARY
The Service Provider(s) are third party beneficiaries of these Terms and Conditions and as such are entitled to its protections and may enforce the rights afforded by these Terms and Conditions.
These Terms and Conditions and all documents and policies referenced herein, constitute the entire agreement and understanding between Datavalet and you pertaining to the subject matter hereof and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by Datavalet to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of these Terms and Conditions conflicts with an applicable tariff, the tariff shall supersede these Terms and Conditions only in respect of the conflicting provision. These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. Datavalet may assign its rights and obligations under these Terms and Conditions to any affiliated entity without your prior written consent. You may not assign or transfer these Terms and Conditions. In no event shall Datavalet be liable for any failure to comply with these Terms and Conditions if such failure results from any condition or event beyond the reasonable control of Datavalet, including, but not limited to, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war.
2. TYPES OF INFORMATION COLLECTED AND USES OF COLLECTED INFORMATION
We collect personal information that you provide to us in various ways through our Services. Personal information is information about an identifiable individual, such as an individual’s name, address, telephone number, or e-mail address. We collect personal information in the following ways:
- User Accounts: Through our Services you may have the option to register an account or to create and update a user profile. If we offer a user account or profile functionality, we will collect the personal information that you provide to us in the course of creating or updating the account or profile. This information may include, name, address, telephone number, e-mail address, and related demographic information about you.
- Connecting to Networks: Certain networks using our Services may require users to establish or use login credentials. In processing this log-on functionality, we may collect personal information such as email addresses, telephone numbers, or user or administrator-created usernames, along with user-created or administrator-created passwords, to facilitate such log-on functionality and otherwise to provide our Services.
- User Correspondence: If you contact us by e-mail, mail, a contact form on the Services, or by other means, we collect the personal information you provide to us in your correspondence.
- Newsletters: We may offer e-mail newsletters through our Services. If you sign up to receive a newsletter from us, we will collect your e-mail address.
We use the personal information you provide to us to provide the Services to you and our customers; provide information and otherwise respond to your requests; enhance, improve, operate, maintain, and debug our Services; prevent misuse or fraudulent use of our Services and other systems; to tailor content and other aspects of your experience on and in connection with the Services; maintain a record of our dealings with you; for other administrative purposes; and for any other purposes that we may disclose to you at the point at which we request your personal information, and pursuant to your consent. Depending on the activity, some of the information we ask you to provide is mandatory and some is voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.
In applicable locations, in order to access certain aspects of the Services, you may be asked to allow Datavalet to access your social media account using the “OAuth” authorization procedure. By authorizing Datavalet to access your social media account, you hereby grant Datavalet access to certain information in your social media profile, including but not necessarily limited to: basic information including (but not limited to) age, birthdate, name, gender, location, email address, and certain extended profile information such as events you have responded to, check-ins, “likes”, interests, friends, friends of friends, and group memberships.
When you use our Services, some information is collected from you automatically. For example, when you access our Services, we automatically collect your browser’s Internet Protocol (IP) address, your browser type, the nature of the device from which you are visiting the Services (e.g., a personal computer or a mobile device), identifiers for any handheld or mobile device that you may be using, the website that you visited immediately prior to accessing any web-based Services, the actions you take on our Services, and the content, features, and activities that you access and engage with on our Services. We also may collect information regarding your interaction with e-mail messages from us, such as whether you opened, clicked on, or forwarded a message. We collect this information using technologies such as standard server logs, cookies, and clear GIFs, also known as “Web beacons”. We use this device-related information to administer, operate, maintain and improve our Services.
3. Disclosure OF PERSONAL INFORMATION
-Service Provider Arrangements
We may transfer (or otherwise make available) your personal information to our affiliates and other third parties who provide services on our behalf. For example, we may use service providers to authorize and process payments, host our Services, operate certain of its features, serve advertisements, send email or other communications, conduct customer research, and manage and analyze data.
Your personal information may be maintained and processed by our affiliates and other third party service providers in the US or other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.
We provide a component of the technology necessary to permit you to access the internet at our customers’ locations. In connection with the provision of those services to our customers, we may transfer (or otherwise make available) your personal information to our customer who is providing you with internet access. For example, we may disclose statistics regarding your usage of the services (e.g. bandwidth, visit frequency, session duration) to such customer, who may utilize such information, including in connection with their access management procedures.
-Sale of Business
We may transfer any information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of our business or as part of a corporate reorganization or stock sale or other change in corporate control.
-Legal, Compliance and Loss Prevention
We, and our services providers, may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required or permitted by applicable Canadian, US or other law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property.
4. Accessing, UPDATING AND CORRECTING INFORMATION
You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law, by contacting us as set out the under Contact Us section below.
You cannot, however, delete information associated with past transactions on the Services. In addition, it may be impossible for us to completely delete all of your information because we periodically backup information.
5. SECURITY OF INFORMATION
We take security seriously and take numerous precautions to protect the security of personal information both online and at our facilities.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted through the Services
We have Personal information retention processes designed to retain personal information of our customers for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.
6. Cookies, pixel tags and Beacons
-Pixel Tags and Web Beacons
We may use other industry standard technologies including (but not limited to) pixel tags and web beacons to track your use of our Services, or we may allow our service providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on our Website, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate non-identifiable information regarding that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Website, as well as give us a way to measure our promotions and performance.
7. PRIVACY POLICIES OF THIRD PARTY WEBSITES
8. CONTACTING US
Please contact our Privacy Officer if:
- you wish to access, update, and/or correct inaccuracies in your personal information, or
- you otherwise have a question or complaint about the manner in which we or our service providers treat your personal information.
You may contact our Privacy Officer by email at email@example.com or by mail at the following address: 5275 Queen Mary, Montreal (Quebec), Canada H3W 1Y3