Cloudi-Fi

WI-FI SERVICE TERMS OF USE AND PRIVACY NOTICE

This free Wi-Fi Service (the“Service”)is a courtesy of your host and made available to you by Cloudi-Fi, a French corporation (“SAS”) with a share capital of 150 000 euros, registered with the Pontoise Registry of Trade and Companies under number 800 746 927, and registered office located at 1, rond-point de l'Aube, 95800 Cergy - France (“CLOUDI-FI”, “We”, “Our”, “Us”). Your access to and use of the Service is governed by the Terms of Use (1) and Privacy Notice (2) below. Please read them carefully before using the Service.

1. Terms of Use

These Terms of Use (the “ToU”) set forth the conditions of use of the Service.

By clicking on the acceptance button, you acknowledge that you have read and agree to be bound by these ToU. If you do not accept these ToU, CLOUDI-FI will not be able to provide you access to or use of the Service. These ToU may be amended, updated or otherwise modified, whether in whole or in part, at any time.

Article 1. PURPOSE OF THE SERVICE – ACCESS TO THE SERVICE

1.1 Purpose of the Service

The Service allows any individual visiting a physical Site with free Wi-Fi and who is equipped with a portable and Wi-Fi compatible device (e.g., laptop or smartphone) (the “User”, “you”, “your”), to obtain a secured and free access to Internet.

1.2 Access to the Service

1.2.1. Prerequisites

By using the Service, the User certifies that s/he has the capacity to be bound by these ToU, and that s/he is at least 18 years old (or a higher age of majority in the country in which the User is accessing and using the Service where required by mandatory applicable law).

1.2.2. Equipment required to access the Service

The User is solely responsible for ensuring that s/he has all necessary equipment, hardware, software, Internet browser and other elements allowing him/her to access and use the Service.

1.2.3. Registration

A User registers for the Service by filling in the registration form on the login page of the Service. Failure to provide any required data will prevent the User from accessing the Service.

If mobile phone registration is used, Users have the right to register on the relevant national phone solicitation opt-out list as notably indicated below.

Austria	Robinson list - https://apppool.wko.at/Robinsonliste/Registrierung.aspx
Canada	Do Not Call List - https://www.lnnte-dncl.gc.ca/index-eng
France	Bloctel - http://www.bloctel.gouv.fr/
Hong Kong	Do-not-call Registers - http://www.dnc.gov.hk/
Ireland	Contact your telephone line provider to be placed on the National Directory Database opt-out register.
Netherlands	Bel-Me-Niet-Register - https://www.bel-me-niet.nl/
Singapore	Do Not Call Registry - https://www.dnc.gov.sg/index.html
Spain	Robinson List - https://www.listarobinson.es/

Users’ personal data will be processed in accordance with the Privacy Notice below.

Article 2. USER’S OBLIGATIONS

It is the User’s responsibility to ensure the safety and protection of his/her equipment, and take all appropriate measures to secure his/her own software and data, including his/her personal data (including without limitation the User’s name, email address, telephone number), against intrusion, viruses, worms, Trojan horses, or other harmful elements.

The User shall under no circumstance use the Service:

for any unlawful purpose;
for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
to make comments, access, download, or transmit content that is illicit, injurious, defamatory, threatening, obscene, offensive, violent or incites violence, harmful, false, sexist, racist, or infringes the rights of others, and in particular content that infringes any person’s intellectual property rights;
in a manner which is fraudulent, abusive or excessive. The User shall in particular refrain from, deliberately or unintentionally, congesting the network and/or the messaging servers (e.g., by way of spamming, bulk e-mail, junk e-mail, or mail bombing); or
for the transmission of viruses, worms, Trojan horses or other harmful elements.

Article 3. CLOUDI-FI ’S OBLIGATIONS AND LIABILITY

Nothing in these ToU attempts to exclude or limit liability for (i) death or personal injury; (ii) fraud or fraudulent misrepresentation; (iii) losses due to willful misconduct or gross negligence, or (iv) any other liability which cannot be excluded or limited by applicable law, such as mandatory legal warranties and guarantees implied or imposed by applicable law.

3.1 CLOUDI-FI’s Obligations

CLOUDI-FI will use its reasonable endeavors to ensure access to the Service. However, CLOUDI-FI does not warrant that the Service will be secure, available and/or work without interruption or error, at all times, or that issues will be immediately cured, or that the Service will at all times be free from any virus or other harmful element, and CLOUDI-FI expressly disclaims such warranty and shall not be held liable for any of the foregoing.

3.2 CLOUDI-FI’s Liability

Cloudi-Fi delivers its Service on top of legacy infrastructure and Internet connectivity. As a Cloud based service, CLOUDI-FI shall not be liable towards the User for the transmission of any signals from or to the User through the Service, and any claim in relation to such transmission. The User acknowledges that the Service is provided by Cloudi-Fi and by a local Internet service provider, being referred to as the "Operator". Accordingly, CLOUDI-FI shall not be liable towards the User for the transmission of any signals from or to the User through the Service, and any claim in relation to such transmission and/or more generally in relation to the Operators’ compliance with their obligations towards the User under applicable electronic communications laws and regulations shall be directed to the relevant Operator(s).

To the maximum extent permitted by law, CLOUDI-FI shall not be liable towards the User for damage that cannot be imputable to CLOUDI-FI, resulting notably from the use by the User of the Service other than in strict accordance with these ToU, or a breach by the User of his/her obligations hereunder, any act, omission or default of the User, or an event beyond CLOUDI-FI’s reasonable control (including a force majeure event). In particular, CLOUDI-FI excludes any liability for damage or loss suffered by the User as a result of the inadequacy, dysfunction or incompatibility of his/her equipment with the Service and/or failure by the User to implement reasonable and necessary protection against harmful programs, devices or communications.

Article 4. TRAFFIC DATA

As required to make the Service available, traffic data generated by the User through the use of the Service may be collected. Information related to electronic communications carried out by the User will be processed as necessary to make such communication available, and under the conditions and limits set forth by applicable laws and regulations, such as for criminal and investigation purposes, upon request by the competent authorities, which the User acknowledges and accepts.

Article 5. INTELLECTUAL PROPERTY

The User acknowledges that all copyright, droits d’auteur, trademarks, patents and all other intellectual property rights as well as know-how in respect of the Service shall remain vested in CLOUDI-FI, its licensors and suppliers or the Operators, as the case may be.

Article 6. SUSPENSION / TERMINATION OF THE SERVICE

CLOUDI-FI reserves the right, for legitimate reasons, to require suspension of the access to the Service at any moment, with or without cause, and without notice, whether temporarily or definitively, without any liability towards the User in this regard, including without limitation in case of a breach by the User of these ToU, or as a result of an injunction by a third party or competent authorities. CLOUDI-FI reserves the right, for legitimate reasons, to require the blocking or prohibition of the access to certain Internet websites when a user uses the Service by way of filtering or other security systems.

Article 7. LANGUAGE – GOVERNING LAW - JURISDICTION

Translations of these ToU are available for information purposes only: in case of a discrepancy between the terms of any translation and the terms of the English version, the terms of the English version shall prevail, to the extent permitted by applicable law.

French law governs these ToU, except in cases where the law of the country of the User is mandatory or requires a higher level of protection that cannot be derogated from by agreement, in which case such law shall apply.

To the extent permitted by applicable law, any dispute related to the validity, performance, termination or the interpretation of these ToU and that the parties cannot resolve amicably shall be submitted to the exclusive jurisdiction of the Paris Courts, notwithstanding the existence of several defendants or a third party claim, and including in cases of summary proceedings. Users residing in the European Union or in any other jurisdiction where this is required under mandatory local law may also submit any dispute relating to the validity, performance, termination or the interpretation of these ToU to the jurisdiction of the competent courts of the User's domicile.

2. PRIVACY NOTICE

The personal data provided when registering to the Service related to the use of the Services is collected, processed, transferred, stored and used:

by CLOUDI-FI as a data controller (or the equivalent term under applicable local law) for the purpose of enabling Your access to the Service, as well as by Our affiliates and service providers (including the Operators) acting on Our behalf (“Service Providers”), either located within or outside of your country or legal jurisdiction.

Purposes. We maintain and use your personal data:

to help authenticate you when logging in to the Service;
to remember your preferences and registration information;
to ensure the security of use of the Service;
to measure and obtain data to improve the effectiveness of the Service;
to comply with applicable law (for example, traffic data collected may be used for criminal prosecution purposes including investigation, records or judicial action in relation to criminal offenses in any applicable jurisdiction in the world);
for analytics purposes;
for IT support purposes;
with your consent, for direct marketing purposes by telephone, SMS or email (such as to send you communications containing news, information and updates about Our products, services, offers, promotions and special events, satisfaction surveys, and other marketing communications that may be of interest to you).

Data collection.You are required to provide certain personal data (your first and last name, email address and/or cell phone number) by (a) filling in the fields identified as mandatory in the registration form on the login page of the Service or (b) using your social network credentials by selecting one of the social networks from the list provided on the login page of the Service. You provide this personal data on a voluntary basis. Failure to provide any of such required personal data will prevent you from accessing the Service. In addition, CLOUDI-FI and the Service Providers may create and retain authentication and activity logs (type of device, date and hour of connection to the Service).

Insofar as required to make the Service available, CLOUDI-FI and the Service Providers collect traffic data (i.e., data processed to transfer the Users’ communication through the electronic communication network, including User identification information, IP address, date and time of connection and disconnection) generated through your use of the Service, and CLOUDI-FI and the Service Providers may process traffic data relating to your electronic communications.

Minors. If you are under the minimum age requirement, please do not submit any personal data without the express consent and participation of your parent or guardian. To the maximum extent permitted by applicable law and without limiting any other provision of this notice, We disclaim liability for any personal data submitted in contravention of this clause.

If you access Our Services from the US, Guam or the US Virgin Islands: Our Services are not targeted to children under thirteen (13) years of age and We do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.

Data retention. Your traffic data will be retained for one year or any other mandatory retention duration, and your other personal data will be stored electronically and retained for as long as legally required or necessary to fulfill the purposes for which your personal data is processed, unless you object to the processing of your data or withdraw your consent in accordance with this notice.

Security. We undertake to implement appropriate technical and organizational measures to protect your personal data against unauthorized and unlawful processing or accidental loss, destruction, damage, theft, use or disclosure when your personal data is processed under Our control.

Data sharing and transfers. Insofar as required to make the Service available, CLOUDI-FI may share data with government or law enforcement within or outside of the country or legal jurisdiction where you are registered, where required by applicable law. With your express consent, We may also share your personal data with Our affiliates worldwide for marketing purposes. If We are or may be acquired by or merged with another company, if substantially all of our assets are or may be transferred to another company, or as part of a bankruptcy proceeding, We may transfer the data We have collected from you to the other company.

For the purposes noted above and any applicable retention period, your personal data are stored into European Union unless otherwise required by law. Your personal data may also be transferred to Our affiliates in any country or region where you use your account to access the Service, for IT support purposes. If you consented to receiving marketing communications, your personal data may be transferred to other countries where our brand affiliates are located. In South Korea, the categories of personal data to be transferred are: your first and last name, email address and/or cell phone number; and the retention period of the personal data by those recipient is 12 months. The list of the relevant brand affiliates is available by request to privacy@cloudi-fi.com. We take steps to ensure your personal data will only be transferred to locations outside of your home country where we are satisfied that adequate levels of protection are in place to protect personal data held in that jurisdiction, and (where we are required to do so) with your consent. When your personal data is transferred to any foreign jurisdiction, your personal data may also become subject to the laws of that jurisdiction.

Where transfers to those countries cannot rely on consent, they will be made pursuant to the standard contractual clauses approved by the European Commission, relevant national equivalents thereof, or other safeguards where permissible including ensuring compliance with the Australian Privacy Principles for Australian residents. Subject to the laws of your jurisdiction, you may have the right to object to the transfer of your personal data, and if you do not provide consent to the transfer of your personal data, you may not be blocked from receiving the Service in the future.

If you are in Austria or Spain: BY AGREEING WITH THIS PRIVACY NOTICE, YOU CONSENT TO THE ABOVEMENTIONED TRANSFERS OF YOUR PERSONAL DATA. YOU MAY WITHDRAW THIS CONSENT AT ANY TIME AS DESCRIBED FURTHER BELOW.

If you are in Austria, Brazil, Ireland, Japan, Singapore, Spain or the State of Qatar: BY AGREEING WITH THIS PRIVACY NOTICE, YOU CONSENT TO THE ABOVEMENTIONED TRANSFERS OF YOUR PERSONAL DATA. YOU MAY WITHDRAW THIS CONSENT AT ANY TIME AS DESCRIBED FURTHER BELOW.

Your rights. You have the right to access your personal data. In addition, depending on applicable law, you may have the right to (a) update, correct and/or supplement your personal data; (b) delete, anonymize or block your personal data, notably in case of unlawful processing, including unnecessary data retention; and/or (c) obtain confirmation that any entity that has received your personal data has been informed of your exercise of your rights mentioned in (a) and (b), unless a legal exemption applies (e.g., this requirement is impossible or involves the use of means manifestly disproportionate to the protected right). You may also request removal of your personal data from Our database, and object, for a legitimate purpose, or withdraw your consent, as appropriate, to the processing and/or transfer of your personal data by Us and Our service providers; in France, you also have the right to give instructions regarding the storage, deletion and communication of your personal data after your death; in Italy, you are granted with the data subjects' rights set forth under Section 7 of the Italian Data Protection Code (Legislative Decree no. 196/2003); in Greece, you are granted with the data subject’s rights set forth in the articles 11-13 of Law 2472/1997; in Hungary you are also entitled to seek remedy from the regional court having competence on the basis of your place of residence or from the Hungarian National Authority for Data Protection and Freedom of Information ( ügyfélszolgálat@naih.hu, 1125 Budapest, Szilágyi Erzsébet fasor 22/c, +36-1-391-1400, http://naih.hu); in Ireland, you have the right bring any complaints to the Data Protection Commissioner; in Puerto Rico, you have the right to bring any complaints to the Department of Consumer Affairs (“DACO”); and in Singapore, you may also request information about the ways in which your personal data has been or may have been used or disclosed by Us in the 12 months before the date of your request. To exercise these rights in accordance with applicable law, or for any question regarding this Privacy Notice, please write to privacy@cloudi-fi.com. Objection or withdrawal of your consent to the processing and/or transfer of your personal data will prevent you from accessing the Service. Objection or withdrawal of your consent to the use of your personal data for direct marketing purposes will prevent you from receiving marketing communications from us. If you notify Us of your request to withdraw your consent, We will notify you of the likely consequences of your withdrawal on receipt of the notice. We will respond to you within one month of receiving a written complaint, or within any other shorter period of time as prescribed under local mandatory laws.

In Australia, if you have a complaint about how We have handled your personal information, please contact us on the above information. You may contact the Office of the Australian Information Commissioner for further guidance (www.oaic.gov.au).

Do Not Track. The Service does not respond to Do Not Track signals. For more information about Do Not Track signals, please click here You may, however, disable certain tracking as discussed in the Cookies section below (e.g., by disabling cookies).

Opting out of Marketing Communications. We may send periodic marketing communications (including by email) to you with your consent. You may opt out of such communications by following the opt-out instructions contained in the marketing message or emailing Us at privacy@cloudi-fi.com. If you access Our Service from the US, Puerto Rico, Guam or the US Virgin Islands: Please note that it may take up to ten (10) business days for us to process opt-out requests.

Cookies. The Service uses online technologies called "cookies". Generally speaking, "cookies" are text files that are placed in your device's browser, then stored on the device, and that can be used to help recognize that browser across different Web pages, websites, and browsing sessions.

We may use cookies or similar technologies to improve use of the Service:

to help authenticate you when logging in to the Service;
to remember your preferences and registration information;
to ensure the security of use of the Service; and
to measure and obtain data to improve the effectiveness of the Service.

We use both temporary cookies ("session cookies") and long-term cookies ("persistent cookies"). Session cookies are automatically deleted at the end of each session, whereas persistent cookies are stored in between sessions so that We can remember things about you when you return to Our service and personalize or improve your experience.

More specifically, we may use the following cookies:

Name of the cookie	Stored by	Purposes	Data collected	Expiry date
cookie_langue	Cloudi-Fi	Save session language	No data collected	1 year
externeLogin	Cloudi-Fi	Save mobile number or email	Phone number or email	1 year
Email	Cloudi-Fi	Save email address	Email address	1 year
LastName	Cloudi-Fi	Save Last Name	Last name	1 year
FirstName	Cloudi-Fi	Save First Name	First name	1 year
Cookie-FI-Prd	Cloudi-Fi	Cookie session	No data collected	Deleted when tab closes.

You can manage cookies using browser controls in your device (please refer to the “help” section of your browser for details). For further information about how to delete and control cookies go to http://www.allaboutcookies.org/manage-cookies/index.html . The procedures for changing your settings and cookies differ from browser to browser. If necessary, use the help function on your browser or click on one of the links below to go directly to the user manual for your browser.

Although cookies may be disabled or deleted, you hereby acknowledge that all or part of the Service may not be accessible if you refuse cookies that are strictly necessary for the provision of the Service.

Destruction of Personal Data and Destruction Methods. Subject to mandatory local laws, we may be required to destroy your personal information without delay once they are required to be destroyed (e.g., if the purposes of collection/use of the information are fulfilled, if the statutory retention period expires), in a way that the information may not be restored or reconstructed. If printed on paper, the personal information will be destroyed by shredding or incinerating the paper documents or otherwise and, if saved in electronic form, the personal information will be destroyed by technical means to ensure the information may not be restored or reconstructed at a later time.

Welcome to our guest Wi‑Fi!