Trading terms – WiFi annex

Section One: Terms and Conditions

  1. General

1.1. The terms and conditions set out in this Annex relate to our hosted WiFi service and are in addition to our general Trading Terms.

1.2. The WiFi Service means the service we provide to you for the use of internal WiFi as well as providing WiFi for use by your customers.

1.3. We may from time to time amend the Terms, Charges or Services.   Whenever we make such changes, we will update the Website to reflect this and notify you in writing to your nominated email address that forms part of your Master Contact Details.

1.4. All definitions used in the main body of the standard terms apply to this Annex.

1.5. Any reference to a “clause” is to a clause of the general Trading Terms.  Any reference to a “paragraph” is to a paragraph of this Annex.

1.6. Other definitions that appear only in this Annex have the meanings set out below:

  •  “AWS” means EC2 Amazon Web Services, the online web hosting service operated by Amazon Inc. as specified at: https://aws.amazon.com/ec2/;
  •  “AWS Customer Agreement” means the contract terms specified by Amazon in connection with use of AWS which may change from time to time, the current version of which is set out at: https://aws.amazon.com/agreement/;
  • “Purple” means Purple WiFi Ltd , as specified at https://purple.ai/privacypolicy/
  • “Purple Portal” means your online portal for accessing Data collected via the Purple WiFi Service
  • “Globe2 Hosted Wifi” means Ubiquiti or TpLink hardware controlled by a hosted controller, which is stored on AWS.
  • “WiFi Service” has the meaning given to it in paragraph 1.1;
  •   “Content” means all Data associated stored using the WiFi Service;
  •  “Globe2 Personal Data” means “personal data” processed in the course of our business and for which we are the “data controller” for the purposes of the Data Protection Act 1998.
  1. Use of the Services

2.1. To use the WiFi Service, you must:

2.1.1. Purchase from us and keep active a WiFi Service, this could be Purple Wifi or Globe2 Hosted Wifi;

2.2. Once activated, the Wifi Service will store information about devices that connect to the WiFi Access point, including:

  • the device manufacturer
  • the device MAC code
  • the when the device connects
  • the amount of data upload/downloaded

In addition, depending on the Service that you purchase and the set up that you request, the WiFi Service may also store your customer’s:

  • name
  • email address
  • social media profile, which can include photo, interests and likes
  • gender
  • location

2.3. You acknowledge and agree that at all times:

2.3.1. You will comply with all relevant Law.  The storing of Personal Data engages a number of legislative instruments and areas of law.  This may include, without limitation, the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Investigatory Powers Act 2016, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and the common law concerning confidence and privacy.  Without affecting the provisions of clause 8 of the Main Body Terms, you are solely responsible for complying with all relevant Law and you acknowledge and agree that failing to do so may result in legal liability to you.  You are strongly advised to seek independent legal advice concerning your storing of Personal Data using the CRM Service;

2.3.2. You will remain solely responsible for:

2.3.2.1. notifying the users of the Wifi Service that the Data is being recorded and (where appropriate) seeking consent in accordance with relevant Law; and

2.3.2.3. the Content generated by means of the WiFi Service which is stored on AWS or your Purple Portal.  We will have no liability to you for any loss or corruption of Content stored in either location.

2.4. We will only access your AWS or Purple account for the purposes of providing the WiFi Service.

2.5. If the AWS Customer Agreement or Purple agreement changes such that we can no longer provide the WiFi Service, the Contract for the Service will come to end and any loss will lie where it falls.

  1. Data Protection Act compliance

3.1. You acknowledge and agree that, for the purposes of the Data Protection Act 1998:

3.1.1. The Data recorded constitute “personal data” and may, depending on the content, constitute “sensitive personal data”;

3.1.2. You are the “data controller” and, in respect of enabling the recording of data using the WiFi Service, we are the “data processor”;

3.1.3. You are solely responsible for determining appropriate data retention periods for the Content stored, and acting accordingly to effect deletion, for the purposes of relevant Law.

3.1.4. As data controller for the Content, you permit us to carry out data processing by means of operating the WiFi Service in accordance with the Terms.

3.1.5. In relation to our duties as data processor:

3.1.5.1.  We agree to use our reasonable endeavours to comply with any reasonable and lawful instruction which you, as the data controller, give to us in connection with the Content (and we will not act on instructions from any third party in respect of the processing, except where it is necessary to comply with a relevant regulatory authority or is otherwise required under relevant law);

3.1.5.2. We will carry out the relevant processing of the Content with the same degree of skill and care as we exercise in respect of the processing of Globe2  Personal Data and, in any event, in accordance with obligations equivalent to those imposed on a data controller by the seventh principle of the Data Protection Act 1998.

  1. Indemnity

4.1. In addition to any indemnity set out in the general Trading Terms, you agree to fully indemnify us and keep us fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by us in connection with:

4.1.1. Your breach of any relevant Law (including, but not limited to the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Investigatory Powers Act 2016, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000), the General Data Protection Regulation and the common law concerning confidence and privacy; or

4.1.2. Your breach of the Terms.

  1. Availability of the WiFi Service and Content after suspension or termination

5.1. We do not provide a back-up of your Data or Content or guarantee the integrity of your Data or Content.  If you wish to keep any back-up of Content, you should ensure it is done so in accordance with all relevant Law.

5.2. You will be unable to access the WiFi Service if:

5.2.1.  in accordance with the Terms, we suspend your WiFi Service or terminate the Contract for either; or

5.2.2. Amazon suspends the AWS service in accordance with the AWS Customer Agreement or Amazon terminates the AWS Customer Agreement.

5.2.3. Purple suspends the Purple service in accordance with the Purple Customer Agreement or Purple terminates the Purple Customer Agreement.

5.4. If you revoke our access to your Purple portal, we will have no liability to you and we will be unable to support the WiFi Service until our access is restored.

5.5. If you choose to terminate the Contract for your relevant WiFi Service, or you terminate the Purple Customer Agreement, you will be unable to use the WiFi Service after the relevant notice period expires.

5.6. Where any of the suspension, termination or access-revocation events set out in paragraphs 5.2 to 5.5 occur, we will have no liability to you provided we act in accordance with the Terms.

Section Two: Price Lists

  1. General

6.1. Details of all prices in this Annex are exclusive of VAT.

6.2. The prices for our Goods and Services will be those which are set out on the Website at the date on which the Contract is formed (as described in clause 4.3), and will be confirmed on the Order Confirmation.