Please read these Terms and Conditions carefully. Both the acceptance and use of this service expresses the user’s full and unreserved acceptance of the terms of these Terms and Conditions. The USER hereby agrees to have read, understood and accepted these Terms and Conditions.

 

 

DEFINITIONS

 

·         WIFREE.ZONE: trademark that offers the Wi-Fi service and belongs to the company CREATEC INTERACTIVA S.L.

 

·         User: Physical person over fourteen years old who accesses the Wi-Fi network, free of charge, of the premises where he/she is physically located as a CLIENT.

 

·         Personal data: any information concerning identified or identifiable natural persons.

 

·         Domain name: A set of characters that identifies an Internet site with an address (IP).

 

·         Service: Use of the Wi-Fi network on the commercial premises (hereinafter, PREMISES) where you are physically located as a Client.

 

·         MAC Address: Unique identifier associated with the network card of your device.

 

·         IP address: Number that identifies, logically and hierarchically, the interface (communication/connection element) of a network device.

 

·         Cookies: text string installed in the user's terminal which sends information each time the user accesses the service, used to identify the device.

 

 

OBJECT

 

The purpose of these Terms and Conditions is to regulate the use of the Wi-Fi network (hereinafter the SERVICE) by customers of the commercial premises, institution or agency for profit or otherwise (hereinafter PREMISES), physically located within the same.

 

The systems, access thereto and use are managed by CREATEC INTERACTIVA S.L. and are provided to customers of said PREMISES.

 

 

 

 

 

 

ACCEPTANCE

 

Once you have accepted the general conditions and access the SERVICE, as a customer of the PREMISES, you take on the condition of USER. This condition of USER implies the ACCEPTANCE of all the stipulations of these terms of use and the specific conditions that may be applicable, as the case may be, to the selected content or service. In any case, any use of the service is subject to strict compliance with these terms, specific conditions and any legal warnings and recommendations that may be applicable.

 

COST

 

Access to the Wi-Fi network in the PREMISES is provided free of charge for customers who sign up as USERS by accepting these Terms and Conditions.

 

SERVICE DESCRIPTION AND REGISTRATION

 

The USER, customer on the premises, may connect to the Wi-Fi network on the PREMISES, after asking staff for the network name. Once connected to the Wi-Fi network with their device, USERS will have access to the Internet and will be routed automatically to the PREMISES’ access website managed by CREATEC INTERACTIVA S.L. under the WIFREEZONE brand. In order to use the PREMISES’ Wi-Fi network, USERS must first register.

 

USERS may register by filling in the mandatory fields of the enabled form (if the PREMISE has chosen this option) or by entering their identification and authentication data from the social network shown. If users register through the social network in question, they must grant the mandatory authorisations requested by the application and cannot access the SERVICE otherwise.

 

If they choose to register using the WIFREEZONE registration form, the fields requested at the time of registration identified with an asterisk (*) are considered mandatory fields, and users may not continue with the registration process unless they complete them. The remaining fields are regarded as voluntary fields. By registering through social network, the fields to be completed are those required by the network in question to identify and authenticate users.

The registration also implies obtaining certain device data which are also considered necessary to be able to use the SERVICE, in particular the data related to the operating system of the device with which the SERVICE is connected as well as personal data obtained through the authentication system via social media or other data provided by the user in the authentication process. Data may also be collected regarding the MAC address of the device used, date and duration of the connection, local IP address and other comparable data, for security and analytical purposes. Likewise, regardless of the registration system used, users must check the "I accept the Terms and Conditions" box.

 

USER OBLIGATIONS AND LIMITATIONS

 

The SERVICE may only be used by persons who have the status of customers at the PREMISES, are over 14 years of age and are physically located in the premises. The use of the SERVICE is therefore expressly prohibited for any persons who are not customers of the PREMISES, are not physically located in the same or are under 14 years of age.

It is expressly stated that the Wi-Fi access service will be used diligently and correctly.

 

The USER undertakes not to use the SERVICE for carrying out illegal or immoral activities, actions contrary to accepted practice and/or for purposes or effects that are illicit, prohibited or damaging to the rights and interests of third parties, or in any way damaging, disabling, overburdening, impairing or impeding the normal use of SERVICES; documents, files and all kinds of content stored on any computer accessible through the Internet.

 

The USER must provide truthful information at the time of registration, undertaking to communicate any changes that occur thereto in order to have updated data by means of communications addressed to admin@wifree.zone

 

USERS will only be able to use the service as long as they remain in the physical space comprising the PREMISES. The installation or storage at the PREMISES of devices that can be connected permanently is prohibited.

The PREMISES and CREATEC INTERACTIVA, S.L. waive any liability that could result therefrom.

 

In particular, the USER undertakes not to use, transmit or disseminate the following (strictly indicative and non-exhaustive):

 

Obscene content or materials: use of Wi-Fi access services to advertise, send, store, share, display or make available child pornography or obscene material.

 

Defamatory or abusive language: use the Wi-Fi network to send or advertise language which is defamatory, harassing, abusive, threatening or otherwise contrary to the right to honour, personal or family privacy or image of the natural and legal persons in question.

 

Illegal or unauthorised access to other systems or networks: illegal or unauthorised access to systems or networks belonging to another person, or to try to overcome security measures of another person's system (known as hacking). Any activity that could be used to attack a system (i.e., port scanning or information gathering).

 

Distribution of viruses, worms or trojans over the internet, or any other destructive activity; distribute information about the creation or transmission of viruses over the Internet such as worms, trojans, saturation, e-mail bombing, or denial of service attacks; create or manage botnets and/or activities that disrupt or interfere with other people’s effective use of network resources.

 

Make fraudulent use of the IP address provided during each access.

Any other form that is contrary to, disrespects or violates the Basic Rights and public freedoms recognised in the Spanish Constitution, in International Treaties and in other legislation in force around the world.

 

The USER acknowledges and accepts that the use of Wi-Fi access service be carried out for private and personal purposes. Its use for any business and/or commercial activity is expressly prohibited.

 

 

DATA PROTECTION

 

1. INFORMATION ABOUT DATA PROCESSING

 

In compliance with the provisions of Article 5 of Spanish Organic Law 15/1999, of 13 December, on the Protection of Personal Data (hereinafter referred to as the LOPD), users are informed, expressly, precisely and unequivocally that the data they supply in order to use the WiFi network available for customers will be stored in files by «empresa», for the following purposes:

 

-          Provision of the WiFi service network.

 

-          Development of statistical studies and analysis of uses of the platform, such as connection times or duration. To this end, data from the platform may be connected with other solutions to improve the user experience.

 

-          Data may also be used to send users commercial communications and promotional offers related to «empresa» and may be passed to any of the companies operating under the AYREHOTELES brand and FIESTA HOTELS & RESORTS, S.L. (dedicated to tourism and catering), for commercial or promotional purposes, with the user expressly consenting by ticking the corresponding box.

 

Your data will be provided to the following entities:

 

-          The entity responsible for data processing: «empresa»

 

-          The entity responsible for service provision of I.T. infrastructure: CREATEC INTERACTIVA, S.L.

 

Under no circumstances will «empresa» or CREATEC INTERACTIVA, S.L. have access to information about pages visited by the user.

 

2. CONSENT

 

Consent for the processing of your personal data for the purposes described in the previous section is given by ticking the corresponding boxes on the access captive portal.

 

3. REQUIRED DATA

 

It is obligatory to complete each of the requested fields in order to use the WiFi network. Failure to provide your data will result in denial of access to the customer WiFi network.

 

4. DATA QUALITY PRINCIPLE

The receiver of the service is solely responsible for ensuring the accuracy and authenticity of the data provided. «empresa» acts in good faith as a mere service provider.

 

In the event of a service receiver providing false details or data for third parties without their consent, they will be personally liable to «empresa», the affected parties, the Spanish Data Protection Agency, and where applicable, regional data protection agencies for responsibilities arising from said circumstances.

 

«empresa» does not collect data from persons under fourteen years of age wishing to use the WiFi network. In the event of a person under fourteen years of age providing their data through one of the forms provided on our website or any other channel used for this purpose, the data will be destroyed as soon as it is discovered. 

 

5. DATA SECURITY

«empresa» and CREATEC INTERACTIVA, S.L. is committed to meeting its privacy obligation with respect to personal information and its duty to protect it and will take all the technical and organisational security measures necessary to avoid the alteration, loss, misuse or unauthorized access thereof, taking into account the the state of technology, the nature of the data stored and the risks to which it is exposed, be that human action or the physical or natural environment as described in Title VIII of the Royal Decree 1720/2007, of 21 December, approving the Regulation implementing Organic Law 15/1999, dated 13 December, on Personal Data Protection.

 

6. EXERCISE OF RIGHTS

In compliance with the provisions of the LOPD and with Royal Decree 1720/2007, of 21 December, approving the Regulations for the development thereof, the client may at any time exercise his or her rights of access, rectification, cancellation and opposition, by contacting the data processor, attaching a copy of their National Identity card.

 

7. DATA PROCESSOR

 

The mailing address is «empresa», Avda. Bartolomé Rosselló, 18, 07800, Ibiza, Balearic Islands.

 

 

 

 

SECURITY

 

The service uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorised access to data. To achieve these goals, USERS agree for CREATEC INTERACTIVA, S.L. to obtain the necessary data for the corresponding authentication of access controls.

 

EXCLUSION OF WARRANTIES AND LIABILITY

 

Except in cases expressly stipulated in these Terms and Conditions, neither the PREMISES nor CREATEC INTERACTIVA, S.L. shall be liable in any case whatsoever for damages of any nature that may result from a lack of accuracy, completeness, relevance and any other errors or omissions affecting information and services that can be accessed through the SERVICE, nor do these parties assume any responsibility or undertake any commitment to verify or monitor its contents and information. The PREMISES and CREATEC INTERACTIVA, S.L. undertake no liability for damages of any kind that could be due to the services provided by third parties through this service as well as the means they make available to manage service requests.

 

Given the large number of external factors beyond its liability in the provision of this type of service, neither the PREMISES nor CREATEC INTERACTIVA, S.L. guarantee, either implicitly or explicitly, the services that the USER intends to obtain from the Internet in any given circumstance. Thus, the following, without limitation, are not guaranteed:

 

The availability and continuity of the SERVICE at all times and from any place.

 

Uninterrupted access to internet services at all times.

Levels of quality, interoperability, speed and functionality of internet services to which the USER accesses.

 

The compliance and suitability for a particular and/or specific purpose of services offered.

 

The veracity, accuracy, completeness, legality, reliability, and up-to-date status of internet services.

 

The absence of viruses or other harmful elements in the contents or services provided through the access service facilitated by Wi-Fi spaces.

Unauthorised access and/or alteration of data stored and transmitted on internet sites.

 

 

APPLICABLE LAW AND COMPETENT JURISDICTION

 

These Terms and Conditions will be governed by Spanish legislation. For any dispute or controversy or for any actions arising from the provision of the service and the interpretation, application, compliance or breach of what is established herein, all parties, expressly waiving any other applicable jurisdiction, subject to the jurisdiction of the Courts and Tribunals of the city of Huelva.