TERMS OF USE

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

ACCEPTANCE OF THESE TERMS:

Jujubeet (“Company,” “we,” “us,” or “our”) offers you the ability to connect to our WiFi (“WiFi”) when you are in or around our establishment(s). These Terms of Use (“Company Terms”) and the Terms of Use of Zenreach, Inc. (collectively, “Terms”) govern your access to and use of WiFi. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY REGISTERING FOR, ACCESSING, OR OTHERWISE USING THE WIFI, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT REGISTER FOR, ACCESS, OR USE THE WIFI. You may accept the Company Terms by: (A) clicking to accept or agree to the Company Terms where this option is made available to you; or (B) by actually using the WiFi. In this case, you understand and agree that Company will treat your use of the WiFi as acceptance of the Company Terms from that point onward.

All references to “you” or “your,” as applicable, mean the person that registers for, accesses, or uses the WiFi in any manner, and each of your heirs, assigns, and successors. If you use or access the WiFi on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

To the extent any provisions of the Company Terms conflict with the provisions of the Terms of Use for Zenreach, Inc., the latter controls.

MODIFICATIONS TO THE COMPANY TERMS:

We reserve the right, in our sole discretion, to modify the Company Terms at any time and without prior notice. Your continued access to or use of the WiFi after modifications to the Company Terms shall constitute your agreement to be bound by the amended Company Terms. If you do not agree to the modified Company Terms, you may not access or use the WiFi.

PRIVACY POLICY:

Please review our Privacy Policy and the Zenreach Privacy Policy, incorporated herein by reference, for information and notices concerning our collection, use, and disclosure of your information, and for Zenreach’s collection, use, and disclosure of your information.

ELIGIBILITY AND REGISTRATION:

Access to and use of our WiFi is available only to individuals who are 13 years of age and older, and can form legally-binding contracts under applicable law. By accessing or using the WiFi, you represent and warrant that you are eligible.

To access and use our WiFi, you must first register for an account. You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete.

LICENSE:

Subject to your compliance with the Terms, we grant you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to access and use the WiFi solely for your personal use while in our establishment(s). You will not use or otherwise exploit our WiFi except as expressly permitted in the Terms. You agree to not tamper with, interfere, circumvent any security measures, or otherwise impair the WiFi or violate any applicable law or regulation when you use or access the WiFi provided by us. The WiFi is provided AS IS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in the Terms.

ACCEPTABLE CONDUCT:

You agree to comply with all applicable laws, rules, and regulations when registering for, accessing, or using the WiFi. Without limiting the foregoing, when registering for, accessing or using the WiFi, you agree not to:

• Post, upload, publish, submit, or transmit any content that:
  • Infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  • Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
  • Is fraudulent, false, misleading, or deceptive;
  • Is defamatory, obscene, pornographic, vulgar, or offensive;
  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
  • Is violent or threatening or promotes violence or actions that are threatening to any other person;
  • Promotes illegal or harmful activities or substances;
  • Impersonates any other person or otherwise misrepresents yourself in any way;
  • Constitutes spam, or competes with our business;
  • Contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the WiFi;
• Attempt to scrape or collect any personal or private information from other WiFi users;
• Intercept, monitor, damage, or modify any communication not intended for you;
• Cause any harm or damage to you or anyone else;
• Otherwise breach the Terms; or
• Attempt to do any of the foregoing.

We and our third-party partners reserve the right to restrict or block access to certain sites or content, or to block access to the WiFi for any reason or no reason.

You acknowledge that we have no obligation to monitor your access to or use of the WiFi for violations of the Terms, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the WiFi (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.

You understand that communications over the WiFi may not be encrypted, and you accept all risks associated with unencrypted transmissions over the WiFi. Any sensitive or confidential information (such as credit card numbers or other financial information, medical or other health-related information) transmitted through the WiFi is done at your own risk, and we have no liability for any claims, losses, action, damages, suits or proceedings arising out of or otherwise relating to such actions. We are not responsible for any third-party websites or services you visit while using the WiFi, or for any programs, malicious or otherwise, that you or your device downloads while connected to our WiFi.

Performance of the WiFi:

In order to use the WiFi, you must have a WiFi-capable device that (a) meets U.S. and other applicable technical standards; (b) is compatible with the WiFi; (c) renders web pages in a standard HTML browser application; (d) runs the IP protocol; and (e) is configured to obtain web addresses automatically. The device must be in close enough proximity to the WiFi wireless access points to achieve connectivity with the WiFi network. You acknowledge that the WiFi utilizes public, unlicensed radio-frequency spectrum. As such, the WiFi is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by, (a) transmission and download speed and accuracy; (b) network congestion; (c) performance, configuration, and functionality of your devices and wireless cards (including, but not limited to memory, storage and other limitations); (d) physical obstructions and distances between your device and the WiFi network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error. The WiFi may also be interrupted, refused, limited or curtailed for these or other reasons. Company is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your device or the WiFi will operate. Actual network speed and other performance will vary.

In order to maintain acceptable levels of service for all WiFi users and to improve this service, we reserve the right to monitor use of the WiFi and to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all WiFi users. Additionally, the WiFi service may use automated processes to monitor and scan communications over the WiFi network in order to maintain and provide services, improve your experience, ensure the integrity of your communications, and for various other purposes related to the provision of WiFi services. By using the WiFi, you acknowledge and consent to Company and Zenreach’s automated processing of your communications through the WiFi network, including information such as your IP or MAC address, HTTP requests and other information related to the provision of this service.

WIFI Subject To Interception and Unauthorized Use:

You acknowledge that communications over the WiFi network may be subject to interception by unauthorized third parties. Your use of the WiFi is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of the WiFi. You are responsible for implementing your own security protections while using the WiFi. In the event you become aware of any unauthorized use of the WiFi or any other security breach, you agree to immediately notify us by at +1 (800) 807-9434 or by hello@zenreach.com. Company expressly disclaims any responsibility or liability for your use of the WiFi and for any lack of security that may result from your use of the WiFi. You agree to hold Company harmless for the loss of any file, data or other information while using the service, and for any unauthorized access to or utilization by any third party of any of your personal, financial, or other sensitive information.

You further agree that you will not seek to hold Company responsible in any way for any third party website content, the operation of any third party website accessed via the WiFi or for the appearance of any WiFi “watermark” over a portion of any website.

INTELLECTUAL PROPERTY RIGHTS:

The WiFi is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in the Terms, we and our licensors exclusively own all right, title, and interest into and to the WiFi, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of us or their respective owners.

FEEDBACK:

You agree that all feedback, comments, questions, and suggestions (collectively, “Feedback”) you provide to us are the sole and exclusive property of us. You hereby irrevocably assign to us and agree to irrevocably assign to us all your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, and waive any moral rights you may have. We have no obligation concerning Feedback, including but not limited to, no obligation to return any materials or acknowledge receipt of any Feedback. By giving us Feedback, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your WiFi registration.

ARBITRATION AND CLASS ACTION WAIVER:

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and we agree that the Company Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the other party, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Company Terms (including its formation, performance, and breach), the parties’ relationship with each other, and/or your use of our WiFi shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Company Terms, including, but not limited to any claim that all or any part of the Company Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (A) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover. You may find a copy of a Demand for Arbitration at www.jamsadr.com; (B) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (C) Send one copy of the Demand for Arbitration to us at 1 Letterman Dr, Bldg C, Ste 3500, San Francisco CA, 94129.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $10,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in the State of California, United States of America, and you and we agree to submit to the personal jurisdiction of any federal or state court in BELLEVUE, WA, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to hello@zenreach.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first access of the WiFi, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them.

Changes to this Section: We will provide sixty (60) days’ notice of any changes to this section. Changes will become effective on the sixtieth (60th) day, and will apply prospectively only to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the Section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the WiFi.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your WiFi registration.

GOVERNING LAW:

The Company Terms and the relationship between you and us shall be governed in all respects by the laws of the State of WA, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against us that is not subject to arbitration must be resolved by a state or federal court located in BELLEVUE, WA, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within BELLEVUE, WA for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

DISCLAIMERS:

OUR WIFI SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE WIFI WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY THAT WE WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE WIFI, AND WE RESERVE THE RIGHT TO CHANGE OR TERMINATE THE WIFI WITHOUT NOTICE TO YOU. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE WIFI OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WIFI.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE WIFI, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS MADE THROUGH THE WIFI.

LIMITATION OF LIABILITY:

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WIFI REMAINS WITH YOU. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE COMPANY TERMS OR FROM THE USE OF OR INABILITY TO USE THE WIFI EXCEED THE AMOUNT YOU HAVE PAID FOR USE OF THE WIFI OR $100, WHICHEVER IS HIGHER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY:

You agree to defend, indemnify, and hold us, our subsidiaries and affiliates, and our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the WiFi, or your violation of the Terms.

GENERAL:

No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to the Terms.

Entire Agreement: The Company Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies applicable to you through access to or use of the WiFi, shall constitute the entire agreement between you and us concerning the WiFi service. If any provision of the Company Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Company Terms, which shall remain in full force and effect.

Waiver: No waiver of any provision of this the Company Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Company Terms shall not constitute a waiver of such right or provision.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the WiFi offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Section Headings: The section headings and Tips sections in the Company Terms are for convenience only and have no legal or contractual effect.

Contact Information: If you have any questions about the Company Terms or the WiFi service, please contact us by sending an email to hello@zenreach.com.

PRIVACY POLICY

Effective as of April 1, 2016

Welcome to Jujubeet(“Company,” “we,” “us,” or “our”). We care about your privacy, so we provide you with this privacy policy (“Policy”) to describe the information we collect, how we use it, and when and with whom we share it. This Policy applies to your registration for, access to, and use of our WiFi service (“WiFi”). By registering for, accessing or otherwise using the WiFi, you agree to this Policy. IF YOU DO NOT AGREE TO THIS POLICY, YOU MAY NOT REGISTER FOR, ACCESS, OR USE THE WIFI.

By registering for, accessing, or using the WiFi, you understand that certain data transmitted through the WiFi will be submitted to our service provider, Zenreach, Inc. (“Zenreach”). As set forth in this Policy, we may share some or all data collected through our WiFi or other products with Zenreach, and you agree that such data shall be subject to Zenreach’s privacy policy. For example, we may share data with Zenreach to enable us or our authorized service providers to send you emails that may interest you, including emails containing promotions, special events, or discounts.

To the extent any provisions of this Policy conflict with the provisions of the Zenreach privacy policy, the latter controls.

INFORMATION WE COLLECT:

We collect information in multiple ways, including when you provide information directly to us and when we passively collect information from you, such as information collected from your browser or device.

Information You Provide Directly To Us

We may collect information from you during your registration for, access to, or use of the WiFi, such as when you register to use our WiFi or when you otherwise communicate with us through the WiFi.

The information you provide directly to us through the WiFi may include, but is not limited to, your name, email address, and birthday. You are not required to provide us with such information, but the provision of certain information is necessary to complete your registration to use the WiFi.

Information from Affiliated and Non-Affiliated Parties

We may collect information about you through any of our affiliates or through non-affiliated third parties. For example, we may obtain information about your interests through nonaffiliated third parties. We may combine information that we collect from you through the WiFi with information that we obtain from such third parties and information derived from any other products or services we provide.

Information that is Passively or Automatically Collected

Device/Usage Information: We and our third-party service providers, including Google Analytics and Zenreach, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile device) you use to access the WiFi. As described further below, we may collect and analyze information including, but not limited to: (1) browser type; (2) ISP; (3) operating system; (4) access time; (5) IP address; (6) unique device identifiers (e.g. IDFA or Android ID); (7 the type of device that you use; (8) the MAC address of your device; and (9) information regarding the location of certain routers through which your device has connected to the Internet. We may also track how frequently you access or use the WiFi. We and/or our service providers use this information (including the information collected by our third-party service providers) for analytics, to assist us in determining relevant advertising, to evaluate the success of our advertising campaigns, and as otherwise described in this Policy.

Location Information: When you access or use the WiFi, we and/or our third-party service providers may collect location information (e.g. through your device MAC address). If you do not want to send such information, you can disable the wifi on your device. See your device manufacturer’s instructions for further details.

Cookies and Other Electronic Technologies: We and our third-party service providers may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand user behavior, personalize preferences, perform research and analytics, and improve the WiFi, or other products and services we provide. We or our third-party service providers also may use certain of these technologies in emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from accessing or taking full advantage of the WiFi.

HOW WE USE THE INFORMATION WE COLLECT

We may use your information for any of the following reasons:

• For the purposes for which you provided it;
• To enable you to register for, access, or use the WiFi;
• For customer support and to respond to your inquiries;
• For internal record-keeping purposes;
• To improve and maintain the WiFi and other products or services we offer;
• To periodically send promotional emails regarding new offerings, special offers, or other information that may interest you;
• To allow us to personalize the content and advertising that you may see when using the WiFi and to understand how users interact with and use our advertisements and WiFi;
• For other research and analytical purposes; and
• To resolve disputes, to protect ourselves and other users of the WiFi or visitors to our establishment(s), and to enforce any legal terms that govern your use of the WiFi.

We may combine information that we collect from you through your registration with, access to or use of the WiFi with information that we obtain from affiliated and non-affiliated third parties, and information derived from any other products or services we provide. For example, we or our service providers may combine information we collect through our WiFi service with information we collect through third parties or through your other interactions with us.

We may aggregate and/or de-identify information collected through the WiFi. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties.

WHEN WE DISCLOSE YOUR INFORMATION

Unless otherwise described in this Policy, we may also share the information that we collect from you through your registration with, access to, or use of the WiFi as follows:

• Affiliates. We may share your information with any of our affiliates.
• Consent. With your consent, we may disclose your information with non-affiliated third parties. Such consent includes the disclosure of your information (1) to provide services or products that you have requested (please see below for more details); (2) when we have your permission; or (3) as described in this Policy, the Terms of Use, or any other legal terms governing your use of the WiFi.
• Service Providers. We may provide access to your information to select third parties who perform services on our behalf and for any other legitimate business purposes. These third parties provide a variety of services to us, including without limitation, sales, marketing, advertising, market research, data storage, analysis and processing, and legal services.
• Legal Requirements. We may disclose your information when we believe in good faith that such disclosure is necessary or permitted in response to any subpoenas, court orders, or other legal process we receive, or to establish or exercise our legal rights or to defend against legal claims.
• Protection of Us and Others. We may disclose your information when we believe it appropriate to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use or any other legal terms governing use of the WiFi, and/or to protect our rights and property.
• Business Transfers. As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, including the evaluation of such transactions before they are finalized or where there is any change of control of us, user information may be among the transferred or disclosed assets.

Our WiFi is made available through our business partner, Zenreach. We may share some or all data collected through our WiFi or other products with Zenreach, and you agree that such data shall be subject to Zenreach’s privacy policy. Please review Zenreach’s privacy policy to understand how Zenreach uses your information, the circumstances in which Zenreach may share our information, and choices available to you regarding your information. Among other things and as further described in Zenreach’s privacy policy, you understand and agree that Zenreach may obtain location information about you through your access to or use of our WiFi and other wifi locations operated or otherwise affiliated with Zenreach.

ONLINE ANALYTICS AND TAILORED ADVERTISING

Online Analytics

We may use third-party web analytics services through the WiFi, such as those of Google Analytics. These service providers use the sort of technology described in the Information that is Passively or Automatically Collected section above to help us analyze how users use the WiFi. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the WiFi. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on by clicking here.

Tailored Advertising

Third parties whose products or services are accessible or marketed via the WiFi may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your access to or use of the WiFi in order to (i) inform, optimize, and serve marketing content based on your access to or use of the WiFi and (ii) report how our marketing content impressions, other uses of marketing services, and interactions with these marketing impressions and marketing services are related to visits to our establishment(s), access to, or use of our WiFi. We may also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to serve tailored marketing to you through the WiFi, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the WiFi. We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the WiFi by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human readable form.

If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing (i.e., not just for the WiFi), you may visit the Network Advertising Initiative’s Consumer Opt-Out Link and/or the Digital Advertising Alliance’s Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the WiFi, you may still receive advertising content even if you opt-out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI’s and DAA’s websites accessible by the above links.

CALIFORNIA DO-NOT-TRACK DISCLOSURE

We do not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations and solutions.

YOUR CALIFORNIA PRIVACY RIGHTS

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. We currently do not disclose your personal information to third parties for their direct marketing purposes. If this changes in the future, we will update this Privacy Policy and provide information describing how you may request this information.

CHILDREN’S PRIVACY

Only persons 13 years of age or older may use the WiFi. If we discover that a child under 13 has provided us with personal information through the WiFi, we will delete such information from our systems.

How we protect information

We have implemented reasonable administrative, technical, and physical security measures to protect against the unauthorized access, destruction or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect, process and store and the current state of technology.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

USE OF THE WIFI BY USERS FROM OUSTIDE THE UNITED STATES

The WiFi is hosted in the United States and is governed by United States law. If you are using the WiFi from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our databases are operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the WiFi, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in our Policy.

LINKS TO EXTERNAL PLATFORMS

The WiFi portal may contain links to other websites or resources over which we do not have any control. Such links do not constitute an endorsement by us of those external websites. You acknowledge that we are providing these links to you only as a convenience, and further agree that we are not responsible for the content of such external websites or the protection and privacy of information you provide while visiting such external websites.

YOUR DATA CHOICES

You may review, correct, and delete certain information about you by contacting us at the email address below. You must promptly update your WiFi registration information if it changes or is inaccurate. You may unsubscribe from our email promotions through the opt-out link provided in our promotional emails. As described above in the Information That is Passively or Automatically Collected section, you may elect not to provide certain information to us by disabling the wifi on your device, but you will not be able to access the WiFi.

We may retain information from deleted WiFi registrations in order to comply with the law, prevent fraud, troubleshoot problems, enforce our Terms of Use, and/or for any other purposes otherwise permitted by law that we deem necessary in our sole discretion.

CHANGES TO THIS POLICY

We reserve the right to change this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our WiFi, or advances in technology. Please check this page periodically for changes. Your continued use of the WiFi following the posting of changes to this Policy will mean you accept those changes.

CONTACT US:

If you have any questions about the Policy or the WiFi, please contact us by sending an email to hello@zenreach.com.