THREE Wifi Terms and Conditions and Privacy Notice

THREE Wifi Terms and Conditions

This is a free wireless internet hotspot service (the “Service”) provided by Three Ireland Services (Hutchison) Limited (“Three”). You are required to log-in individually as an independent user. These Terms and Conditions and Privacy Notice govern the provision of the Service between you and Three and constitutes our agreement (the “Agreement”).

1. The Agreement

1.1 This Agreement applies from when Three accepts your request for the Service. Please read these Terms and Conditions carefully and our Privacy Notice below before activating the Service with us.

1.2 By using and/or activating the Service with us and/or clicking the accept button on the login/registration page, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Service.

1.3 Three may modify the Agreement at any time. In accordance with clause 1.2, use of the Service constitutes acceptance of the terms of the Agreement current at that point in time.

1.4 These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Three for products, services or otherwise. This Agreement contains disclaimers and other provisions that limit our liability to you.

2. Providing the Service

2.1 You are responsible for providing all hardware and other equipment required to access and use the Service (a ‘‘Device’’). You are responsible for ensuring the compatibility of your Device with the Service.

2.2 Service is available to your Device only when it is within the range of our Service.

2.3 Three will provide the Service with reasonable skill and care. To the fullest extent legally permitted, the Service is provided without any additional warranty, guarantee or commitment. To the fullest extent legally permitted, Three does not warrant that the Service is fault-free or fit for any particular purpose, or that our system is secure. You assume all responsibility and risk for use of the Service.

2.4 Three will always try to make the Service available but it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures or due to an emergency. Three is not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Service.

2.5 Three reserves the right to immediately and without notice suspend your access to the Service if Three suspects that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).

2.6 Network speed is no indication of the speed at which your Device connected to the Service sends or receives data. Actual network speed will vary based on Device configuration and network congestion. The accuracy and timeliness of data sent or received is not guaranteed and you accept that delays or omissions may occur.

3. Use of the Service

3.1 The Service is made available provided:

(a) You do not use the Service for anything unlawful;

(b) You do not use the Service to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, defamatory, threatening, a nuisance, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy, or which is otherwise objectionable;

(c) You do not act nor knowingly permit others to act in such a way that the operation of the Service or our systems will be adversely impacted or impaired;

(d) You do not use the Service to access or use content in a way that infringes the rights of others.

3.2 You accept that your entitlement to use the Service is for your personal use only and that you are not entitled to transfer your entitlement to use the Service to any other person or allow any other person to make use of the Service or of any username or password or other entitlement supplied to you in connection with the Service.

3.3 You have no proprietary or ownership rights to any username or password or to a specific IP address assigned to your Device. Three may change such addresses at any time or deactivate or suspend Service to any address without prior notice to you if Three suspects any unlawful or fraudulent use of the Service.

4. Content disclaimer

4.1 Three does not control, nor is it in any way liable for, data or content that you access or receive via the Service. The internet contains unedited materials, some of which may be sexually explicit or offensive to you.

4.2 Three is not a publisher of third party content that can be accessed through the Service and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content.

4.3 It is your responsibility to evaluate goods and services offered by third parties accessible via the Service. Three will not be a party to nor in any way be responsible for any transaction concerning third party goods and services.

4.4 If you choose to use the Service to access web sites or content provided by third parties or purchase products from third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies and Three has no responsibility for their policies, or third parties’ compliance with them.

4.5 Three is providing this Service free of charge, and is intended to support general web browsing activities. Due to limited bandwidth and to ensure a consistent experience for all customers, our Service may not support high-bandwidth actions such as streaming music, streaming video or downloading large files.

5. Fair Usage

To ensure the provision of a quality of Service to all users of the services and to ensure that the behaviour of some Service users does not disadvantage the majority of Service users, you agree to abide by any fair use policy which Three may apply.

6. Security

6.1 The registration process requests that you provide certain details which must be used in order to access the Service. You must treat your username and password as confidential and you must not disclose such details to a third party. All information provided to us by you during the registration process shall be true and accurate and will be relied upon by us for the provision of the Service.

6.2 You are solely responsible for all use of and for protecting the confidentiality of your username and password.  You are responsible for all activities that occur under your registration. Any breach of security of a username and password should be notified to us immediately. Three has the right to disable your username and/or password at any time if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.

7. Limitation of Liability

7.1 Nothing in this Agreement restricts or excludes either party’s liability for fraud or for death or personal injury caused by it or its employees’ or agents’ negligence, nor for any other liability which cannot be excluded or limited by law.

7.2 Three is not liable to pay damages for any losses caused by failures, errors, delays or interruptions relating to the Service, including as a result of any failure to supply the Service because Three is prevented by events outside our reasonable control.

7.3 Three is not responsible for any goods or services supplied in a separate agreement with another supplier, even if access to those goods or services is through our network.

7.4 Each party's total liability to the other party with respect to this Agreement for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed €1,000.

8. Termination

Three can cancel this Agreement immediately if you break an important condition of this Agreement or break a number of less important conditions as determined by Three acting reasonably.

9. General

9.1 You may not transfer or try to transfer any of your rights and responsibilities under this Agreement without our consent. Three may transfer our rights and responsibilities to any third party without your permission.

9.2 The laws applicable to the interpretation of the Agreement shall be the laws of the Republic of Ireland.

9.3 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

9.4 Three reserves the right to amend these Terms and Conditions at any time.

THREE Wifi Privacy Notice

1. General: This Privacy Notice

explains how Three (including our group companies and any third parties engaged by us to help us provide you with the Service) use personal information provided by and about you when you use the Service. This Notice is in addition to our general Privacy Policy setting out how your personal data will be processed by Three available at http://www.three.ie/privacy-policy/ and our Cookie Policy on http://www.three.ie/cookie-policy/ Please check the Privacy Policy for other general details.

2. Use of the Service:

Where you do not agree to any of the provisions of this Privacy Notice please do not register for or use the Service. By signing up for and using the Service you agree that you have read, understood and (where appropriate) consented to this Privacy Notice.

3. Collection of your data:

When you register for and use the Service, Three will process and use the following categories of information: (i) your registration details and any other data you make available to us through the Service; (ii) information relating to how you use the Service including how frequently the Service is used and for how long; the store location you’re in while using the Service; the websites visited while connected to the Service; the type of Device used; and the amount of data consumed while connected to the Service. Please note this data is aggregated for statistical purposes; (iii) any interaction with Three relating to the Service; (iv) any information collected via cookies or similar technologies used on www.three.ie. To find out more visit our Cookie Policy available at www.three.ie/cookie-policy/; and (v) where available in any particular store, any direct marketing permissions you choose to provide to a specific partner.

4. Use of your data:

Three will use and analyse the data and information listed above for the following purposes: (i) to provide the Service to you, including security and authentication; (ii) to remember you when you reuse the Service in future in any location where the Service is available. You can deregister at any time by emailing your registration details (excluding password) to 3WiFisupport@three.ie; (iii) to anonymise and aggregate data about your use of the Service to prepare statistics and analytics. This information will not identify you but can be used to measure the effectiveness of the Service; report anonymised statistics to our partners; or to improve the Service or our other services; and (iv) where you consent to receive direct marketing from a specific partner of ours, Three will provide that partner with your registrations details so that they may contact you directly in the ways set out in the consent provided. More details about direct marketing is provided below in section 6.

5. Disclosure of your data:

Your personal data may also be processed by other organisations on our behalf for the purpose of providing the Service to you. We may disclose your information to other members of our group of companies, and to our or their partners, associates, agents or subcontractors and to possible successors to our business. Where you provide consent to direct marketing by a specific named partner, we will provide your registration data to that partner as per your consent. Some of these parties may reside outside the European Economic Area (which currently comprises the Member states of the European Union plus Norway, Iceland and Liechtenstein). If we do this, your information will be treated to the same standards adopted in Ireland. We may also disclose your information for the prevention and detection of crime and to protect the interests of Three and other users or if required to do so by law. We take the security of the data that we process seriously. However, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the Service. Any transmission is at your own risk.

6. Direct marketing:

In certain stores where the Service is offered, you may be provided with the option of giving direct marketing consent to a specific named partner. Where that is available, it is optional. If you choose to sign up to direct marketing from that partner, Three or our service providers on our behalf will provide your registration details to that named partner. Following this, that partner may contact you directly about products, services, promotions, information and offers under the terms of their privacy notices. You can opt out at any time with that partner using the opt-out methods they provide.

7. Your rights:

Data protection law gives you the right to access, erase or correct information held about you in certain circumstances. You have the right to request a copy of any personal information we hold about you. We may charge an administrative fee to provide a copy of any data held and we may request a copy of ID to confirm your identity. To make such a request, please write by sending an email to privacy@three.ie or the Data Protection Officer, Three Ireland (Hutchison) Limited, 28/29 Sir John Rogerson's Quay, Dublin 2.

8. Updates:

If we update this Privacy Notice we will post the amended Notice on our website or in our app so that you are always aware of how we collect, use and disclose your personal information for the Service. www.three.ie

Three Ireland Services (Hutchison) Limited

Registered office: 28/29 Sir John Roberson’s Quay, Docklands, Dublin 2

Registered number: 234895