Terms of Service
The following terms and conditions of service ("TOS") govern all use of Zoottle, Inc.’s ("Zoottle") website ("Website")and mobile application platform that allow users to connect to Wi-Fi networks provided by shops, cafes and other locations who use the Zoottle platform ("Operators") by logging in via email and password or via social media accounts (the "Services"). By using the Services, you represent and warrant that you are over 18 years old. These TOS applies to all mobile applications published by Zoottle, Inc. and all the Services.
Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Zoottle.
1. How to subscribe to Zoottle and use Wi-Fi
Zoottle offers you the possibility to use the free connectivity Wi-Fi offered Operators by joining the network through authentication via selecting one of the four following options that the Operator has designated as a valid sign-in method:
1. Facebook login
You may use the Operator’s free Wi-Fi by logging-in to the Services on Facebook, allowing access to our Facebook App, and "liking" an Operator’s Facebook page. The user name and password that you use to access Facebook will also enable the access to an Operator’s free Wi-Fi.
Once you install our Facebook App in your Facebook Account or you "like" an Operator’s Facebook page, the above login procedure will not be repeated every time you login to that Operator’s free Wi-Fi.
You may also select the option of receiving newsletters and other promotional offers from an Operator, its employees, independent contractors and agents. Zoottle does not create and is not responsible for the content of such newsletters and promotional offers.
If you login via Facebook, you are responsible for maintaining the security of your Facebook account and fully responsible for all activities that occur under this account and any other actions taken in connection with this account. You must immediately notify Zoottle of any unauthorized uses of your Facebook account or any other breaches of security. Zoottle will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Your use of Facebook is governed by the Terms and Conditions of the Facebook site and as set forth in Section 7 herein.
2. Twitter login
You may use an Operator’s free Wi-Fi by logging-in to the Services on Twitter. The user name and password that you use to access Twitter will also enable the access to an Operator’s free Wi-Fi.
If you login via Twitter, you are responsible for maintaining the security of your Twitter account and fully responsible for all activities that occur under this account and any other actions taken in connection with this account. You must immediately notify Zoottle of any unauthorized uses of your Twitter account or any other breaches of security. Zoottle will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Your use of Twitter is governed by the Terms and Conditions of the Twitter site and as set forth in Section 8 herein.
3. E-mail login
You may use an Operator’s free Wi-Fi by logging into the Services with your e-mail address. As soon as you provide us with your e-mail address, you will receive an e-mail confirmation from us. Please click on the link in this e-mail to verify your e-mail address.
Registration of a user implies providing a valid e-mail address for the communication between Zoottle and the user.
During the login process, you may also select the option of receiving e-mail offers from the Operator, its employees, independent contractors and agents. Zoottle does not create and is not responsible for the content of such e-mail offers.
Your use of e-mail is governed by the Terms and Conditions of your e-mail provider.
4. Password login
You may use the Operator’s free Wi-Fi by logging into the Services by providing us with a password of your preference. You are responsible for maintaining the security of your Zoottle password.
Users accessing the same Users’ access point in an Operator’s Wi-Fi within seven (7) days of their first login via any of the above options, are automatically logged in. Please note that this feature’s enablement is within each Operator’s discretion and may not be available for all your Zoottle logins.
2. Benefits of your subscription to Zoottle
Registered users are able to connect to the network by using free Wi-Fi offered by the Operators. By joining Zoottle, you may login via the four options described in Section1 and gain access to free Wi-Fi without having to ask an Operator for a password. Being part of Zoottle also allows you to benefit from offers and promotions reserved for you.
3. Your responsibility
By using the Services, you represent and warrant that you have the legal capacity and authority to agree to this agreement. You are responsible for taking precautions as necessary to protect yourself, your electronic devices, and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. The Services may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Zoottle disclaims any responsibility for any harm resulting from the use of the Services from third parties, or from any downloading by those third parties of content there posted.
You are also responsible for any unauthorized use of the Services by third parties using your Facebook or Twitter account in your name. You are advised to keep strictly confidential your login information.
4. Relationship between Zoottle and the Operators
The free Wi-Fi provided at an Operator location is not in any way offered by Zoottle but exclusively and directly by the Operator. Zoottle’s activity is limited to the communication of an Operator’s and an Operator’s employees’, independent contractors’ and agents’ promotions and offers to you. Zoottle is not responsible for the accuracy, reliability and quality of an Operator’s, its employees’, independent contractors’ and agents’ promotions and offers.
5. Content posted on other websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which zoottle.com links, and that link to zoottle.com. Zoottle does not have any control over those non-Zoottle websites or webpages and is not responsible for their contents of their use. By linking to a non-Zoottle website or webpage, Zoottle does not represent or imply that it endorses such website or webpage.
6. Zoottle’s rights
Zoottle has the right to:
Zoottle also has the right to display advertisements and promotions to you on the Services in conjunction with your use of our Services.
7. Facebook Compliance
Zoottle is using a Facebook App as part of its Services. Zoottle is in compliance with Facebook terms and policies, including Facebook general legal terms, data use policy, platform policies and pages terms.
You consent to our use of your personal information as described in paragraph 2 in order to operate our Services. However, in compliance to Facebook terms and polices, Zoottle:
- Requests only the data it needs to operate its App
- Does not sell or transfer your data to third parties
- Does not use your data to create any advertising creative
- Does not use your data in any other context other than the one described in those TOS.
8. Twitter Compliance
Zoottle is using a Twitter App as part of its Services. By authorizing this App, you continue to operate under Twitter’s terms and policies. Zoottle is in compliance with Twitter’s terms and policies.
9. Free usage
Access, registration and usage of the Services are free.
10. Disclaimer of warranties
The Services are provided "as is". Zoottle disclaims all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. To the fullest extent permitted by law, Zoottle disclaims any warranties for viruses and other harmful components in connection with our Services and your use of same.
11. Limitation of liability
In no event will Zoottle be liable with respect to any subject matter of the TOS under any contract, negligence, strict liability, or other legal or equitable theory for (i) any special, incidental or consequential damages resulting from the use of the Services and/or (ii) for interruption of use or loss or corruption of data. Zoottle shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Zoottle, our contractors, and our licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of the TOS.
13. Copyright infringement
As Zoottle asks others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by Zoottle violates your copyright, you are encouraged to notify Zoottle by email at firstname.lastname@example.org. Zoottle will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Zoottle will terminate a user’s access to and use of the Services if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Zoottle or of others.
14. Intellectual property
The TOS do not transfer from Zoottle to you any of our or of any third party intellectual property. All right, title and interest in and to such intellectual property will remain (as between the parties) solely with Zoottle. Zoottle, the Zoottle logo, and all other trademarks, service marks, graphics and logos used in connection with the Services are trademarks of Zoottle or of our licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Zoottle or third-party trademarks.
Zoottle reserves the right, at its sole discretion, to modify or replace any part of the TOS. It is your responsibility to check the TOS periodically for changes. Your continued use of or access to the Services following the posting of any changes to the TOS constitutes acceptance of those changes. Zoottle may also, in the future offer new services and / or features.. Such new features and/or services shall be subject to the TOS.
You have the right to terminate our Services at any time by just disabling the Zoottle-enabled applications on your computer and/or on your mobile device.
Zoottle may terminate your access to all or any part of our Services at any time, with or without cause, with or without advance notice to you. Notwithstanding the foregoing, Zoottle may provide you with thirty (30) days advance notice of its intent to terminate your access of our Services if you materially breach the TOS and fail to cure such breach within thirty (30) days from Zoottle’s notice to you thereof. Zoottle retains the right to terminate its Services immediately as part of a general shut down of our Services.
All provisions of the TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17. Applicable Law
These TOS are governed in all respects by the laws of the Commonwealth of Massachusetts, excluding that state’s conflicts of laws provisions. Any action or proceeding arising out of or related to these TOS or your use of the Services must be brought in the state or federal courts of the Commonwealth of Massachusetts, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to the TOS or your use of the Services must be commenced within one (1) year after the claim or cause of action arises.
Any dispute, controversy or claim arising out of or relating to those TOS, or the breach, termination or invalidity thereof shall be resolved first by mediation by a single mediator in Athens, Greece in accordance with provisions of L. 3898/2010 and the rules and procedures of the Hellenic Center of Mediation and Arbitration in Athens, Greece. If the dispute does not settle at mediation, it shall be resolved by arbitration in Athens, Greece in accordance with the provisions of International Chamber of Commerce. There shall be 3 arbitrators, one to be appointed by the claimant and/or claimants and one to be appointed by the respondent and/or respondents and the third to be appointed by the common agreement of the two arbitrators selected by the parties. In the event of a failure to agree on the appointment of arbitrators, the appointing authority shall be the International Chamber of Commerce. Where such rules do not provide for a particular situation the arbitral tribunal shall, in its absolute discretion, determine what cause of action should be followed and the decision of the arbitral tribunal shall be final and binding on the parties to arbitration. The English language shall be used throughout the arbitral proceedings. The parties waive their right to any form of appeal or recourse from such arbitral proceedings to a court of law or other judicial authority.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
For any questions you might have regarding this Agreement you may contact us at email@example.com.
1. A cookie is a small text file that is stored in your web browser that allows Zoottle or a third party to recognize you. Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to enable ad delivery and behavioral advertising.
Cookies placed by the website you are visiting are sometimes called "first party cookies," while cookies placed by other companies are sometimes called "third party cookies".
Zoottle is committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. Zoottle does not intentionally collect information from children under the age of 13, and Zoottle does not target its Services to children. Only persons who are more than 18 years old or who are emancipated minors may use the Services. By accessing the Services, you are legally acknowledging that you are over the age of 18 or an emancipated minor. Otherwise, you have no legal right to access or use the Services.
California Privacy Laws
California residents who provide Personal Information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To obtain this information from us, please send us an email with "Request for California Privacy Information" as the subject of your message, and we will send you a reply e-mail containing the requested information. Not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
Please note that Zoottle does not respond to "do not track" signals or other similar mechanisms intended to allow California residents to opt-out of Internet tracking. Zoottle also may track and/or disclose your online activities over time and across different websites when you use our Services.
We have implemented industry-standard security safeguards designed to protect the Personal Information that you may provide. Access to your data is password-protected and is protected by SSL encryption when it’s exchanged between your web browser or mobile device and the Zoottle Services. We also periodically monitor our system for possible vulnerabilities and attacks, consistent with industry standards. You should be aware, however, that since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you submit to us. There’s also no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach or failure of any of our physical, technical, or managerial safeguards. It’s your responsibility to protect the security and integrity of your account details, including your username and password, and limiting access to your device and browser by signing off after you have finished accessing your account. Please note that emails, instant messaging, and similar means of communication with other users of the Zoottle Services are not encrypted, so you should not communicate any confidential information through these means.
THE TYPES OF INFORMATION WE COLLECT
In order to use our Services, you will need to create an account by providing us with personal information that may include your name, email address, password, and/or certain social media account information. Based on how you choose to login to use the Services, we will collect different information about you. By logging in using one of the manners set forth below and using the Services, you consent to our collection and use of the data identified as follows:
If you register and login to use the Services via Facebook, Zoottle collects and saves the information available in your public Facebook profile. Depending on your Facebook settings, this information may include, but is not limited to:
- Your public profile
- Your friends’ list
- Your email
- Your birthday
- Your hometown
- Your "likes"
We will also collect the number of your Facebook logins and check-ins at an Operator’s location.
Zoottle is using a Facebook App as part of its Services. Zoottle is in compliance with Facebook’s terms and policies, including Facebook general legal terms and data use policy.
If you register and login to use the Services via Twitter, you become a followed of the Operator’s Twitter account. Zoottle will have access to your Twitter account and is permitted to perform the following:
- Read tweets from your timeline
- Post tweets for you
- See who you follow and follow new users
- Update your Twitter profile
Zoottle is using a Twitter App as part of its Services. By authorizing this App, you continue to operate under Twitter’s terms and policies. Zoottle is in compliance with Twitter’s terms and policies
If you login and register to use the Services by providing us with your email address and/or a password of your preference, you authorize Zoottle to collect and save this information.
We treat this aggregate data as non-Personal Information, except where we are required to do otherwise under applicable law or as otherwise provided in this Policy. We may use this information to analyze trends, administer our Services, track users’ movements, and gather broad demographic information for aggregate use or for other business purposes. We will provide this aggregate information to our partners so that they may better understand their customers’ general demographics, including how their customers use their services, how often, and where.
Links to Third-Party Sites and Services
We may receive information when you use your account to log into a third-party site or application in order to provide you with tailored content or to improve your user experience. We may provide reports containing aggregated impression information to third parties to measure customer demographics, Internet traffic, and usage patterns.
Information We Receive from Third Parties
Personal Information You Provide
We receive and store any Personal Information you provide to us in any way. The types of Personal Information we collect may include your name, email address, information you make available on your Facebook profile, information you make available on your Twitter profile, location, use information regarding your use of our Services, and browser information. We automatically receive your location when you use the Services. We use various technologies to determine location, such as location services of the applicable operating system or browser and sensor data from your device that may, for example, provide information on Wi-Fi access points and cell towers, including those of our Operators. The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile that can be used to improve the Services, to customize the advertising and content you see (including Zoottle or third-party advertising or content), and to communicate with you about our promotions and new features. Your Services account will be associated with your email or a social media account (and optionally a phone number), and this account will be used for all our Services that you use. We may also draw upon this Personal Information in order to adapt and modify our Services, to research the effectiveness of our network and Services, and to develop new tools and functionality.
HOW WE USE YOUR PERSONAL INFORMATION
Use by Zoottle
Zoottle may use your Personal Information to provide our Services to you. For example, when you use our Services, we may track your personal user information in order to ensure authorized access and enhance your experience.
Sharing Information with Operators, Business Partners and Affiliates
Zoottle enters into relationships with a variety of Operators in order to provide you with easy Wi-Fi access at their respective locations. Our Operators use Zoottle to improve their customer relationships and to measure and reward customer loyalty, monitor customer preferences, and create targeted content. When you visit one of our Operators’ locations, your visits are shared with that business and/or location in order for it to better provide services to you. In addition, when you login to use an Operator’s Wi-Fi through the Services, that Operator will have access to the Personal Information connected with your user account based on your chosen login method. Our Operators will also have access to aggregated and anonymous data, such as de-identified, non-personal data.
When you use Zoottle’s Services, certain information may be public, such as your public user profile information, comments, "likes", "favorites", "check-ins", saves, public photos, lists that you create and save, and lists of friends and/or followers and may be searchable by search engines and be shared with or disclosed to third parties, including through APIs to a wide range of users and services. We may also share or disclose aggregated and anonymous data, such as de-identified check-in data (that is, not tied to individual users), to third parties, including users you may follow and users of social media APIs, for analytical or other purposes.
We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Our agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us, and they provide a comparable level of protection for your Personal Information.
Sharing Information with Third Parties
Zoottle reserves the right to share your Personal Information where you have granted us permission to do so.
Social Media Connections: The Services may include several features that may allow you to share your information with others. Please remember that if you choose to provide Personal Information using certain features of the Services, that information may be available to your social media networks and may be subject to indexing by third party search engines.
By using our Services, your social media connections may be able to see information about you, for example, your location (as described in more detail below), name, email, social media profile information, links to your Twitter and Facebook accounts (if you have connected those accounts to your Zoottle account), a list of your friends, photos you post, your "likes" and your "check-ins" and comments you write. Your social media connections also may be able to see your publicly available information, and you can see the publicly available information of users you follow.You should be aware that individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge.
Location Sharing: The Services use your location information in order to allow you to access Wi-Fi networks. Whenever you open and use or interact with our Services on your mobile device, we use the location information obtained from your device to determine your location. This information is shared with our Operator at your location. If you have ‘background location’ turned on, the Zoottle Services may, from time to time, tell us about your device’s location even if you are not directly interacting with the Services.
Your real-time location is not shared on the Zoottle Service, but Zoottle may show followers of your social networks that you have been to that specific place. Your location data may be shared with others when you proactively decide to "check in" on the Zoottle application to tell the Services that you’re at a particular location or, if you have turned on "check-in by friends," when your friend mentions you in his or her check in.
Polls and Surveys: Zoottle may conduct polls and surveys of our users, and your participation in this type of research is at your sole discretion. We may follow up with you regarding your participation in these surveys. You may at any time opt out of participating in our polls and surveys.
INTERNATIONAL DATA TRANSFER
YOUR OPT-OUT OPTIONS
You may access, modify, correct, or delete your personal information controlled by Zoottle regarding your profile or close your account. You can also contact us for any account information which is not on your profile or readily accessible to you.
Zoottle may allow you to access your user name, password, or other profile information that you have provided through the Services, and usage information (for example, your check-in history) for the purpose of viewing, and in certain situations, updating that information and ensuring that it is accurate and complete. We may change the Personal Information you may access as our Services evolve.
Should you ever decide to delete your Services account, you may do so by notifying Zoottle at firstname.lastname@example.org. If you terminate your account, your profile, including your check-in history and your user submissions (as may be defined in Zoottle’s Terms of Service), as well as any promotional offers you may have received, will be removed from the Site and deleted from Zoottle’s servers.
You should be aware that information that you’ve shared with others or that others have copied may remain visible after you have closed your account or deleted the information from your own profile. In addition, you may not be able to access, correct, or eliminate any information about you that other users have copied or exported out of the Services, because this information may not be in our control.
Last Updated: November 2016