WIFI : General terms and conditions of use
GENERAL TERMS AND CONDITIONS OF USE
This document aims to define the terms and conditions of use of the Wi-Fi service (hereinafter ‘Service’) provided by Société Anonyme des Bains de Mer, Cercle des Etrangers à Monaco (SBM), a Monegasque public limited company with capital of €24,516,661, whose headquarters is located at Place du Casino – MC 98000 – Principality of Monaco, registered with the Monaco business registry under number 56S523, or by any company in the SBM Group in establishments in its Resort.
The Service enables users (hereinafter ‘Users’) with a Wi-Fi-compatible device (laptop, mobile, personal digital assistant, etc., hereinafter ‘Device’) to connect to the internet wirelessly in areas covered by the Wi-Fi network. The Service does not include providing email accounts or hosting websites.
Section I: Terms of access to the Service
The Service can be used to access the internet by anyone visiting public areas of the Resort equipped for this purpose.
The Service can be accessed during the opening hours of the public places covered by the Wi-Fi service. To access the Service, Users must provide their email address.
To subscribe to the Service, Users must provide correct contact details during registration.
Minors can use this service under the sole responsibility of their parents or legal guardians.
Section II: Specific obligations related to internet use
1. SBM hereby informs Users that data found on the internet may be protected by intellectual property, literary and artistic rights, or may be illegal. Users may not, therefore, transfer or download prohibited, illicit or illegal data from the internet that is contrary to public order and morality, or that violates or potentially violates third party rights, in particular intellectual property rights.
2. It is expressly noted that the internet is not a secure network. It is up to Users to take appropriate precautions to protect their own data and/or software, especially from viruses that spread over the internet or hacking of their Device by a third party for whatever reason. Users are advised to back up data before and after using the Service.
3. Users fully acknowledge that the internet network is not always reliable, especially regarding the lack of security surrounding data transmission and the lack of guarantees with respect to performance in terms of volume and speed of data transmission. Users acknowledge that there is no way to guarantee the integrity, authenticity or privacy of information, files or data that they wish to share on the internet. Users must not, therefore, use the internet to transfer messages for which they wish to guarantee absolute privacy.
4. Users are prohibited from fraudulent, abusive, or excessive use of the Service, such as voluntary or involuntary overloading of SBM's mail server, network and/or recipients’ inboxes with direct email marketing (spamming, bulk emails, junk email or mail bombs) or sending messages that may result in a substantial number of responses (teasing or trolling) leading to possible disturbances in the server or network. Users shall be held fully liable for using the Service in any manner described above.
SBM cannot be held liable for any consequences that may arise from such use of the Service by one or more Users.
5. Regarding products and services on the internet, Users shall contact content providers directly with any complaints related to the execution of services or sale of products.
6. Moreover, SBM hereby alerts Users to the fact that the internet includes content that may be inappropriate for minors.
Section III: User obligation in the fight against piracy
Users agree to follow the rules and regulations in force for content protected by intellectual property rights.
Users are hereby informed that violation of copyrights and any related rights is a criminal offence punishable by law. Moreover, Users may risk civil sanctions as compensation for damage to rights holders.
Section IV: SBM's commitment
1. SBM cannot be held liable for any content on the internet or damage that may result from its use, unless the damage was caused intentionally by SBM.
However, SBM promises to do everything possible to ensure access to the internet.
Because communication should be private, SBM as the Service Provider shall not monitor the content or characteristics of the data received or transmitted by Users on its network and/or the internet. However, in order to ensure proper management of the internet access system, SBM reserves the right to delete messages or suspend User activity that may disrupt proper functioning of its network or the internet or in the event that the User does not follow the rules of use or code of conduct.
Exceptions can be made to the rule of privacy to the extent permitted by law, at the request of public and/or legal authorities.
2. SBM cannot be held liable for the use of data or information that Users may have published on or taken from the internet.
3. SBM cannot be held liable in the following circumstances:
- planned or unplanned maintenance works;
- the WLAN IEEE 802.11b/g network card is incompatible with SBM's General Public Wi-Fi network (especially if the laptop or card settings are different to those of SBM's public Wi-Fi network);
- Users misuse the Service;
- the User’s laptop, PDA or WLAN IEE 802.11b/g network card malfunctions and/or has not been installed or configured correctly;
- Users do not fulfil their obligations;
- instructions provided by the Service were not followed;
- inability to access a company's virtual private network;
- disruption and/or total or partial interruption or all unavailability of all or some services offered by third-party operators;
- force majeure within the meaning of case-law.
In such situations, SBM shall not become involved in disputes that may occur between Users and third parties.
Section V: User responsibilities
Users shall be held solely liable for any direct, indirect, tangible or intangible damage to SBM and/or third parties as a result of using the SBM Service.
Chapter VI: Personal data
SBM is responsible for processing personal data collected by the Service in accordance with the data protection legislation in force in the Principality of Monaco. No User information is published, shared, transferred or disclosed to any third parties without the User’s knowledge.
SBM is keenly aware of the need to respect your privacy and takes great care to protect the personal data provided.
In this regard, the Service has been the subject of a declaration of automated processing of personal data to the CCIN [Supervisory Commission on Personal Data].
Personal data collected by SBM is strictly limited to that which is necessary for the Service, indicating whether or not information must be provided when it is entered by the User. This data is stored for a period of 3 years from the last contact with our company.
Pursuant to law no. 1,165 of 23 December 1993 (amended) on data protection, and the regulations applicable in the Principality of Monaco, you have the right to access, correct, delete, limit or object to the use of your personal data by writing by email to [email protected] or by post to:
Monte-Carlo Société des Bains de Mer
Marketing Department
Place du Casino
98000 Monaco – Principality of Monaco
Section VII: Security
Communications carried out via the Service are protected by the same level of security as a standard internet connection. Complete protection against intrusions or eavesdropping cannot be guaranteed. SBM accepts no responsibility for such events.
If Users wish to increase the security level on their Device, they may install security software, such as firewalls or Virtual Private Networks (VPNs). SBM does not guarantee the functioning of third-party security software.
As a general rule, access to the company's data (intranet, Office applications, etc.) requires the installation of appropriate security software on the Device and the company server concerned. Given that this software is supplied by a third party, SBM accepts no responsibility concerning its proper functioning.
Section VIII: Cookies
A cookie is a file installed on the User’s Device that stores their browsing information on the SBM website (language settings, connection time, pages visited, etc.) SBM may consult this data during the Users' future visits to facilitate browsing. Users are hereby informed that because they share their Device with other people, the personalisation of cookies may change.
SBM may use cookies to learn about the products, services and pages viewed by Users.
By continuing to browse, pursuant to the legal provisions in force, you accept the use of cookies for a maximum period of thirteen (13) months. You can, however, refuse the use of cookies by changing the settings on your web browser as explained below:
On Internet Explorer:
1. Go to ‘Internet Tools & Options’
2. Click on the ‘privacy’ tab
3. Click on the ‘advanced’ button and tick the box ‘override automatic cookie handling’
- On Firefox:
1. At the top of the Firefox window, click on the ‘Firefox’ button (‘Tools’ menu on Windows XP), then select ‘Options’
2. Select the ‘privacy’ panel
3. Set storage rules: use custom settings for history
4. Untick ‘accept cookies’
On Google Chrome:
1. Click on the Chrome ‘menu’ icon
2. Select ‘settings’
3. Click on ‘display advanced settings’
4. In the ‘privacy’ section, click on ‘content settings’
5. Select ‘block all sites from storing data’
Section IX: Disputes and allocation of jurisdiction
These terms and conditions of use and the relationship between SBM and Users are subject to Monegasque law and any disputes that cannot be resolved amicably shall be brought before the courts of the Principality of Monaco.
Version 2; updated November 2018