1. General
1.1. GANTNER ELECTRONIC GMBH, Bundesstraße 12, 6714 Nüziders ("we" or "us"), provides guests and employees with free internet access via the guest WiFi ("Service") in its business premises.
1.2. These terms of use cover your, and our, rights and responsibilities, relating to the use of our guest WiFi.
2. Access and use of the service
2.1. By using the Service, you accept these "Terms of Use for the guest WiFi".
2.2. You can only connect to the Service with WiFi-capable devices and the corresponding software. The availability and performance of the Service is subject in particular to any restrictions associated with such hardware and software.
2.3. Employees are only permitted to use the Service with their private smartphone.
2.4 We do not assume any obligations by providing the Service. There is no entitlement to use the Service. We reserve the right to modify, restrict (in whole or in part) or discontinue access to the Service at any time without prior notice and at our discretion.
2.5. We reserve the right to apply filters that may block certain content. It is at our discretion which content is subject to these filters. However, you agree not to access any unlawful, abusive, offensive, insulting, or threatening content, etc., when using the Service. There is no enittlement to access certain websites.
3. Your responsibilities and prohibited actions
3.1. You agree not to use the Service in contravention of our Terms of Use.
3.2. You must comply with all applicable laws when using the Service. When using the Service, you must refrain from any action that may endanger public order, safety or morality, encourage third parties to act unlawfully or infringe the rights of third parties, including but not limited to infringement of copyright or other intellectual property rights.
In particular, the following demonstratively listed actions are prohibited in connection with the use of our Service: visiting websites that contain pornographic, racist or illegal information and the like; commercial use of the Service; use of the Service for peer-to-peer file sharing or for similar networks or file sharing platforms for the purpose of offering, uploading, downloading etc. of copyrighted content. (e.g. films, music, e-books, etc.) or other acts in breach of copyright; sending spam or junk e-mail; using the Service to transmit, knowingly receive, upload, download or use threatening, abusive, illegal, offensive, indecent, etc. content, materials, etc.; using the Service for peer-to-peer file sharing or for similar networks or file sharing platforms for the purpose of offering, uploading, downloading, etc. copyrighted content, works, services, products, etc.; sending spam or junk e-mail; using the Service to transmit, knowingly receive, upload, download or use threatening, abusive, illegal, abusive, offensive, indecent, etc. content, materials, etc. content, materials, etc.
3.3. You are responsible for complying with any obligations to third parties that you agree to while using the Service (e.g., obligations to pay fees, costs, royalties or other charges).
3.4. You must not use the Service in any way that may interfere with the operation of our Service. You must not place a disproportionate load on our Service (e.g., by uploading or downloading large amounts of data, using data intensive services and applications) as the Service is shared with other users.
3.5. You are responsible for the security of your data and devices and undertake to protect your data and devices against viruses, malware and the like, in particular by using suitable software.
3.6. You agree to fully indemnify and hold us harmless from and against any and all direct and/or indirect damages, claims, losses, costs, fees and the like arising directly or indirectly out of your use of the Service and/or your breach of these Terms of Use.
3.7. If you have received access data, you must ensure that access to and use of the Service with these access data is exclusively by you as the user. If facts exist that give reason to assume that unauthorized third parties have gained or will gain knowledge of these access data, you must inform us immediately.
4. Exclusion of warranty / liability
4.1. We shall be liable for any damage caused by us to you in relation to the use of the Service only in the event of intent and gross negligence. Liability for slight negligence is excluded.
4.2. Apart from the breaches set out in clause 4.1, we shall not be liable to you or any third party in any way for any direct and/or indirect damage, claims, losses, costs, charges, loss of profits and the like arising directly or indirectly as a result of your or any third party's use of the Service, the Service being unavailable, not functioning as expected or causing loss of or damage to data and/or hardware. We will also not be liable for any damage to property or for any other similar damage.
4.3. We do not guarantee the availability, performance, functionality, security, transmission speed, fault-free operation, etc. of the Service and the content offered. No legal claim can be derived from this. Furthermore, there is no legal entitlement to use the service.
4.4. The use of the Service is exclusively at your own risk and responsibility. You are aware of all the risks of the Internet (e.g., infection with computer viruses and Trojans, malware, phishing attacks, spying on data, attempted fraud, etc.) and you acknowledge that although we provide access to the Internet, the Service does not contain any virus protection or other mechanisms for your protection and the Service is therefore not secure.
4.5. We accept no liability for any information, data, content or the like received or transmitted or accessed in the course of your use of the Service.
5. Privacy
5.1. We shall ensure that your personal data will only be collected, stored and processed to the extent necessary for providing any contractually agreed services, and as permitted or required by law.
5.2. You agree that personal data of your end device (IP address, MAC address) as well as the device name, type and duration of use of the service and the data transfer volume may be stored, kept and evaluated for abuse analyses, as well as for the purpose of operational management, fault clearance and bandwidth control. This data will also be handed over to the investigating authorities in the case of offences relevant under criminal law.
5.3. Information obligations regarding data protection
The company responsible for data processing is GANTNER Electronic GmbH, Bundesstraße 12, 6714 Nüziders, privacy@gantner.com.
The data protection officer is Graf Consultings GmbH, Karwendelstr. 7, D-86949 Windach, datenschutz@gc-gmbh.co.
We process the personal data as described in section 5.2. There is no legal or contractual obligation to provide the personal data. Without these data, however, the provision of the service is not possible.
The purpose of the data processing is the performance of the service and the storage of the data for liability reasons. The data processing is based on Article 6 (1) sentence 1 lit. b GDPR as well as Article 6 (1) sentence 1 lit. f GDPR, our legitimate interest to check the security and proper use of the service in accordance with the terms of use.
Every data subject has the right to information according to Art. 15 GDPR, the right to correction according to Art. 16 GDPR, the right to deletion according to Art. 17 GDPR and the right to restriction of processing according to Art. 18 GDPR as well as the right to data portability according to Art. 20 GDPR. In addition, there is a right of appeal to the data protection authority in Vienna (Art. 77 GDPR).
6. Final Provisions
6.1 We reserve the right to change these Terms of Use at any time. The most current version of these Terms of Use will apply. By continuing to use the Service after these Terms of Use are amended, you agree to be bound by the amended Terms of Use.
6.2. If any provision of these Terms of Use is held invalid in whole or in part, the validity and enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired thereby.
6.3. These Terms of Use shall be governed exclusively by Austrian law, excluding conflict of law provisions.
6.4. The official language of these Terms of Use is German. In case of any discrepancy between the German version and any other language version of these Terms of Use the content of the German version shall prevail.
