FRDEEN
Partner Login

Public WiFi Terms of Use

Service operator: Omny Digital SA, [address], Switzerland Version 1.0 — [publication date]

1. Scope and acceptance

These terms of use (the “Terms”) govern access to the public WiFi network made available at the premises where you are located. The access service is technically operated by Omny Digital SA (the “Operator”), in partnership with the host establishment.

By requesting an access code by SMS and connecting to the network, you accept these Terms in full. If you do not accept them, please do not use the service.

2. Description of the service

WiFi access is free of charge and limited in time. To obtain access, you enter a valid mobile phone number, to which a one-time verification code is sent by SMS. Once the correct code is entered, your device is authorized to access the Internet for a defined period. When it expires, you may need to identify yourself again.

3. User identification

Identifying users by their mobile phone number complies with the recommendations and obligations applicable in Switzerland regarding the identification of public WiFi users, arising in particular from the legislation on the surveillance of post and telecommunications (SPTA/OSPT — BÜPF/VÜPF). You undertake to use only a phone number of which you are the legitimate holder.

4. User obligations

By using the service, you undertake to:

  • use the network in compliance with Swiss law and not to commit any offence through it (in particular: copyright infringement, unauthorized access to third-party systems, distribution of unlawful content);
  • not disrupt, overload, or attempt to circumvent the network’s security and identification mechanisms;
  • not use the network to send unsolicited bulk messages (spam) or for any other abusive activity;
  • not resell or redistribute access to third parties.

The Operator and the host establishment reserve the right to block, without notice, the access of any user who breaches these Terms.

5. Data protection

5.1 Data controller

The controller of the personal data collected in connection with the service is:

Omny Digital SA [address] [contact email for data protection matters]

Processing is carried out in accordance with the Swiss Federal Act on Data Protection (FADP; SR 235.1).

5.2 Data collected

When you connect, the following data is recorded:

  • your mobile phone number;
  • the MAC address and the IP address assigned to your device;
  • the date and time of the connection and its authorized duration.

No data relating to the content of your browsing (websites visited, communications) is collected or retained by the Operator as part of the identification service.

5.3 Purposes of processing

This data is processed exclusively for the following purposes:

  • providing you with network access (sending the verification code, authorizing your device);
  • complying with the requirements applicable in Switzerland regarding the identification of public WiFi users (legal compliance);
  • ensuring the security and proper operation of the network.

Your data is never used for marketing, profiling, or advertising purposes, and is never sold or shared with third parties for commercial purposes.

5.4 Disclosure to third parties

The recorded data is treated confidentially. It is disclosed only to the competent Swiss authorities (criminal prosecution authorities or authorities empowered by law), and solely upon a formal request from them based on Swiss law. No other disclosure to third parties takes place.

5.5 Delivery of the verification SMS

The verification code is sent primarily through a Swiss telecommunications operator. If that delivery fails, a backup provider, Twilio Inc. (USA), may be used. In that case, your phone number is transmitted to this provider for the sole purpose of delivering the SMS. This transfer is based on appropriate safeguards within the meaning of the FADP, in particular the provider’s certification under the Swiss-U.S. Data Privacy Framework, recognized by the Swiss Federal Council as providing an adequate level of protection.

5.6 Retention period

Connection data (phone number, MAC and IP addresses, date and time of connection) is retained for 6 months from the time of connection, in accordance with applicable legal requirements. At the end of this period, it is automatically and permanently erased. The verification code is deleted immediately after use, and at the latest 5 minutes after it is issued.

5.7 Your rights

Under the FADP, you have in particular the following rights:

  • the right of access to the data concerning you (Art. 25 FADP);
  • the right to have inaccurate data corrected (Art. 32 FADP);
  • the right to request the erasure of your data, subject to the legal retention obligations mentioned above;
  • the right to lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, 3003 Bern.

To exercise your rights, contact: [contact email]. Proof of identity may be required to ensure that data is not disclosed to an unauthorized person.

5.8 Data security

The Operator implements appropriate technical and organizational measures to protect your data against unauthorized access, in particular encryption of communications with the access portal and strict access restrictions on connection logs.

6. Network security

A public WiFi network is, by nature, a shared network. Despite the security measures in place, the confidentiality of the data you transmit over the Internet cannot be guaranteed. You are advised to use encrypted connections (HTTPS, VPN) and to refrain from transmitting sensitive data over a public network.

7. Availability and liability

The service is provided “as is”, without any guarantee of availability, bandwidth, or continuity. To the extent permitted by Swiss law, the Operator and the host establishment decline all liability for direct or indirect damage resulting from the use or unavailability of the network, as well as for the content accessed by users. Liability for gross negligence or willful misconduct remains reserved.

Users are solely responsible for their use of the network and for the legal consequences of their online conduct.

8. Amendments

The Operator may amend these Terms at any time. The applicable version is the one displayed on the access portal at the time of connection.

9. Governing law and jurisdiction

These Terms are governed by Swiss law. The exclusive place of jurisdiction is the registered office of Omny Digital SA, subject to mandatory statutory provisions to the contrary.

For any question about the service or data protection: [contact email]