Perenco Wi-Fi Special Conditions of Use EN version

PERENCO Wi-Fi Service:
Special Conditions of Use,
January 2017

The following special conditions (hereinafter "the Special Conditions") shall apply in addition to the Group IT Policy (available here and on request on the greeting page of each site offering PERENCO Wi-Fi services) and together form an indivisible whole. In the event of a contradiction between the Group IT Policy and the Special Conditions, the latter shall prevail. The terms used with uppercase characters not defined in the Special Conditions shall have the meaning they have been given in the Group IT Policy.

1. Definitions

Client or User: means any user using the Wi-Fi service offered by PERENCO, whether an employee, a contracted member of staff or a visitor.

Wi-Fi (Wireless Fidelity): means a set of international standards (IEEE 802.11b, 802.11g or 802.11ac) for wireless local networks.

Wi-Fi equipment: means any equipment of the Subscriber with a communication card or Wi-Fi internal capabilities, meeting IEEE standards 802.11b or 802.11g, 802.11n or 802.11.ac.

PERENCO Wi-Fi Networks: means the access points from which a User may connect to Internet by Wi-Fi. These PERENCO Wi-Fi networks are as follows:

PERENCO Wi-Fi Guest Networks: These are Guest points of access that may be used by users who do not have any PERENCO LDAP account.
PERENCO Wi-Fi Internal Networks: These are internal access points that may be used only by users with a PERENCO LDAP account.

Hotspot or PERENCO Wi-Fi Hotspot: means all the equipment that allows the emission of Wi-Fi signals and also possesses various SSIDs: one Guest SSID and one internal SSID.

Operator: means the Company PERENCO and all its entities, offering the service network Wi-Fi PERENCO.

Local Access Portal PERENCO Wi-Fi: means the connection portal allowing the subscriber to access the authentication page of a PERENCO Wi-Fi network.

PERENCO Wi-Fi Service: means the possibility for PERENCO Users to connect to the Internet by Wi-Fi from the internal PERENCO Wi-Fi or Guest PERENCO Wi-Fi Networks.

SSID: means the name of the Wi-Fi network.

Areas of Wi-Fi coverage: designate the geographical areas in which PERENCO Wi-Fi Service is accessible to the Subscriber and in which it is possible to receive the signal emitted by PERENCO Wi-Fi networks.

2. Purpose

These Special Conditions are intended to define the conditions and modalities of access and use of PERENCO Wi-Fi Service. These conditions are accepted by the User when accessing the service.

3. Description

The PERENCO Wi-Fi Service consists in providing an Internet access to the User via the PERENCO Wi-Fi network. The PERENCO Wi-Fi Service is available in the PERENCO Wi-Fi Areas of coverage. This access is limited to the following protocols: HTTP, HTTPS, SMTP, POP3, IMAP, FTP, L2TP, PPTP, IPsec and GRE.

4. Conditions of access

To access the PERENCO Wi-Fi Service, the User shall:

Be a PERENCO employee, an employee of a third party company contracted by PERENCO or a visitor visiting PERENCO at the request and under the responsibility of a PERENCO employee,
Be located in one of the PERENCO Wi-Fi Areas of coverage,
Have a Wi-Fi equipment at her/his disposal.

User accounts for the PERENCO Guest Wi-Fi networks expire at 11:59 pm on the day they have been created and can allow to connect up to 2 Wi-Fi devices.

User accounts of internal PERENCO Wi-Fi networks retain the authentication of Wi-Fi devices for a duration of 60 days.

When the User wishes to connect by Wi-Fi on the PERENCO Wi-Fi network, (s)he should ensure that the Wi-Fi mode is enabled on her/his compatible terminal. Any user must also have read these Special Conditions and expressly accepted them prior to use when authenticating herself/himself on the PERENCO Wi-Fi local access Portal.

This PERENCO Wi-Fi service allows Users who have a device equipped with a Wireless Lan network card (IEEE 802.11 b, 802.11 g, 802.11 n or 802.11 ac) to connect to the Internet wireless and broadband from the areas covered by the PERENCO Wi-Fi network.

The PERENCO Wi-Fi service includes all basic access functions to the Internet: provision of IP address (access to DNS, gateway to the Internet for web browsing and access to emails, etc.). The service does not include the provision of mailbox, nor the hosting of WEB pages.

PERENCO Wi-Fi Service is accessible from any terminal equipped with a Wireless LAN network card (IEEE 802.11b, 802.11g or 802.11n) provided the specifications of the Wi-Fi Alliance are met (http://www.wi-fi.org/) and the card is certified IEEE 802.11b, 802.11g, 802.11 n, or 802.11ac.

The Wi-Fi hub allows a user to connect various Wi-Fi devices to a high-speed broadband connection without using any cable within a radius of tens of metres.

THIS IS A SPECIFIC REMINDER THAT ACCESS TO THE INTERNET VIA WI-FI MAKES USER DEVICES EXTREMELY VULNERABLE AND PRESENTS SERIOUS SECURITY CHALLENGES. THEREFORE, USERS ARE RESPONSIBLE FOR TAKING ALL APPROPRIATE STEPS TO PROTECT THEIR DATA AND SOFTWARE, BY INSTALLING AN ANTIVIRUS AND FIREWALL SYSTEM AND BY ENSURING THESE ARE UP TO DATE; AND BY CARRYING OUT REGULAR BACKUPS.

5. Conditions of use

The User is informed on the one hand, that PERENCO restricts the use of PERENCO Wi-Fi networks only to protocols HTTP, HTTPS, SMTP, POP3, IMAP, FTP, L2TP, PPTP, IPsec, and GRE.

The User undertakes not to implement ways to divert these restrictions in order to serve the purpose of other unauthorised uses. As such, the Operator reserves the right to block at any time access to the Service if there is a legitimate reason to believe that the Security of the Service or the connection quality of the Subscriber have been compromised.

The User is informed that the bandwidth available for individual use may vary according to the use of bandwidth made by the Client or by other users. As such, PERENCO reserves the right at any time to block access to the Service if there is a legitimate reason to believe that the Security of the Service or the connection quality of the client have been compromised.

On the PERENCO Guest Wi-Fi networks, broadcast by PERENCO terminals, PERENCO cannot be held responsible for damage and/or interruptions resulting from the operations carried out by the User in the context of her/ his connection to the PERENCO Wi-Fi Service or in the event of an interruption resulting from any external cause, such as the interruption of the electrical power supply or the disabling of the functionality by the client. This will also apply when the User leaves the Wi-Fi coverage Area.

PERENCO Wi-Fi Guest and PERENCO Wi-Fi internal user accounts may be subject to volume quotas. Once the threshold is reached, the User may still use the PERENCO Wi-Fi network, but at a reduced connection speed.

In order to control the consumption of resources, offering a better quality of service for the Wi-Fi community, quota and bandwidth limitations have been configured on Ucopia for each access.
Any user can generate upto 250MB of volume per day at 1Mbps, then available rate is lowered from 1Mbps to 32kbps. Bandwidth of 1Mbps is enough to surf or bring up a VPN for RDP connection.

6. Safety

In the absence of any fault from the Operator, the User is solely responsible for the use of the PERENCO Wi-Fi Service and of all consequences (including financial) that might ensue.

The User is informed and acknowledges being fully aware of the nature of the Internet network, and in particular, of its fluctuating technical performance and risks inherent to the use of the Internet.

Thus, data transmissions via a Wi-Fi network and on the Internet generally are not subject to any encryption or other security measures. Accordingly and by default, any communication on a Wi-Fi network and on the Internet may be intercepted by a malicious third party.

Similarly, any connection of a device to the Internet network, in any way whatsoever, may make it accessible to a malicious third party. Finally, exchanges of data and files on the Internet could potentially transmit computer viruses that might seriously alter the functioning of the Wi-Fi equipment and software. The User has the responsibility not to communicate personal or confidential data.

Regarding the use of Internet, the User is informed that the Internet is a network carrying data that could be protected by intellectual property rights or that may violate the legal provisions in force.

Therefore, the User agrees not to transmit on the Internet any data that may be prohibited, unlawful, illegal, contrary to morality or public order and prejudicial or likely to infringe the rights of third parties and in particular intellectual property.

This is a specific reminder that the Internet is not a secure network.

In these conditions, it is up to the User to take all appropriate measures to protect his own data and/or software, in particular from the contamination by potential viruses circulating on the Internet or from the intrusion of a third party in his/her equipment system, for whatever purpose, and to proceed to his/her own backups on their equipment, before and after the implementation of the services.

The User also acknowledges (s)he has been fully informed of the reliability of the Internet, particularly in terms of lack of security relating to the transmission of data and of non-guarantee of performance regarding the volume and speed of data transmission.

The User also acknowledges being fully aware that the integrity, authentication and confidentiality of files, information and data of any nature, that (s)he wishes to exchange on the Internet, cannot be guaranteed on this network.

Therefore, the User shall not transmit via the Internet any messages for which (s)he wants to ensure full confidentiality.

The User shall not use these services in any fraudulent, abusive or excessive manner, including voluntary or involuntary congestion of the PERENCO email servers, network, and / or of any email recipients, through excessive mailing practices (spamming, bulk e-mail, junk e-mail or mail bombing), or by sending attractive messages that generate huge numbers of replies (teasing or trolling) that may disrupt the availability of said servers or networks.

With regard to products or services on the Internet, the User shall directly address to content providers any claim relating to the execution of the services provided by them or relating to the sale of products by them.

The User is finally warned on the nature and the diversity of content available on the Internet, which may be likely to harm minors.

PERENCO may record certain data such as the type of browser used or the place where the User is connected to the service. In the context of service use, PERENCO may, during the period and for the needs of said service, collect traffic data generated by the User, and may proceed to keep, store and process User communications, which the User accepts.

On the other hand, and assuming PERENCO would collect personal data, PERENCO shall take all appropriate measures to ensure the protection and confidentiality of the information held, in compliance with French Data Protection Act, i.e. Law n° 78-17 of 6 January 1978, amended, relating to computer held information, files and civil liberties.

This data may lead a User to exercise her/his individual right of access, rectification and deletion to PERENCO, by directing a request to the "Information Technology, Computer Systems and Communication Technology Commission" ("direction de l’informatique, des systèmes d’information et des technologies de la communication") under the conditions laid down by deliberation n°80-10 of 1st April 1980 of the French Data Protection Authority (CNIL).

PERENCO may have to transfer to the authorities any illegal content which may come to the knowledge of the company.

7. Responsibility

The User is informed that her/his Wi-Fi connection is made through the issuance of a personal identifier.

The issuance of this identifier allows the use of PERENCO Guest Wi-Fi networks and PERENCO internal networks.

PERENCO shall not be held responsible:

In the case of disturbances and/or total or partial downtime, and/or interruption of the Service offered on networks operated by Third Party Operators.
In case of force majeure, within the meaning of the case-law of the Court of Cassation.

In the context of the use of this service, the User shall refrain from:

gathering or collecting any information about third parties without their consent;
disseminating, defaming, harassing, stalking, abusing, or threatening or violating the rights of others;
creating a false identity;
attempting to gain unauthorised access to a service and/or a file, or data;
distributing or downloading elements containing software or other material protected by intellectual property rights, unless (s)he has holds such rights or have received all necessary consents to do so;
sending any unsolicited email or proceed to any spamming;
sending any mail and/or electronic message with threatening, abusive, defamatory, obscene, indecent, or unlawful comments, or comments that infringe the rights of persons and the protection of minors;
transmitting any viruses, Trojan, logic bomb or any other malicious or destructive programme to any third parties and/or user;
attempting to gain unauthorised access to an automated data processing system and remaining on it;
disrupting the services and/or content and/or data which (s)he accesses;
sending chain letters or offer so-called "snowball" or pyramidal sales;
sending any advertising, promotional message or any other form of solicitation or unsolicited canvassing;

The User is responsible for his/her own use of IT resources. (S)he undertakes to respect the rules of IT ethics. (S)he is solely responsible for any damage, whether direct or indirect, material or immaterial, caused to third parties, which may result from her/his own use of the service.

The User is solely responsible for the use of her/his access codes. Any use of the service (transmission of data, etc.) made using the access codes of the User is deemed to have been made by himself or herself, unless proved otherwise.

(S)he undertakes not to carry out intentionally operations that could hide her/ his true identity; and/or to steal the password of another User.

It is the responsibility of the User to verify that (s)he has all the equipment, software and browsers that allow her/him to use the service, as PERENCO is in no case responsible for the equipment chosen under the responsibility of the User, who is also responsible for the security and protection of her/his equipment.

8. Suspension/ Termination

PERENCO reserves the right to suspend and terminate access to the service, without the option for the User to claim any compensation or repair whatsoever, in case of a breach with one of the clauses of the conditions of use of the Wi-Fi service, in particular where:

PERENCO would be notified by Internet users, that the User does not comply with the Internet code of good conduct or uses the Internet in a way that is likely to cause prejudice to the rights of third parties, which would be contrary to morality or public order;
PERENCO would be notified by rights holders that the User reproduces and/or disseminates data protected by a property right/copyright;
PERENCO would evidence acts of piracy or attempted unlawful use of information circulating on the network, and relating to or originating from the User account.

9. Personal data

Any information shared by the User with PERENCO, such as her/his name, first name, age, mail address, email address, phone number as well as all the technical information collected by PERENCO when registering and using the PERENCO Wi-Fi Service, is the personal data of the User. Any handling and processing of personal data is the responsibility of PERENCO. PERENCO uses Personal Information to provide the User with an access to PERENCO Wi-Fi service, to improve and optimise its quality, to manage the User account, to convey information relating to PERENCO Wi-Fi Service, to develop PERENCO or third party products and services, to offer services adapted to the needs of Users and to carry out statistical surveys and studies.

PERENCO takes all the necessary steps to safeguard the protection and confidentiality of the personal nominal data held, or any other information handled in compliance with the scope of the French Data Protection Act, i.e. Law n° 78-17 of 6 January 1978, amended, relating to computer held information, files and civil liberties. Any information collected as part of the registration to the Service as well as the details gathered during the Service use by the User are subject to computer processing.

The communication of this data is strictly controlled, under the regulations of/ in compliance with the requirements of the French Data Protection Authority "Commission Nationale Informatique et Libertés" (CNIL).

In the context of the above-mentioned data processing, PERENCO may use providers acting on its behalf and under its responsibility. If these providers are located outside of the European Union, they will then previously have signed the "Standard Contractual Clauses” in accordance with Decision 2002/16/EC of 27 December 2001 of the European Commission. Recourse to these providers is necessary to allow the proper execution of the contract between PERENCO and the User.

At all times, the User may exercise her/his right of access, rectification, complementary information and, where appropriate, opposition, as regards her/his individual personal data with PERENCO, by sending a letter mail to: PERENCO IT Service - 7 rue de Logelbach - 75017 Paris - FRANCE.

The User shall provide PERENCO with her/his name, first name, login ID and a copy of her/his identity card or passport. (S)he shall also specify the address to which (s)he wants to receive the response of PERENCO.

The User is informed that PERENCO may use her/his personal information in cooperation with the User Service providers to identify the User in the case of failure to comply with the conditions of use, to protect or secure the services of PERENCO or its customers, or even to meet the requests of administrative or judicial authorities, or any other third party authorised under the law or under a regulation.