1. This free WiFi service being offered at this location (the “WiFi Service”) is provided at Afound through H&M Hennes & Mauritz Netherlands BV (“H&M”, “we” “us” or “our”) whose registered office is at Kalverstraat 112, 1012 PK Amsterdam and whose company registration number is 33 20 83 11.
2. By using the WiFi Service and/or checking the “I Accept” checkbox on the login/registration page you acknowledge that you are 18 years or older and you agree to be bound by these terms and conditions (the “Terms”). If you do not agree, do not use the WiFi Service. We reserve the right to modify or amend these Terms at any time. Your continued use of the WiFi Service following any revisions to these Terms will confirm that you have agreed to the modified or amended terms.
3. You are granted a limited, non-transferable right to access and use the WiFi Service for your personal, non-commercial use only. Nothing in these Terms constitutes a transfer of any intellectual property rights to you. The WiFi Service is provided “as is” and no warrant is made by H&M of any kind whatsoever, including, but not limited to, availability, performance, functionality, security of the WiFi Service or that the WiFi Service is fault free.
4. You are responsible for providing all necessary, compatible hardware and software to use the WiFi Service, and you are aware that the availability and performance of the WiFi Service are subject to any and all limitations connected therewith. We are under no obligation to assist you with any support for the WiFi Service.
5. When you’re using the WiFi Service you must not act in a way that could be unlawful or that could encourage others to act unlawfully. You may not infringe intellectual property rights or engage in any criminal offence or encourage anyone else to do so. You are responsible for all obligations towards third parties you may consent to while using the WiFi Service, including but not limited to any obligation to pay fees, costs, royalties or other remuneration. You may not transfer the rights and obligations you may have according to these Terms on a third party.
6. You may not visit websites providing pornographic, racist, other unethical or unlawful information. You may not make contact with or arrange meetings with children with any sexual end in mind. This contact includes but is not limited to: chat software, chat sites, discussion forums and email mailing lists. You may not use the WiFi Service to harm or attempt to harm minors in any way. You must not undertake any actions that are objectionable, immoral or inappropriate. Do not use the WiFi Service to collect email addresses or other personal details. Do not use the WiFi Service to send spam or junk mail.
7. Do not use the WiFi Service in a way that could affect the WiFi Service, the network or other technology connected to it (for example, do not do anything that could affect our provision of the WiFi Service to other users or that would affect the devices of our other WiFi Service users). Be considerate, in particular do not upload/download very large files and make sure your device is protected by up to date anti-virus software to protect both yourself and other users.
8. We are offering the WiFi Service for free for the purpose of enabling limited access to the Internet. You accept that we do not guarantee access to the WiFi Service and agree that there may be occasions when the WiFi Service may not be available to you. There may also be times when we control the types of information and/or content that can be transmitted or accessed over the WiFi Service (both sent and received). We reserve the right to suspend or terminate your access to the WiFi Service at any time at our discretion and without any responsibility to you or third party.
9. You agree to indemnify H&M and/or the H&M group of companies against any claims, damages, fees, losses, costs or expenses arising directly or indirectly out of your use of the WiFi Service and/or any breach by you of these Terms, including any content or material that you access or make available through your use of the WiFi Service.
10. H&M is in no way liable for any information, data or content received, accessed or transmitted through your use of the WiFi Service. You are using the WiFi Service solely at your own risk. You acknowledge that the WiFi Service is not secure. You acknowledge that we are not responsible for the security of your information (which includes, without limitation, data you transmit on the WiFi Service) and similarly are not responsible for the accuracy, completeness or timeliness of any information obtained through the WiFi Service from the internet.
11. Notwithstanding anything else in these Terms to the contrary and to the fullest extent permitted by applicable law, we are in no way liable to you or any third party for any claims, damages, fees, losses, costs or expenses arising directly or indirectly as a result of the WiFi Service being used by you or any other person, being unavailable, not operating as expected or causing loss or damage to any data.
12. If any provision in these Terms should be held invalid, void or unenforceable by any competent authority, in whole or in part, the validity and enforceability of other provisions in these Terms shall not be affected.
13. You agree that these Terms shall be governed by and interpreted in accordance with the laws of The Netherlands without reference to its conflict of law provisions. Any dispute or claim arising out of, or in connection to these Terms which cannot be resolved directly between the parties shall be resolved by the court of Amsterdam.

H & M Hennes & Mauritz Nederlands B.V.
Kalverstraat 112
1012 PK Amsterdam
Netherlands
Telephone: 0900-1988
KvK number: 33 20 83 11

Data privacy is of high importance for AFOUND and we want to be open and transparent with our processing of your personal data.

We therefore have a policy setting out how your personal data will be processed and protected.

Who is the controller of your personal data?

The Swedish company, H & M Hennes & Mauritz GBC AB (“AFOUND”), is the controller of the personal data you submit to us and responsible for your personal data under applicable data protection law.

H & M Hennes & Mauritz GBC AB

Mäster Samuelsgatan 46

106 38 Stockholm

Sweden

Companies register: Bolagsverket/Swedish Companies Registration Office

Company registration number: 556070-1715

Authorised representative: Helena Helmersson

VAT registration number: VAT NO. SE556070171501

Where do we store your data?

The data that we collect from you is stored within the European Economic Area (“EEA”) but may also be transferred to and processed in a country outside of the EEA. Any such transfer of your personal data will be carried out in compliance with applicable laws.

For transfers outside the EEA, AFOUND will use Standard Contractual Clauses and EU-US Privacy Shield Framework as safeguards for countries without adequacy decisions from the European Commission.

Who can access your data?

Your data may be shared within the AFOUND group (for details on the companies within the AFOUND group, please refer to our annual report which may be found at about.hm.com). We never pass on, sell or swap your data for marketing purposes to third parties outside the AFOUND group.

The local AFOUND company will only act as  the personal data processor and processes the personal data on behalf of the Swedish company. Data that is forwarded to third parties, is only used to provide you with our services. You will find categories of third parties under every specific process below.

What is the legal ground for processing?

For every specific process of personal data we collect from you, we will inform you whether the provision of personal data is statutory or required to enter a contract and whether it is an obligation to provide the personal data and possible consequences if you choose not to.

What are your rights?

Right to access:

You have the right to request information about the personal data we hold on you at any time. Please contact Customer Service and we will provide you with your personal data via e-mail.

Right to portability: 

Whenever AFOUND processes your personal data, by automated means based on your consent or based on an agreement, you have the right to get a copy of your data transferred to you or to another party. This only includes the personal data you have submitted to us.

Right to rectification: 

You have the right to request rectification of your personal data if the information is incorrect, including the right to have incomplete personal data completed.

If you have an AFOUND account (AFOUND membership), you can edit your personal data under your account pages.

Right to erasure:

You have the right to erase any personal data processed by AFOUND at any time except for the following situations:

*you have an ongoing matter with Customer Service

*you have an open order which has not yet been shipped or partially shipped

*you have an unsettled debt with AFOUND, regardless of the payment method

*if you are suspected or have misused our services within the last four years

*your debt has been sold to a third party within the last three years or one year for deceased customers

*your credit application has been rejected within the last three months

*if you have made any purchase, we will keep your personal data in connection to your transaction for book-keeping purposes

Your right to object to processing based on legitimate interest: 

You have the right to object to processing of your personal data that is based on AFOUND’s legitimate interest. AFOUND will not continue to process the personal data unless we can demonstrate legitimate grounds for the process which overrides your interest and rights or due to legal claims.

Your right to object to direct marketing:

You have the right to object to direct marketing, including profiling analysis made for direct marketing purposes.

You can opt out from direct marketing by the following means:

* following the instruction in each marketing emails

* by editing the settings of your AFOUND account

Right to restriction:

You have the right to request that AFOUND restricts the process of your personal data under the following circumstances:

* if you  object to a processing based AFOUND:s legitimate interest, AFOUND shall restrict all processing of such data pending the verification of the legitimate interest.

* if you have claim that your personal data is incorrect, AFOUND must restrict all processing of such data pending the verification of the accuracy of the personal data.

* if the processing is unlawful you can oppose the erasure of personal data and instead request the restriction of the use of your personal data instead

* if AFOUND no longer needs the personal data but it is required by you to defend legal claims.

How can you exercise your rights?

We take data protection very seriously and therefore we have dedicated customer service personnel to handle your requests in relation to your rights stated above.You can always reach them at   dataprotection.nl@hm.com.

Data Protection Officer:

We have appointed a Data Protection Officer to ensure that we continuously process your personal data in an open, accurate and legal manner. You can contact our Data Protection Officer at dataprotection.nl@hm.com and write DPO as subject matter.

Right to complain with a supervisory authority:

If you consider AFOUND to process your personal data in an incorrect way, please contact Customer Service. You also have the right to raise a complaint to a supervisory authority.

Updates to our Privacy Notice:

We may need to update our Privacy Notice. The latest version of the Privacy Notice is always available on our website. We will communicate any material changes to the Privacy Notice, for example the purpose of why we use your personal data, the identity of the Controller or your rights.

Why do we use your personal data?

When you connect to our free WiFi service we will collect personal data from your device (MAC address) in order to be able to provide the WiFi service to you. When login and use the WiFi service we will also use your personal data to verify your compliance with the Terms & Conditions of the service. We might also by using anonymization techniques, turn personal data into anonymized (non-personal data) for statistical purpose.

Anonymized personal data might be used for the purpose of creating statistics on movements, behaviors and flows in our store premise. Statistics will help us gain better insights on how to operate our stores in a more efficient way by e.g. optimized assortment, floor space and staff utilization. Any data used for this purpose is anonymized and not retraceable to you as an individual.

What types of personal data do we process?

When connect to the WiFi service, we will collect the MAC-address (Media Access Control Address) a unique identifier assigned to your device and related information referring to device hostname,  geographic location and time.

Who has access to your personal data?

We may use third parties when providing the WiFi services to you, for this reason we share personal data with such third parties. We also share data with an internet service provider when granting you access to the internet via the WiFi service. When creating statistics out of anonymized data we may also share this with other companies of the AFOUND Group.

What is the legal ground to process your personal data?

When you connect to our free WiFi service, you permit us to collect and use your personal data necessary to provide the requested WiFi service (fulfillment of a contract) and, by using anonymization techniques, turn personal data into anonymized (non-personal data) for statistical purpose (legitimate interest).

How long do we save your data?

We will keep your personal data as long as necessary for us to provide the WiFi service in accordance with the agreed Terms & Conditions and to ensure your compliance with these. The retention period will be up to 14 months from when you last connected to the WiFi network.

Personal data used for statistical purpose is anonymized by technical means after collection. Once your data is anonymized, your personal data is irreversibly erased