TENGOINTERNET, INC. PRIVACY POLICY

Last updated February 14, 2022

Thank you for choosing to be part of our community at TengoInternet, Inc. (“Company”, “we”, “us”, “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this Privacy Policy, or our practices with regards to your personal information, please contact us at privacy@tengointernet.com.

When you visit our website http://www.tengointernet.com (the “Website”), use our mobile applications (each, an “App”) and more generally, use any of our services including obtaining Wi-Fi access at various locations owned and operated by independent third parties (the “Services”, which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this Privacy Policy, we seek to explain to you what information we collect, how we use it and what rights you have in relation to it. This Privacy Policy applies to all information collected through our Services as well as any marketing or events.  If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Services immediately.

Please read this Privacy Policy carefully as it will help you understand what we do with the information that we collect.

The Website and App are not designed nor intended to be attractive to use by children under the age of 13. We require that users must be 18 years old or older in order to register on our Website and App and use our Services. If you are under the age of 18, please do not submit any information to us.

1. INFORMATION WE COLLECT
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you register to use, and when you use the Services or otherwise when you contact us.  The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. To the extent you provide them, we may collect names; phone numbers; email addresses; mailing addresses; usernames; passwords; billing addresses; contact preferences; and other similar information.

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your credit card number, and the security code associated with it. All payment data is stored by TrustCommerce, a third-party over whom we do not exercise any control.  We do not save or store any credit card information ourselves. They may use your information in accordance with their own privacy policy.  You may find their privacy policy link here: https://www.trustcommerce.com/privacy-policy/.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information collected automatically
We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, device MAC address, Local Area Network IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. We do not treat this information as Personal Information, except where the information can identify you when associated with other Personal Information we hold or where we are required to do so under applicable law such as the CCPA (defined below) to the extent applicable to us.  “Personal Information”, is any information that enables us to identify you, directly or indirectly, such as your email address, name, shipping and billing address, telephone number, company name, credit card information, any form of identification number, or one or more factors specific to your physical, physiological, mental, economic, genetic, cultural or social identity.

Like many businesses, we also collect information through cookies and similar technologies such as web beacons.  When you first access our Site from certain jurisdictions, you may receive a message advising you that cookies and similar technologies are in use.  For detailed information on the cookies we use and the purposes for which we use them, see our Cookie Policy at https://tengointernet.com/cookie-policy/.

The information we collect includes or may include:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
• Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system and system configuration information.
• Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

Information collected through our App

If you use our App, we may also collect the following information:

• Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model, Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our App, we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID and information about the features of our App you accessed.
• Push Notifications. We may request to send you push notifications regarding your account or certain features of the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.

2. HOW WE USE YOUR INFORMATION

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations.

We use the information we collect or receive:

• To facilitate account creation and logon process. We use your information to create and manage customer accounts.  In addition, if you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
• To verify your identity.
• To post testimonials. We may choose to post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at marketing@tengointernet.com and be sure to include your name, testimonial location, and contact information.
• Request feedback. We may use your information to request feedback and to contact you about your use of our Services.
• To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
• To manage user accounts. We may use your information for the purposes of managing your account and keeping it in working order.
• To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
• To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention, functionality debugging, error repair, for requesting verification information in order to reset account passwords).
• To resolve disputes, to protect the rights, safety and interests of ourselves, our users or others.
• To enforce our terms, conditions and policies and/or any contract we may have with you or with the location owner/manager at which you may be receiving Wi-Fi Services.
• To comply with legal and regulatory requirements or in connection with our Acceptable Use Policy.
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond and we have the right to share such data in response to the legal request.
• Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, and invoicing related to the Services.
• To administer any promotion, sweepstakes, contest, survey, or competition.
• To deliver and facilitate delivery of our Services. We may use your information to provide you with the requested Service, including to notify about changes to our Services and products.
• To respond to user inquiries/offer support to users. We may use your information to provide after-sales customer relationship management, to respond to your inquiries and endeavor to resolve any potential issues you might have with the use of our Services.
• To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time as set forth elsewhere in this Privacy Policy.
• Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
• For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information.

3. HOW AND WITH WHOM YOUR INFORMATION MAY BE SHARED

We may process or share your data that we hold based on the following legal bases:

• Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data and/or share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data on our behalf about how you interact with our Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.  For example, we use Google AdSense and Google Analytics on our Website.
• Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit or use the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
• Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
• Location Owners or Managers.  We may share your information with the owners or operators of locations at which you access our Services, and in logging in to the Wi-Fi Services you may be logging in through a third party (such as Purple Wi-Fi) whose own privacy policy would also apply to your information.

5. COOKIES AND OTHER TRACKING TECHNOLOGIES

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

6. THIRD-PARTY WEBSITES

The Website or Apps may link to third party websites of parties that are not affiliated with us and/or the Services may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this Privacy Policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Services. You should review the policies of such third parties and contact them directly to respond to your questions.

7. HOW LONG WE KEEP YOUR INFORMATION

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). User accounts will be removed from our system after 24 months of inactivity.

8. INFORMATION SECURITY

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. The Site encrypts your credit card number and other Personal Information using Transport Layer Security (TLS) technology to provide for the secure transmission of the Personal Information from your computer to our servers. TLS is an industry-standard protocol for encryption over the Internet. While no system is 100% secure, we believe that the measures we have implemented minimize the risk of a security breach to an appropriate level given the types of Personal Information involved. Please note that any Personal Information you provide us by email is unencrypted. Please also note that transmission of Personal Information via the internet is not secure and although we will endeavor to protect your information, we cannot guarantee the security of your information transmitted to our Website/App; any transmission is therefore at your own risk. Once we have received your information, we will use procedures and security features to try to prevent unauthorized access. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will make commercially reasonable efforts to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

You are responsible for maintaining the confidentiality of your username and password if you create one. Please keep your user ID and password confidential.  If you share your computer, we recommend that you log-out and close your browser window after using the Services in order to protect the confidentiality of your Personal Information.  You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

9. YOUR PRIVACY RIGHTS IN VARIOUS JURISDICTIONS

For residents of the EU/EEA, UK, Switzerland, and Canada:

If you are a resident in the European Economic Area (EEA) and you believe we are unlawfully processing your personal information, you have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

For the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), the company from which you have purchased products and/or services, or with which you have entered into communications, or which has otherwise collected your Personal Information is the controller of your Personal information.  This is TengoInternet, Inc., 1800 E 4th Street, Unit # 122, Austin, TX 78702, United States of America.

Residents of the EEA, EU, Switzerland, UK, and Canada are advised to be aware that the Personal Information we receive from you and about you may be held on our computers and systems in our offices and data centers in the United States and may be accessed by or given to our staff working in the United States.  Your Personal Information will be processed by us in the United States, where laws regarding data protection are less stringent than the laws in your country. By using our Website/App/Services and by providing any Personal Information to the Website/App/Services, all users, including without limitation users in Canada, the UK, Switzerland, and the European Union, acknowledge our collection and processing of such Personal Information in the United States. When disclosing Personal Information from the EU and the UK to a third party located in a country not recognized by the European Commission as ensuring an adequate level of protection (e.g., the United States), we will take appropriate steps to safeguard such Personal Information, such as by implementing the European Commission-approved Standard Contractual Clauses.  For the avoidance of doubt, we do not rely upon the now invalidated U.S. Department of Commerce Privacy Shield Framework in order to receive EU Personal Information in the U.S.  For further details, please contact us at privacy@tengointernet.com.

For individuals within the EEA only: Under the GDPR, in certain circumstances, you may have rights in relation to your Personal Information – specifically to:

(a) Request access to your Personal Information.   You may have the right to request access to any Personal Information we hold about you as well as related information, including the purposes for processing the Personal Information, the recipients or categories of recipients with whom the Personal Information has been shared, where possible, the period for which the Personal Information will be stored, the source of the Personal Information, and the existence of any automated decision making.

(b) Request the rectification of any inaccurate Personal Information.  You may have the right to obtain without undue delay the rectification of any inaccurate Personal Information we hold about you.

(c) Request erasure of your Personal Information. You may have the right to request that Personal Information held about you be deleted, provided that such Personal Information is not required by us for compliance with a legal obligation under US, European or Member State law or for the establishment, exercise or defense of a legal claim.

(d) Request restriction of processing of your Personal Information.  You may have the right to prevent or restrict processing of your Personal Information, except to the extent processing is required for the establishment, exercise or defense of legal claims.

(e) Request transfer of your Personal Information. You may have the right to request transfer of your Personal Information directly to a third party where this is technically feasible.

You can exercise any of these rights by emailing us at privacy@tengointernet.com.

In addition, where you believe that TengoInternet has not complied with its obligation under this Privacy Policy or EU or UK law, you have the right to make a complaint to an appropriate Data Protection Authority, such as the UK Information Commissioner’s Office.

California Residents.
California residents have special data privacy rights.  This is discussed below under the heading “Additional Privacy Rights Applicable to California Residents”.

Other US States.
Certain other states also provide additional rights to their citizens; you should check your local laws in this regard.
If you have questions or comments about your privacy rights, you may email us at privacy@tengointernet.com.

10. CHANGING ACCOUNT INFORMATION/TERMINATING; OPTING OUT OF E-MAIL MARKETING

Account Information:  If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log in to your account settings and update your user account.
• Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services or even make them inoperable. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes (“Necessary Purposes”). To opt-out of all contacts other than for Necessary Purposes, you may contact us at marketing@tengointernet.com.

11. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will adopt and conform to same.

12. ADDITIONAL PRIVACY RIGHTS APPLICABLE TO CALIFORNIA RESIDENTS

Shine the Light. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided herein.

If you are under 18 years of age, reside in California, and have a registered account with our Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA.  References to the CCPA are references to the California Consumer Privacy Act (“CCPA”), as amended including by the California Privacy Rights Act (“CPRA”).

Verified California residents have the following rights:

• To request and receive disclosure of our personal information data collection practices during the prior twelve (12) months, including the categories of personal information we collect, the categories of sources of such information, our business purpose* for collecting or sharing such information, and the categories of third parties with whom we share such information;
• To request and receive a copy of the personal information we have collected about them during the prior twelve (12) months;
• To request and receive disclosure of our information sharing practices during the prior twelve (12) months, including a list of the categories of personal information sold with the category of third party recipients and a list of the categories of personal information that we disclosed for a business purpose;
• To request that we not sell personal information about them; and
• To request that we delete (and direct our service providers to delete) their personal information (subject to certain exceptions).

If you have questions about your CCPA rights, please call us at +1 512 469 7660 or email us at privacy@tengointernet.com. For purposes of the CCPA, personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.

Sale of Information. We do not disclose personal information in exchange for payment of money; however, we may disclose personal information to certain third parties that provide us with services such as helping us with advertising, data analysis and security, which may fall under the definition of “consideration” and be considered a “sale” under the CCPA.

Categories of Information. During the past twelve (12) months, we have or may have collected the following categories of information from the listed sources, used it for the listed business purposes and shared it with the listed categories of third parties.  The categories of information include information we collect from our website visitors, registered users, employees, vendors, suppliers and any other person that interacts with us either online or offline. Not all information is collected about all individuals.  For instance, we may collect different information from applicants for employment or from vendors or from customers.

Category of Information collected

Source

Business Purpose(s)* for collection/use

Categories of Third-Parties receiving information

Identifiers (name, alias, postal address, email address, phone number, account name, Social Security number, driver’s license number, passport number, IP address)

Individuals submitting information to us;

Information we automatically collect from site visitors;

Information we may receive from third-party marketing and data partners.

Auditing relating to transactions;

Security detection, protection and enforcement;

Functionality, error repair;

Ad customization;

Performing services;

Internal research and development;

Quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners);
Government regulators;

Law enforcement;

Strategically aligned businesses.

Sensitive Information (name with financial account, medical, health, and health insurance information, username and password)

Individuals submitting information;

Employment applications;

Employees.

Auditing relating to transactions;

Security detection, protection and enforcement;

Functionality /error repair;

Performing services;

Internal research and development;

Quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners);

Government regulators;

Law enforcement.

Protected Classification Information (race, gender, ethnicity)

Individuals submitting information.

Auditing relating to transactions;

Security detection, protection and enforcement;

Functionality debugging/error repair;

Ad customization;

Performing services;

Internal research and development;

Quality control.

Service providers (such as payment processors, marketing partners, shipping partners);

Government regulators.

Commercial Information (transaction history, products/services purchased, obtained or considered, product preference)

Individuals submitting information;

Information we automatically collect from site visitors;

Information we may receive from third-party marketing or data partners.

Auditing relating to transactions;

Security detection, protection and enforcement;

Functionality /error repair;

Ad customization;

Performing services;

Internal research and development;

Quality control.

Service providers (such as payment processors, mail houses, marketing partners, shipping partners);

Affiliated companies;

Government regulators;

Law enforcement;

Strategically aligned businesses.

Electronic Network Activity (browsing or search history, website interactions, advertisement interactions)

Information automatically collected from site visitors.

Auditing relating to transactions;

Security detection, protection and enforcement;

Functionality debugging/error repair;

Ad customization;

Performing services;

Internal research and development;

Quality control.

Service providers (such as payment processors, marketing partners);

Affiliated companies;

Government regulators;

Law enforcement;

Strategically aligned businesses.

Audio, Video or Similar Information (customer service calls, emails, security monitoring)

Individuals submitting information;

Information we collect for security purposes.

Auditing relating to transactions;

Security detection, protection and enforcement;

Functionality /error repair;

Ad customization;

Performing services;

Internal research and development;

Quality control.

Service providers (such as payment processors, marketing partners, shipping partners);

Affiliated companies;

Government regulators;

Law enforcement;

Strategically aligned businesses.

Geolocation

Information we automatically collect from site visitors.

Auditing relating to transactions;

Security detection, protection and enforcement;

Functionality /error repair;

Ad customization;

Performing services;

Internal research and development;

Quality control.

Service providers (such as payment processors, marketing partners, shipping partners, employee benefits partners);

Affiliated companies;

Government regulators;

Law enforcement;

Strategically aligned businesses.

Professional, Educational, or Employment-related Information

Information submitted by individuals;

Information received from third parties in connection with vendor or employment status or applications;

Information we observe related to vendor or employment oversight.

Employee management and vendor oversight.

Service providers (such as payment processors, employee benefits partners);

Government regulators.

Inference from the above (preferences, characteristics, behavior, attitudes, abilities, etc.)

Internal analytics

Auditing relating to transactions;

Security detection, protection and enforcement;

Functionality /error repair;

Ad customization;

Performing services;

Internal research and development;

Quality control.

Service providers (such as payment processors, mail houses, marketing partners, shipping partners, employee benefits partners);

Affiliated companies;

Government regulators;

Law enforcement;

Strategically aligned businesses.