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ITS-002 - WIFI Warning and Disclaimer Policy_2011SAINT 101IN Subject: City of Saint John WIFI Warning and Category: Policy Disclaimer Policy Policy No.: COS-ITS-002 M&C Report No.: Effective Date: 2011-10-24 Next Review Date: (3 years) Area(s) this policy applies to: Information Office Responsible for review of this Policy: Technology Information Technology Services Related Instruments: Policy Sponsor: Revision History: Document Pages: This document consists of 6 Common Clerk's Annotation for Official eRecord Date of Passage of Amendment to Policy: October 24, 2011 I certify that this Policy was adopted by Common Council as ind _June 7, 2017 Common Clerk Date Date Created: Common Council Approval Date: 2011-10-19 2011-10-24 Contact: IT Manager TABLE OF CONTENTS 1. COUNCIL RESOLUTION 2. COUNCIL REPORT 3. POLICY POLICY — WARNING AND DISCLAIMER FOR PUBLIC WIFI SERVICE AT CITY OWNED FACILITIES Common Council Meeting — October 24, 2011 RESOLVED that as recommended by the City Manager in the submitted report entitled Warning and Disclaimer for Public WIFI Service at City Owned Facilities that Common Council approve the submitted policy entitled "City of Saint John WIFI Warning and Disclaimer". F PORT TO COMMUGN COUNCIL October 19"', 2011 His Worship Mayor Ivan Court and Members of Common Council City of Saint John Your Worship and Councillors SUBJECT: Warning and Disclaimer for Public WM Service at City Owned Facilities BACKGROUND: In the 21 't Century being connected and connecting to the internet is to the telephone what the telephone was to the mail service 100 years ago. Twenty years ago payphones were common place in public areas and hotels; today users congregate in these areas to access wireless hotspots. Wireless communication or WiFi is the preferred and number one method that the world uses to connect to the internet. Municipalities that facilitate wireless access by providing free public internet portray an open, connected, and cooperative persona. ANALYSIS: Implementing a municipal WiFi system would require an expensive network upgrade and infrastructure investment. The City of Saint John has made a limited investment in WiFi infrastructure. This infrastructure was implemented to provide network connectivity for City operations in City Hall, Municipal Operations, and Leisure Service.s. This system has now been augmented and the City's Local Area Network (LAN) has been extended. As a result the City is in a position to provide free public internet access at the following City owned facilities: + City Market, + P1anSJ Storefront, + Canada Games Aquatic Center • Charles Gorman Arena, + Hilton Belyea Arena, + Lord Beaverbrook Arena, • Peter Murray Arena, and Stewart Hurley Arena. 127 Prior to using the City's free public internet service users need to acknowledge a Warning and Disclaimer policy. This document (see attached policy, entitled "City of Saint John WiFi Warning and Disclaimer") informs the user of the risks of the service and the manner in which information is collected and used in the course of providing the service. The policy was written by the City's Legal Department with input from the Common Clerk's office. FINANCIAL IMPLICATIONS: Free public WiFi can be provided to Citizens and visitors of City Facilities. This service will not result in additional Operating or Capital expenses for the City. RECOMMENDATION: That the attached policy, entitled "City of Saint John WiFi Warning and Disclaimer". be approved by Common Council. Respectfully submitted, Brian Woods, M.Se. Information Technology, Manager J. ck Woods, C.G.A. City anager `W-*1 City of Saint John WiFi Warning and Disclaimer The City of Saint John (the "City") provides free Wireless Fidelity ("WiFi°) Internet hotspoth (the "Service") originating from several City buildings and facilities. WiFi allows you to access the Internet without cables or wires. With a wireless networking card in your privately owned Laptop, Smart Phone or any WiFi enabled device (generally, the "WiFi-Enabled Equipment"), you can access the Internet in and around several City buildings and facilities. Security/Privacy Waming WARNING: The Service, which is free, is provided through an open network and is offered for your convenience. Use of the Service is AT YOUR OWN RISK AND PERIL. The Service is available to the public and is NOT SECURE. The City cannot and does not guarantee the privacy of your data and communications while using the Service. There are potentially serious security/privacy issues when any WiFi-Enabled Equipment is connected to the Internet without the appropriate protection, including viruses, worms and other programs that can damage your WiFi- Enabled Equipment, and attacks on your WiFi-Enabled Equipment by unauthorized or unwanted third parties. By using the Service, you acknowledge and knowingly accept the potentially serious risks of accessing the Internet using the Service. It is recommended that you take steps to protect your WiFi-Enabled Equipment, such as installing current anti -virus software and maintaining appropriate firewall protection. For further information on how to protect your W&Enabled Equipment while using the Service, consult a network security professional, In providing the Service, the City will collect personal Information directly from users, however, that collection will be strictly limited to what is necessary to deliver the Service Unless required to do so by law, the City will not share your personal information with any third party without your express consent. The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of PrfvacyAct. For further information or questions regarding the collection of personal information necessary to offer the Service, please contact the Privacy, Access, Records & Information Management Officer of the City: City Hall Building 8th Floor -15 Market Square Saint John, N.B. E21- 1 E8 commonclerk@saintjohn.ca (506) 674-4157. You acknowledge and agree that YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND PERIL. Disclaimer I. Service provided "AS IS". The Service enables access to the Internet on an "as is" basis with all risks inherent in such access. The City makes no warranty, either express or implied, that the Service or that any information, software, or other material accessible using the Service is free of viruses, worms, trojan horses or other harmful components. By connecting to the Internet via the Service, you acknowledge and accept the risks associated with public access to the Internet and public use of an unsecured wireless network. 11. Service provided "AS AVAILABLE". The Service is provided on an "as available" basis without warranties of any kind, either express or implied, that the Service will be uninterrupted or error -free, including but not limited to vagaries of weather, disruption of service, acts of God, warranties of title, non-infnngement, NOR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. III Indemnity. Under no circumstances shall the City, or the City's affiliates, employees, agents, or contractors, be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use the Service or to access the Internet or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance You agree to indemnify and hold harmless the City and the City's affiliates, employees, agents or contractors, from any claim, liability Inss, damage, cost, or expense (including, without limitation, reasonable legal fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third pattes rights or an violation of law or regulation, or any breach of this Agreement. 129