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During our investigation of this case, the company, in relation to the allegation that the ‘stop’ command was not working, admitted that there were technical issues with the opt-out service of its text provider and stated that it had it acted immediately to rectify this once it became aware of it. On the matter of marketing consent, the company informed our investigation that the complainant had logged onto the Wi-Fi at its Lower Baggot Street, Dublin outlet in April 2016. It described how a user must enter their mobile phone number on the sign-in page following which they receive a PIN number to their phone which enables the user to proceed. After entering the PIN correctly, the customer is presented with a tick box to accept the terms of service which includes a privacy policy. Having examined the matter, we advised Paddy Power Betfair Plc that we did not see any evidence that the user was given an opportunity to opt out of marketing as is required by S.I. 336 of 2011 (the ePrivacy Regulations). We formed the view that the company was unable to demonstrate that the complainant unambiguously consented to the receipt of marketing communications. The company understood our position and it undertook to work with its Wi-Fi providers to add the required marketing consent tick box on its registration page. It also immediately excluded all mobile phone numbers acquired through the Wi-Fi portals from further marketing communications.
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