1. User Information
1.1 Layer3 collects certain User Information when you access our Website or use our Services.
1.2 “User Information” means any information that may be used to identify an individual or entity, including the following:
(a) Identification data (for example, first and last name, email address, home, postal or other physical address, e-mail address, mobile phone number, telephone number, other contact information, title, birth date, gender, personal interests, other information needed to provide a Service you requested;
(b) Electronic identification data (for example, IP addresses, cookies phone information, country information and network information;
(c) Payment related information;
(d) Information about your usage of and interaction with our Website and/or Services including computer and connection information, device capability, bandwidth, statistics on page views, and traffic to and from our Website;
(e) Services subscribed and delivered;
(f) Your user profile including your username and password;
(g) Correspondence between you and Layer3;
(h) Traffic data (data processed for the purpose of the conveyance of communications or the billing thereof, including, but not limited to, the duration of the call, the number calling and the number called);
(i) Transaction data;
(j) Business financial information; and
(k) Any content that is required by any applicable laws or competent authorities.
1.3 When you browse our Website, you do so anonymously, unless you have logged in with your username and password. We do not automatically collect User Information, including your email address. Like many other commercial websites, our website may use a standard technology called a “cookie” to collect information about how you use our Website. Please go to “Cookies and Tracking Technology” below for more information.
1.6 You may have the right to access and, if necessary, to rectify your User Information.
When User Information is collected, we will inform you at the point of collection the purpose for the collection. Layer3 will not transfer User Information to third parties without your consent, except under the limited conditions described under “Information Sharing and Disclosure” below. If you choose to provide us with User Information, we may only transfer that User Information, within Layer3 or to Layer3’s third party service providers with your permission. Upon receiving your permission, we may transfer your User information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
3. Opt-out Policy
(a) clicking or checking the appropriate option or box at the point of collection; or
(b) by contacting us at support@Layer3.net.nz
3.2 In some cases, when applicable, we will provide you with the opportunity to “opt in.” This means we will require your affirmative action to indicate your consent before we use your User Information for purposes other than the purpose for which it was submitted.
3.4 You may also ask Layer3 to stop processing User Information. However, please note that this will most likely prevent you from using accessing certain parts of our Website or from accessing part or all of our Services since Layer3 must use User Information in order to provide you with our Services. You can exercise your right to prevent further processing of User Information by contacting Layer3 at support@Layer3.net.nz.
4. Cookies and Tracking Technology
4.1 Layer3 automatically receives and records information on our server logs from your browser. Layer3 employs cookies in order for its server to recognize a return visitor as a unique user including, without limitation, monitoring information relating to how you arrive at our Website, what kind of browser you are on, what operating system you are using, your IP address, and your click stream information and time stamp (for example, which webpages you have viewed, the time the webpages were accessed and the time spent per webpage).
4.2 Cookies are small text files placed in the ‘cookies’ folder on the hard disk of your computer and allow Layer3 to remember you. The cookies placed by Layer3 server are readable only by Layer3, and cookies cannot access, read or modify any other data on your computer. All web-browsers offer the option to refuse any cookie, and if you refuse Layer3 cookie then Layer3 does not gather any information on you.
4.3 Layer3 cannot and will not gather information about other websites you have been on. At times, Layer3 may ask for more specific contact information to be entered as a means of registration before accessing a certain part of our Website. Layer3 uses this information to understand its visitors and, with permission, to provide visitors with updates on Layer3 and our Services.
5. Information Usage
5.1 Our primary purpose in collecting User Information is to provide you with a safe, smooth, efficient, and customised experience. Layer3 collects and uses, or has third party service providers acting on Layer3’s behalf collecting and using, User Information relating to you, as permitted or necessary to:
(a) provide Services;
(b) process transactions and payment for the subscription of Services;
(c) offer or provide other applications, programs and/or services to you from time to time;
(d) provide you with customer support and troubleshoot problems;
(e) compare information for accuracy;
(f) inform you about service updates and faults;
(g) request feedback or participation in on-line surveys;
(h) resolve disputes;
(i) verify your identity;
(j) customize, measure, and improve our Website and/or Services;
(k) organise and carry out marketing or promotional operations, offers and similar events; and
(l) protect both yours and Layer3’s interests, including fraud detection and enforcement of our Terms and Conditions of Service.
6. Information Sharing and Disclosure
6.2 In order to provide you with the Services you have requested, Layer3 may sometimes, if necessary, share some of User Information and traffic data with third parties such as agents, affiliates, service providers, suppliers, third party banking organisations or other providers of payment, email delivery, analytical services, customer support or hosting services. Layer3 will always require these third parties to take appropriate organisational and technical measures to protect User Information and traffic data and to observe applicable laws.
6.3 Some Services may be co-branded and offered together with or via a partner company. If you register for or use such Services, you consent to both Layer3 and the partner company’s use of some of the User Information collected in connection with the co-branded product, as necessary. Layer3 may offer our Website and/or Services in connection with other websites, applications, programs and/or services or may team with other online services to give you the combined results of both applications, programs and/or services or additional applications, programs and/or services and benefits.
6.5 Layer3 may send User Information to third parties under any of the following circumstances:
(a) when we have your consent to share the User Information;
(b) we need to share your User Information to provide the Services that you have requested; and
(c) we need to send the User Information to third parties who on behalf of Layer3 provide the Services to you (we will only provide such third parties the relevant information required for the delivery of the Services, and the third parties are prohibited from using such User Information for any other purpose).
6.6 Layer3 considers any and all messages transmitted via our Websites and/or Services to be private communication between our customer and the recipient. You agree that Layer3 may monitor, edit or disclose the content of our customer’s private communications, and/or disclose User Information to third parties:
(a) as required by applicable laws, to comply with legal process or by the order of competent authorities;
(c) to respond to legal claims that any customer has violated the rights of third parties; or
(d) to protect the safety, interests, rights or property of Layer3 or others.
6.8 We also may use User Information to keep you updated on our latest Service announcements, updates and special offers or other information you may be interested to hear about from us unless you have opted out of these types of communications.
6.9 As Layer3 continues to develop its business, Layer3 may sell or buy subsidiaries or business units. In such transactions as well as in the event that all or substantially all of Layer3’s assets are acquired by a third party, User Information of Layer3 customers will generally be one of the transferred business assets. We reserve the right to include User Information, collected as an asset, in any such transfer to a third party.
7. Data Security
7.1 Layer3 account information is password-protected for your privacy and security. Layer3 has implemented reasonable security policies, rules and technical measures to safeguard the security of User Information and the data you send us with physical and electronic procedures. While Layer3 strives to protect User Information, we cannot ensure the security of the information you transmit to us, and we urge you to take every precaution to protect your personal information when you are on the Internet. We recommend that you change your passwords often, use a combination of letters and numbers, and ensure that you use a secure browser.
7.2 You undertake to keep your username and password secure and confidential and shall not disclose or permit it to be disclosed to any unauthorised person, and to inform us as soon as reasonably practicable at support@Layer3.net.nz if you know or suspect that someone else knows your username and password or believe the confidentiality of your username and password has been lost, stolen or compromised in any way or that actual or possible unauthorized transactions have taken place. Layer3 is not liable for any damages resulting from any security breaches, on unauthorized and/or fraudulent use of your username and password.
8. Anti-Spam Policy
Layer3 has zero tolerance for spam. If you receive spam messages and want to report it to Layer3, please forward the message you have received to support@Layer3.net.nz.
9. Third Party Sites
10. Contacting You
12. Questions or Concerns
If you have questions or concerns about our collection, use or disclosure of User Information, please contact us at firstname.lastname@example.org.
Layer3 means Layer3 Limited (Company Number 1597875).
Services means the cloud computing, web hosting other products and services supplied by Layer3 to you from time to time.
Website means Layer3 website.