Privacy Policy

READ THIS PRIVACY POLICY CAREFULLY BEFORE USING ANY SERVICE FROM LAYER3. BY ACCESSING THIS WEBSITE OR USING THE SERVICES, YOU WILL BE CONCLUSIVELY PRESUMED TO HAVE NOTICE OF AND HAVE AGREED TO BE BOUND BY THE MOST RECENT PRIVACY AS MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS TO THIS WEBSITE AND USE OF THE SERVICES.

When accessing our Website or using our Services, you may be required to give us certain information. Layer3 asks for and maintains information on its visitors and customers to provide a better, more personal experience. This Privacy Policy describes the conduct and practices of Layer3 as it applies to all our visitors and customers.

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.

1.4         Layer3 collects certain User Information when you register with Layer3 for a Layer3 account, when you use certain Services, when you ask to be included in an email or other mailing list, or when you submit User Information to Layer3 for any other reason. From time to time, Layer3 receives User Information from business partners and vendors. Layer3 only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Privacy Policy and applicable laws.

1.5         Access to certain parts of our Website may require a username and a password. The use of those parts of our Website, and the information, applications or programs downloadable from those parts of our Website and/or Services available from our Website shall be governed by the Terms and Conditions of Service and this Privacy Policy. Unless you request deletion of User Information as specified below, User Information may be retained by Layer3 to verify compliance with the Terms and Conditions of Service and this Privacy Policy, log software licenses granted, to track applications, programs and/or Services downloaded from those parts of our Website, or track usage of such applications, programs and/or Services.

1.6         You may have the right to access and, if necessary, to rectify your User Information.

2.          Notice

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

3.1         We will always give you the opportunity to “opt out” of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your User Information in accordance with this Privacy Policy unless you take affirmative action to indicate that you do not consent, for instance by

(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.

3.3         Layer3 is not responsible for removing User Information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy.

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.

5.2 Layer3 and, where relevant, the Layer3 will retain User Information for as long as is necessary to carry out any of the purposes set out in this Privacy Policy and to comply with applicable laws and orders of competent authorities.

6. Information Sharing and Disclosure

6.1 User Information may be stored and processed in any country in which Layer3, its agents, affiliates, service providers and/or suppliers maintain facilities. In this regard, or for purposes of sharing or disclosing User Information in accordance with this Privacy Policy, Layer3 reserves the right to transfer User Information outside of your country of residence. By using our Website and/or Services, you consent to any such transfer of User Information outside of your country of residence.Such User Information may be subject to supervision by the competent authorities in each jurisdiction where Services are performed or User Information resides, as well as in the jurisdiction of your residence.

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.

6.4 Within Layer3, User Information and traffic data are stored in controlled servers with limited access. Layer3 shall not share, sell, rent, trade or otherwise transfer any personal and/or User Information, traffic data and/or communications content to any third party without your explicit permission, except as provided in this Privacy Policy.

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;

(b)          where necessary to enforce the Terms and Conditions of Service and/or this Privacy Policy;

(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.

6.7         You acknowledge, understand and agree that Layer3 may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if you violate the provisions of the Terms and Conditions of Service and/or the Privacy Policy. You acknowledge, understand and agree that Layer3 does not endorse the content of any customer communications and Layer3 is not responsible or liable for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.

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

Our Website may contain links to other websites operated by third parties. Layer3 does not share User Information with those third party websites and is not responsible for their privacy practices. Once you have left our Website, you should check the applicable privacy policy of the third party website to determine how they will handle any information they collect from you. Layer3 will not be responsible for your actions or omissions on third party websites including your violation of any privacy policies of the third party website.

10. Contacting You

Layer3 may contact you to notify you of issues and faults with our Services, and if you are considered to have breached any of the terms of the Terms and Conditions of Service and/or Privacy Policy, or if another person makes a complaint about your access of our Website or your use of our Services. Layer3 may occasionally ask you to provide information on your experiences with our Website and/or Services. Any such feedback will always be voluntary and will be used only for the purposes of measuring and improving the quality of our Website and/or Services and not stored as User Information or combined with other User Information.

11. Changes to this Privacy Policy

Layer3 may, at its sole and absolute discretion, amend this Privacy Policy from time to time. If we make any substantial changes in the way we use User Information we will make that information available by posting a notice on our Website or by publishing the modified Privacy Policy. It is your responsibility to review the terms of this Privacy Policy from time to time, particularly if the most recent revision date is after the date on which you last reviewed them. Any changes will become effective as specified in the notice. If you access our Website and/or use the Services after notification of a change in this Privacy Policy, you will be bound by all such changes.

12. Questions or Concerns

If you have questions or concerns about our collection, use or disclosure of User Information, please contact us at support@layer3.net.nz.

13. Dictionary

 In this Privacy Policy these words have the following meaning:

Privacy Policy means this privacy policy as further described in clauses 1 to 12.

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.