| In order for you to feel comfortable in communicating
through DTI DATA NZ, DTI DATA NZ Inc. has adopted a privacy policy
that governs user privacy in communicating via DTI DATA NZ,
subject to the following issues:
In case you may not feel comfortable with these
issues you are advised not to use DTI DATA NZ.
Use of the DTI DATA NZ software, the DTI DATA NZ network, system,
Web site, servers, various directories and listings,
message boards, tools, information and databases,
Commercial Activities related thereto or any part
thereof ("DTI DATA NZ Services and Information")
is subject to the terms and conditions of the
license agreement that accompanied the DTI DATA NZ software
("Software") or any updates thereof
("License Agreement") as well as to
the DTI DATA NZ Privacy Policy, Acceptable Use Policy,
Usage Notice and any other applicable terms of
service document all available on or through www.DTI DATA NZ.com/legal/
(the "DTI DATA NZ Terms of Service"). In case
of contradiction between any provision of the
License Agreement and the content of this document,
the provision of the License Agreement shall prevail,
unless the provisions of this document reflect
narrower responsibility on behalf of DTI DATA NZ Inc.
than the appropriate provision in the License
Agreement. DTI DATA NZ Inc. may change from time to time,
this Privacy Policy, with or without a release
of a new version of the DTI DATA NZ Software. You agree
that your continuing to use the Software and/or
the DTI DATA NZ Services and Information, for a period
of 30 days after such notice has been provided
on the DTI DATA NZ network or Web site for the first time,
shall constitute your consent to the new or revised
Privacy Policy. Any reference made in this Privacy
Policy to DTI DATA NZ Inc. shall be deemed to have been
made to DTI DATA NZ Inc., its subsidiaries, successors,
assignees, affiliates as well as any company that
controls DTI DATA NZ Inc., directly or indirectly, and
any other subsidiary of that controlling company.
European Union DTI DATA NZ users understand and
consent to the processing of personal information
in the United States.
If You Are Subject to Abuse or Harassment
If a user did not choose to refrain from publishing
his IP address on versions of the Software which
offer such option, you can try to find the last
IP address (including dynamic IP address) of any
such user on your contact list by 'right clicking'
the user's name field and then choosing "info".
This should give the user's last known IP and
dynamic IP address, even if user is currently
offline.
Messages sent via WWPager are stamped with the
IP and dynamic IP address of the sender and with
the time the message was sent.
Please note that the IP address revealed may
be erroneous. Furthermore, users may provide false
or misleading IP address.
The Internet Service Provider ("ISP")
of a user can usually be found by using any WHOIS
or DIG program (WHOIS and DIG programs are usually
available from the leading download sites). The
name, address and phone number of the person in
charge of the ISP will usually be listed. Please
note that DTI DATA NZ Inc. makes no warranty what so ever
as to the accuracy of the data in the WHOIS and
DIG programs or the functionality of any or all
of the WHOIS and DIG programs and is not responsible
for any damages that may result from download
or use of such WHOIS and DIG programs.
If you were able to locate user's IP address
in those versions of the Software which have such
option, you may contact his or her ISP and file
your complaint. The IP address (including the
dynamic IP address) and the time the harassment
occurred may enable the ISP to identify the user
responsible for the abuse or harassment. In addition,
or if you were not able to trace the user's IP
address, check if your version of the Software
offers ignore function (see information below
on the ignore function), and if so, you can put
the harassing account on your Ignore List and
DTI DATA NZ will automatically refrain from displaying
message, URL, chat, authorization request and
other events sent from a specific DTI DATA NZ account
on your Ignore List to your DTI DATA NZ account. You are
further advised to use other privacy features
applicable to your version of the Software, which
can be found on the 'Security & Privacy' option
on the DTI DATA NZ Menu button of your DTI DATA NZ version. Of
course you may always start using a different
account.
Privacy and Security Issues in DTI DATA NZ
Unless produced by DTI DATA NZ Inc., the information
you access or receive by using the DTI DATA NZ Software,
or available on the DTI DATA NZ Services and Information
or information sent to you by other users is provided,
entered or posted by the users and is not reviewed,
controlled, examined, verified or endorsed by
DTI DATA NZ Inc. in any way. Therefore, data and information
on the DTI DATA NZ Services and Information may be subject
to privacy and security invading activities including,
but not limited to, eavesdropping, electronic
trespassing, sniffing, spamming, nuking, hacking,
spoofing, "imposturing", breaking passwords,
harassment, fraud, forgery and system contamination
including without limitation use of viruses, worms
and Trojan horses causing unauthorized, damaging
harmful access and/or retrieval of information
and data on your computer and other forms of activities
that may even be considered unlawful. Information
and data may also not reach their destination
or reach an erroneous address or recipient.
Furthermore, due to the nature and functionality
of the DTI DATA NZ Software and the DTI DATA NZ Services and Information,
other people may become aware of or be able to
retrieve your selection of various programs or
other parameters, status indication including
posting of online - offline status of a user on
the Web or information regarding your IP and dynamic
IP address or any information and details submitted
by you in the registration procedure, or while
using the DTI DATA NZ Software and the DTI DATA NZ Services and
Information.
The information posted by DTI DATA NZ Inc. on its Web
site may be erroneous, outdated and may not fit
the various DTI DATA NZ Software versions or to the various
functions provided by the DTI DATA NZ Software or the
DTI DATA NZ Services and Information.
Responding to our users' wishes we are continuously
adding more functions to our program to allow
users to enhance the privacy and security level
of their communications with their peers. The
various DTI DATA NZ software versions may contain different
functions made to enable you to maintain your
privacy while still enjoying DTI DATA NZ. You are, therefore,
advised to examine the privacy and security functions
before using each such different version. You
are further advised to take the appropriate measures
necessary to avoid any potential privacy and security
invading activities while using DTI DATA NZ (for additional
information see below). Please note that the DTI DATA NZ
software and its privacy and security features,
as most Internet applications, are vulnerable
to various security issues including without limitation
various "exploits" applications that
may reduce the functionality of these features
to some or full extent, and hence should be considered
unsecured.
By using the DTI DATA NZ Software and its privacy and
security features, you may be subject to the various
risks described herein.
You should carefully determine whether any information
sent to you complies with your needs and with
any legal obligation, including without limitation
- obligations imposed by copyright, defamation,
decency, secrecy, privacy and export laws.
Privacy Policy and Standards
The holder of an DTI DATA NZ account password or anyone
on his behalf or authorized by him has the ability
and discretion to provide, disclose, update or
delete, at any time, the entire personal details
provided for that account or any part thereof
on or from the DTI DATA NZ directories maintained by DTI DATA NZ
Inc.. Please note that this is not necessarily
the case if you have provided details to directories
maintained by third parties such as the DTI DATA NZ lists,
the DTI DATA NZ Groups, the DTI DATA NZ virtual private networks
etc., nor is it valid with respect to messages
you have posted on the DTI DATA NZ message boards. Once
such information is provided, other people may
obtain and retain such information. Such details
or any later addition or amendment thereto may
not be immediately visible to all users (e.g.
users who already have that account on their contact
list will be required to press "Update"
in order to view the new or revised details or
information entered).
Unless explicitly stated otherwise, the information
entered or posted, through the Software or through
the Web, including without limitation, on the
DTI DATA NZ info templates-whitepages and other directories,
during registration or thereafter, the DTI DATA NZ message
boards, as well as status indication and other
user's parameters that can be found using the
Software or the Web ("Public Information"),
may be available to the public. Public Information
shall not include information meant to be sent
through the DTI DATA NZ network to a specific DTI DATA NZ User's
Software, unless subsequently provided to DTI DATA NZ
Inc.
In most cases and when network conditions allow
for it, on some versions of the Software, online
communications (chat, message, file transfer,
URL etc.) via DTI DATA NZ are conducted directly between
the users. These communications are not relayed
through the DTI DATA NZ server unless you expressly elected
to do so. When direct communication between users
is not possible, the system default in some cases
is to send it via the DTI DATA NZ server, however, you
may choose to disable such route.
Authorization requests, WWPager and EmailExpress
messages are always relayed through the DTI DATA NZ server.
The 'invitation to join DTI DATA NZ', if you chose to
send to your friends is sent by you without relaying
it through the DTI DATA NZ servers.
All communications you elect to send offline or
to relay through the server (message, URL chat
request, etc.) are stored and forwarded by the
DTI DATA NZ servers to the recipient, and deleted once
delivered to the recipient.
Settings, technical and other information from
your computer, such as your operating system,
DTI DATA NZ and browser versions, connectivity, various
communication parameters and other information
related to the operation and interaction of the
DTI DATA NZ Software ("Parameters") may be collected
by DTI DATA NZ Inc., subject to the provisions herein.
Parameters are collected solely in order to provide
you with, or access to, the DTI DATA NZ Services and Information,
subject to the provisions herein.
DTI DATA NZ Inc.'s operational personnel may be occasionally
exposed to random usage traffic going through
the DTI DATA NZ servers.
In some versions of the Software, during online
communication session, each and every party to
the session receives the IP and the dynamic IP
address of each participant, unless the participant
chose not to provide that information in those
software versions which offer such option. Please
note that by activating the "My Homepage"
feature you allow third parties to view your IP
address. Also please note that the 'Don't Publish
IP Address' feature can only be gradually implemented
into the DTI DATA NZ system and therefore, does not provide
a complete assurance that your IP address is not
published to some of the DTI DATA NZ users. You should
therefore, assume that even if you use this feature
as to avoid publishing of your IP Address, some
DTI DATA NZ users might still be able to see it. Furthermore,
please note that in each and every Internet application
the IP Address of the sender is an integral part
of the TCP/IP standard protocol of the Internet,
and can be found by using certain software and/or
hardware.
Some versions of the software allow any party
to an DTI DATA NZ session to record the content of the
session (messages, URL, chat, chat request and
other events). The DTI DATA NZ program default in some
versions is set to record message and other event
dialog and traffic.
YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY
ON THE DTI DATA NZ SERVICES AND INFORMATION OR ANY OTHER
PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED
THERETO FOR "CONTENT SENSITIVE" OR "MISSION
CRITICAL" APPLICATIONS AND USE. "CONTENT
SENSITIVE" SHALL MEAN ANY INFORMATION OR
DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND
GENERALLY AVAILABLE TO INTERNET USERS. "MISSION
CRITICAL" APPLICATIONS AND USE SHALL MEAN
APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
DTI DATA NZ Inc. will permit authorized officers of the
court access to all its available and relevant
information only to comply with valid legal process
such as a search warrant, subpoena or court order
or to protect DTI DATA NZ Inc.'s rights and property or
in special emergencies when we believe physical
safety is at risk. Users' IP and dynamic IP addresses
may be traced by DTI DATA NZ Inc. and disclosed for these
purposes.
DTI DATA NZ Inc. has sole discretion in and may choose
to terminate, limit, reduce, change or deny at
any time, temporarily or permanently the access
granted to any DTI DATA NZ user or account to the DTI DATA NZ
Software and the DTI DATA NZ Services and Information
or any part thereof for any reason whatsoever
or no reason at all, without prior notice.
DTI DATA NZ Inc. gathers information and usage pattern
(including without limitation by using "cookies"¹
) related to your use of the Software, and the
DTI DATA NZ Services and Information ("Usage Patterns")
- to better understand how our users, as a group,
use the DTI DATA NZ Services and Information and the various
features thereof, as well as to help us fit offerings
to you as an individual and to conduct market
research.
Please note, that DTI DATA NZ Inc. does not want to receive
any confidential, secret or proprietary information
and material from you through the DTI DATA NZ Web site,
DTI DATA NZ Inc.'s mail and e-mail addresses, the DTI DATA NZ
Services and Information or in any other way.
Any information or material submitted or sent
to DTI DATA NZ Inc., excluding private communications
between a user and other users that are not subsequently
made available to DTI DATA NZ Inc., will be deemed not
to be confidential or secret. By submitting or
sending documents, information or other material
("Material") to DTI DATA NZ Inc. or by posting
information entered on the various DTI DATA NZ directories,
tools and messages on the DTI DATA NZ message boards you
(1) warrant that you have no rights of any kind
to the Material; that to the best of your knowledge
no other party has any rights to the Material;
(2) grant DTI DATA NZ Inc. an unrestricted, irrevocable
license to use, reproduce, display, perform, modify,
transmit and distribute the Material, and you
further agree that DTI DATA NZ Inc. is free to use any
ideas, know-how, concepts or techniques you send
us for any purpose.
Always make sure you are using an authorized copy
of the DTI DATA NZ Software, downloaded directly from
the DTI DATA NZ Web site or from other sites listed on
the download page on the DTI DATA NZ Web site. This will
enable you to use the latest functions allowing
you to enhance the privacy and security level
of your communication.
Various data may be used for commercial purposes,
including without limitation, for advertising,
targeted advertising, marketing, co-registration
to other services, promotional or any other activity
("Commercial Activities"), subject to
the provisions herein.
It is a good and important practice to scan any
file downloaded from any server with the latest
available anti-virus program and not to download
unless you are certain you are capable of protecting
your computer.
Caution! Receiving files from third parties, via
any application (e.g. DTI DATA NZ, email, etc.) may be
harmful. Before receiving any files from any user,
and even if the account from which the file transfer
notice is sent looks familiar to you, it is strongly
recommended that you verify that the person sending
you these files is indeed the person you think
he is, for example by asking him for some kind
of information known only to the two of you. Please
make sure not to receive files from users you
do not trust, from users you are not sure they
are whom they say they are or whenever you are
not sure you want to receive the files.
Caution! By activating the "My Homepage"
feature you may provide third parties with certain
limited remote access to certain files on your
computer. Activating this feature increases the
risk that third parties will be able to tamper
with your computer.
Commercial Use
DTI DATA NZ Inc. may use, for Commercial Activities:
(a) the Parameters, Public Information and Usage
Patterns or any part thereof, combined or separately
(the "Data");
(b) the Data or any part thereof, combined with
publicly available information, or information
provided by third parties;
provided that if any information other than Public
Information is being used by DTI DATA NZ Inc. or disclosed
to third parties for use by them in Commercial
Activities, it will be done without user names,
or if names are part of the disclosed information,
(i) you have consented to such disclosing of your
name or (ii) in the first time you are approached
by DTI DATA NZ Inc. or the third parties, you will be
given the opportunity to request not to be further
approached by them.
Notwithstanding anything herein, DTI DATA NZ Inc. may
offer you access to different services that are
provided by a third party ("Partner")
separately or together with DTI DATA NZ Inc. ("Co-Branded
Service"). Any information you choose to
provide on any Co-Branded Service's Page may be
used or disclosed by both DTI DATA NZ Inc. and the Partner
subject to their respective privacy policies.
A Co-Branded Service Page is a page, which bears
both DTI DATA NZ and Partner's names, branding, graphics
or anything else that may indicate that the page
or the Co-Branded Service are offered by DTI DATA NZ Inc.
and provided by the Partner, separately or together
with DTI DATA NZ Inc.. Please make sure to read both Partner's
and DTI DATA NZ's privacy policies before entering or
providing information to a Co-Branded Service
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