General Terms And Conditions

Privacy Policy and Terms of Use (the terms)


General

Privacy Policy and Terms of Use (referred to together as ‘the terms’) apply whenever you access any of our websites, or information services as either a visitor or as a user.

If you access one of our websites or use any of our information services, we’ll assume that you have read the terms and agreed to them.

The terms include information about how Information Logistics Company Limited ('Infolog', also referred to as ‘us’ and ‘we’) use and protect any information you give us when you visit or use any of our websites (www.infolog.co.nz, www.infolog.nz, www.infolog.net.nz).

Privacy is important to us. If you have any questions about using our website services or our privacy policy, please contact us directly.

We are not responsible for external sites that are linked to or from our website so please review their individual policies.

Collection of Information

When you visit our website your IP address and the date and time of your visit to the site is logged and recorded by our servers.

How Infolog Collects Information

To provide services to you, Infolog requires certain information about yourself and your company (if applicable) which will often include personal information. We only hold and use personal information for the purposes for which it was provided (see Use of Information below).

By using our services, you consent to our collecting and using the personal information provided in this manner.

You may decline to provide any information that we ask for but obviously it may mean that we are not able to provide you with the service or information you would like.

Use of Personal Information

We use (and you agree we can use) personal information to allow us to do any of the following:

  • • process any application or Login request you make
  • • personalise your visits to our website and use of our services
  • • provide access to specific services
  • • process your queries
  • • enable us to improve the services we provide and offer other services to you
  • • manage your relationship with us
  • • keep you informed about changed and improvements
  • • meet any legal obligations we have
  • • provide audit and usage reports and statistical analysis for the client organisation

We may from time to time send you emails or messages inviting you to provide feedback about our services or advise of services and offers that we think could be of interest to you.

Disclosure of Your Information

We will not disclose your personal information to any third party except in the circumstances set out here or in any other agreement that you have with us.

You agree that we can give your information to:

  • • Any person we need to in order to carry out your instructions
  • • Our agents and people who provide us with services
  • • Debt collection agencies and law firms or other authorities as necessary in the event you breach our terms and conditions or terms of use
  • • Any authority or agency where we are required by law to provide it and we believe the person asking is properly authorised.

We will only use your contact details for the purpose for which they were provided.

When your personal information is no longer required for the purposes for which it was collected it will be deleted.

We will do our best to keep personal information we hold accurate and up-to-date. If you believe that the personal information we hold about you is inaccurate and requires correction, or if you would like to see the personal information we hold, please contact Infolog's Privacy Officer at privacy@infolog.co.nz.

Cookies

Cookies are a small data file that your browser may save on your computer or device when you are visiting a website. It usually includes an anonymous, unique identifier. Infolog's website uses cookies, including for user authentication and keeping track of your usage of our services. Cookies help us to provide you with a customised experience without having to remind us of your preferences each time you return to our website. Cookies cannot damage files, nor can they read information from the hard drive of a computer.

Third party sites, accessed through our website, may also create and access cookies, which will be subject to their respective privacy policies.

If you do not wish cookies to be placed on your computer or device, then they may be disabled in your web browser. Doing this may restrict your ability to access some web pages.

Access

Client organisations and users are responsible for the use of your usernames and/or passwords and all activities associated with the use of your usernames and/or passwords, including use by your API’s, employees, contractors and agents.

You will ensure that all usernames and passwords issued for the purpose of accessing and using the Infolog services are kept secure and confidential. To the extent that Infolog has authorised you to set up and grant usernames and passwords to the Infolog system and services you must:

  • • Only grant usernames and passwords to parties or services under your control, being an API or individuals who are your employees, contractors or agents
  • • Monitor and audit your use of the Infolog System (including use by your employees, contractors and agents); and

Immediately disable an Access Recipients username and password if:

  • • any misuse of the Infolog System through the use of the username and password is suspected or identified; or
  • • the individual to whom you issued the username and password is no longer authorised to access the Infolog System by you or no longer requires access for their role or function; or ceases to be your employee, contactor or agent.
  • • immediately notify Infolog of any unauthorised use of any username and/or password or any other breach of security that may relate to the services Infolog provides you.
Security

Infolog takes all reasonable precautions to guard against unauthorised access to confidential and personal information, including the loss, disclosure, destruction, misuse and alteration of the information held by Infolog on its servers.

We maintain reasonable safeguards to protect our websites from unauthorised access and from unauthorised use. This includes physical, electronic and managerial procedures and processes to safeguard and secure personal information that we collect online.

If you have any concerns or questions about privacy or security, please email our Customer Services team at enquiries@infolog.co.nz

General

We will try and ensure our website is always available but there may be times that it isn’t (for example when there is a technical issue or maintenance is required). We are not responsible for any loss that anyone might suffer if our website cannot be accessed and we are also not responsible if someone accesses your personal information when they should not (this can sometime occur despite our best efforts to prevent it).

You agree to use the Infolog System and Reports only in accordance with the laws of New Zealand, any other laws applicable to you and in accordance with the Terms and Conditions of the agreements via which you have been granted access.

Infolog is not responsible for any adverse consequences arising out your access to or use of Infolog systems and services.

That any information or report generated through the use of the Infolog System has not been prepared taking into account your particular objectives, situation or needs and that it is your sole responsibility to determine whether the information or report meet your needs

That the information in any Report has been collated from various sources, may not be complete and may contain inaccuracies.

Third Party information services

Some services available via Infolog have their own specific terms and conditions that will apply when you use or subscribe to those services.

This is set out in the application process and the particular terms and conditions that apply to that service, or may be highlighted by a requirement to acknowledge awareness of the provisions each time you use of these particular services.

As well as any information that you provide as part of any application or request to use these services, you agree that we can share and collect information from those appropriate third parties in order to establish and administer your account and obtain that information for you.

You agree that you will comply with any Third Party Terms and Conditions in relation to your use of a Third Party Database through the Infolog System and the use of the information obtained through the Third Party Database as set out to the extent that the Third Party Terms and Conditions contain restrictions relating to the use of the information in the Third Party Database which conflict with these General Terms and Conditions the Third Party Terms and Conditions shall take precedence over these General Terms and Conditions.

Example – Credit Reporting and Identity services.

Privacy and Legislation to Consider in use of Infolog services

Information is necessary to deliver functions and services to New Zealanders and businesses. The information may be used for multiple purposes such as to confirm details to provide a service offering, regulatory compliance, prevent criminal offending, audit or investigation, licencing, claims processing, grant applications, funding requests, credit decisions, and many more legitimate purposes not listed here.

The collection, use, storage, sharing, retention, disclosure and correction of personal information is governed by New Zealand law. You as a client organisation, or user, are responsible for this.

Infolog is not just as an aggregator of digital information services; we also provide a privacy and governance framework which has multiple settings to assist client organisations in staying compliant with these requirements.

Client dashboard provides ‘Visibility and Control’ at all levels, supported with real time usage and audit reporting at multiple levels, and settings for data stewardship, retention, persistence and privacy. A safe environment with pro-active oversight of compliance and privacy risks.

Information gathering in New Zealand is governed by a legislative framework that includes:

  • - The New Zealand Privacy Act 2020
  • - The Personal Property Securities Act 1999
  • - Public Records Act 2005
  • - The Search and Surveillance Act 2012
  • - Official Information Act 1982
  • - Identity Information Confirmation Act 2012
  • - The Search and Surveillance Act 2012
  • - New Zealand Bill of Rights Act 1990
  • - And any specific legislation pertaining to each agency who may control that information. Examples; Credit Reporting Agencies (Credit Reporting Privacy Code), New Zealand Transport Authority, Department of Internal Affairs, and others.

In general, New Zealand legislation and courts will have exclusive jurisdiction. However, if the information service provided via Infolog is controlled by a jurisdiction outside New Zealand then any relevant legislation shall apply.

  • - Example: Infolog is an approved ‘Service Provider’ for Australian Document Verification Services (DVS) as provided by the Australian Department of Home Affairs. The Client shall agree to and comply with the current DVS Terms and Conditions of Use as advised in the sub-agreement to access this service and as published by the Australian government department responsible for managing the DVS service at https://www.dvs.gov.au
Privacy and External Jurisdictions

Client organisations and users need to be aware that their customers may be citizens of offshore jurisdictions where that jurisdictions Privacy Policy has a global reach covering their citizens worldwide.

Awareness of your client’s citizenship and subsequent application of any external Privacy Act or legislation pertaining to your client is your (client organisation and user) responsibility.

Examples - General Data Protection Regulation (European Union and the European Economic Area), Singapore, Australia, and various US states.

Indemnity

You will take all necessary action to defend and indemnify Infolog its employees, agents, officers and representatives against all claims, costs, damages, expenses (including reasonable barristers' and/or solicitors' fees and expenses and all disbursements), losses, liabilities or proceedings brought by a third party arising directly or indirectly in connection with your access to or use of the Infolog services.

Changes

Changes in these terms will be posted on our website. We encourage you to check this page from time to time to ensure that you are aware of, and comfortable with, any changes.

Optional External Resources

Te Kawa Mataaho Public Service Commission – Public service guide for Information Gathering and Public Trust. https://www.publicservice.govt.nz/resources/information-gathering-and-public-trust/

The US government’s National Institute of Standards and Technology (NIST) has a very useful new Privacy Framework 1.0 for protecting peoples’ personal privacy. https://www.nist.gov/privacy-framework

  • • This NIST framework may be used when developing new products and services to ensure that they tick all your privacy boxes.
  • • It’s a good tool when conducting the privacy impact assessments that regulations like our new NZ Privacy Act or GDPR demand. It isn’t a compliance toolkit for meeting the requirements of specific regulations. Instead, it’s a voluntary toolkit that you can use to think about your approach to privacy. You can use parts of or all of it NIST isn’t prescriptive.