Policies, Terms & Conditions

Stolenz’ Privacy Policy

This is a legal document which sets out how Stolenz Ltd (www.stolenz.co.nz, www.stolenz.com, Stolenz, we or us) handles data which identifies you. You should read it in conjunction with the Stolenz Terms and Conditions, of which this Privacy Policy forms part.

At Stolenz, we believe strongly in protecting the privacy of our users' personal information. This statement describes the privacy practices we apply for the Stolenz Service. As part of that, it also expresses our approach to complying with the data protection laws which apply in New Zealand. If we change this Privacy Policy, we will notify you of the changed document in the same way as we notify changes to the Stolenz Terms and Conditions.

By viewing and using the website you will be deemed to agree to this privacy statement. If you do not agree to this privacy statement you should stop accessing and using the website and you should not disclose information to us.

If you have questions or concerns regarding this statement, you should contact Stolenz.

1. The information we gather and track.

Information gathered on registration. When you register for the Stolenz Service, you provide your name, company details (if applicable), Email address, Address, Phone Number and Password ("Registration Information"). They are available to you, and capable of being changed, through the Your Details page.

Cookies. We use small files known as "cookies" to enhance users' experience of the Stolenz Service as follows: To hold Members' login information, to facilitate optimal use of the Stolenz Service by Members, by means of a temporary "session" cookie. These cookies disappear when the Member's browser session ends, or if the Member clicks the "logoff" text which appears on the Stolenz Service.

2. Sharing and use of information

The over-riding principles we apply are these:

• We, and (where relevant) our credit card processing agents, will not supply your personal data to a third party for commercial exploitation - thus, you can rest assured that we will not sell the lists of our Members' email addresses to a third party; and
• The only circumstances in which we will provide any of your personal data to a third party for non-commercial purposes are those contained in this Privacy Policy.
• Email addresses. We do not directly make your email address available to anyone on any screen of the Stolenz Service. The only legitimate way of making contact with other users of the Stolenz Service is for a Member to enter a message which we will send on the Member's behalf. The email sent will include the sending Full Member's email address so that the recipient can respond to the sender directly. This means by sending a contact message, the sending Member is disclosing his/her email address. Members may change their email address at any time through Your Details. If your email system automatically responds to a contact email, your email address will be revealed.
• Advertising. The Stolenz Service may include interactive advertising for other businesses. We may use, and provide to third parties, anonymous demographic data provided by Members to target this advertising more appropriately.
• Newsletters. We have regular and occasional emails.
• Credit Card information. There has been a lot of publicity about Credit Card security on the Internet so we decided to use PayPro, who operate a secure server, to process our credit card payments. They encrypt Members' credit or debit card information and authorise payment directly. This means that Members' credit card details are never revealed to us. PayPro may transfer to, process and hold your credit card information in countries either within or outside New Zealand in connection with performing their duties.
• Companies in the Stolenz Group. We may share data supplied by you (or collected about you) with our subsidiaries and other companies in our group, but only for the purposes described in this policy.
• Changes in Stolenz Group's business. If all of the assets which Stolenz Group uses to operate its business (or substantially all of them) are acquired by a third party, we may transfer personal data we then hold to that party.
• Place of processing. The personal information held by us is held on and processed by computers situated in New Zealand.

3. Security

We have security measures in place to protect our customer database and access to this database is restricted internally. However, it remains each Member's responsibility:

• to protect against unauthorised access to Your Details;
• to ensure against use by anyone else of the Stolenz Service through the machine that Member uses while they are "logged on" to the Stolenz Service;
• to log off or exit from the Stolenz Service when not using it; and to keep his/her password secret.

4. Opt-out policy

You may have your registration details removed at any time. To remove yourself please advise us at info@stolenz.co.nz  or P O Box 2694 Shortland St, Auckland, New Zealand and we will remove all Your Details.

5. Disclosure for legal reasons

We reserve the right to communicate such of a Member's personal information as we hold to third parties which seek the disclosure of it, and which make a legally-compliant request for its disclosure.

6. Contacting Stolenz

If you have any questions about this privacy statement, the practices of this site, or your dealings with Stolenz, you can contact us at info@stolenz.co.nz . You can also use this address if you wish to request from Stolenz a copy of the personal data we hold about you or a description of that data. Please note that we may charge you a small sum for providing this information.

7. Links to third party sites

Our site contains links to other sites. Stolenz is not responsible for the privacy practices, or the content, of those web sites.

Stolenz’ Terms and Conditions.

1. Introduction. This Agreement is a legal document which sets out your rights and obligations, and those of Stolenz Ltd (“www.stolenz.co.nz”, ”www.stolenz.com”, "Stolenz", "we" or "us"), in relation to this site and the services offered by Stolenz through it (the " Stolenz Service"). By registering for the Stolenz Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the Stolenz Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Stolenz Service. You should be aware that this Agreement may change from time to time in accordance with Clause 24 below.

2. Members and Visitors. People who register for the Stolenz Service become "Members". They must be at least 18 years of age.

People who do not register as members are “Visitors” to the site.

Visitors may browse the Stolenz Service and:

• Search the Stolenz database for listed stolen/lost items;
• Raise notifications to stolen/lost items they have information on;
• Be eligible for any reward offered;
• Receive emailed messages, which will be sent to the email address contained in Give Information (which may be provided during Give Information), as seen fit by Stolenz.

In addition to the facilities available to Visitors, Members may:

• Advertise stolen/lost items to the Stolenz database;
• enter any relevant details of their stolen/lost items.
• upload photographs; and
• Receive email notifications of sightings of their stolen/lost items;

We are not an internet service provider, however. In order to use the Stolenz Service, you must have internet access and all the software (and skills) required for email and web usage.

3. Advertising. If you decide to become a Member, and therefore pay our Advertising fee, you are agreeing to take the Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Advertisement will last for Six months. Prior to the expiration of the six month period, we will automatically contact you at the e-mail address provided upon registration to ask for renewal of the advertisement. If renewed the renewal will be for Six months at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Advertisements, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Membership. If you wish to cancel your advertisement for whatever reason after paying the advertising fee, please contact us and we will remove the advertisement from the Stolenz Service.

4. Registration. You undertake to register for the Stolenz Service using accurate and current information about yourself - including your correct name, address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the Stolenz Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you.

5. Privacy policy. Stolenz, Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the Stolenz Service (including any which contain personal information) is, of course, accessible to internet users around the world.

6. Stolenz Role. You, whether you are a Member or a Visitor who visits the Stolenz Service, acknowledge that we are not and cannot be responsible for the behavior of Members - whether on the Stolenz Service or outside of it. We only provide a venue where the Stolenz Service may be accessed. In particular, you should be aware that Stolenz does not pre-screen or monitor the material contributed by Members.

7. Additional services. Stolenz or its affiliates may offer new or additional services through the Stolenz Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Stolenz Service in an appropriate manner (as determined by Stolenz in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

8. Operation of Stolenz Services. Stolenz reserves the right to withdraw or modify one or more aspects of the Stolenz Service where we have legal or technical reasons to do so (including technical difficulties experienced by Stolenz or on the Internet). There may also be times when the Stolenz Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the Stolenz Service.

9. Misuse of Stolenz Service. We reserve the right (a) to suspend or terminate any Member's access to the Stolenz Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the Stolenz Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Stolenz Service without our prior consent. You are responsible for everything which is done on or through the Stolenz Service while your Membership account is logged on to the Stolenz Service, or through your email address(es).

10. Relevance. The Stolenz Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

• include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the Stolenz Service - Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made;
• place material on, or otherwise use, the Stolenz Service for any business or commercial purpose unless specifically authorised by Stolenz; or
• use your access to the Stolenz Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

11. Fees

(a) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Stolenz Service.

(b) Fees paid by a Member will not be rebated or refunded by Stolenz, unless the Stolenz Service for which the Member has subscribed is completely withdrawn from that Member by us other than in circumstances permitted under this Agreement.

We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

12 Prohibitions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Stolenz Service, nor any activity or communication you make in connection with any Stolenz Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.

13 Alerting Stolenz. If you see anything on the Stolenz Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us here. We do not generally monitor material contributed by Members before it is placed on the Stolenz Service, and so we are reliant upon users to point out any which infringes this Agreement.

14 Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the Stolenz Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Stolenz Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Stolenz Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Stolenz Service.

15 Rewards. As part of the Stolenz advertising service, advertisers are able to nominate a reward to assist in the recovery of Stolen or Lost items. Stolenz do not offer the reward and take no responsibility for the payment of any reward under any circumstances.

16 Disclaimer and Release. Stolenz has no control over or responsibility for the truth or accuracy of any material available on the Stolenz Service, whether provided by Members or others.

• If any third party sites are linked to from the Stolenz Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
• You should exercise no lesser degree of caution in appraising what you see on the Stolenz Service than you do offline.
• Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
• Your use of the Stolenz Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Stolenz its directors, contractors and employees from all liability arising out of or in connection with the Stolenz Service and the material included here by Members and other third parties.

17 Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Stolenz Service (including the material which is contributed by Members) are owned by Stolenz. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Stolenz Service, or any of the material which is found on the Stolenz Service unless properly licensed to do so by us.

By submitting any material to the content to the Stolenz Service, you:

• are representing that you are fully entitled to do so;
• grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
• authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

18 Excluded loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Stolenz will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

19 Maximum liability. Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Stolenz under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) $5, or (b) an amount equal to the sums paid by you to us by way of Advertising fees during the relevant period of twelve months, regardless of the cause or form of action.

20 Non-excluded Liabilities. Nothing in this Agreement limits Stolenz's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

21 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Stolenz Service.

22 Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Stolenz assign or dispose of this Agreement.

23 Entire Agreement. This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Stolenz Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Act   to rely upon or enforce any term of this Agreement.

24 Changes to this Agreement. Stolenz reserves the right to change this Agreement from time to time, and post the new version on the Stolenz Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.stolenz.co.nz) and the new version of these terms and conditions will take effect, and will govern all Stolenz Services and your relationship with Stolenz immediately upon the date of posting (or such later date as Stolenz indicates in the relevant posting).

25. Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

26. Law. This Agreement shall be governed by and construed in accordance with the laws of New Zealand.

27. Contact. You can contact us by email at info@stolenz.co.nz  Please make sure you include your email and postal address with all correspondence.