Acceptable Use Policy

This Acceptable Use Policy ("AUP") sets out the rules governing the use of services, networks, systems, infrastructure, and platforms provided or managed by Optimyze Ltd ("Optimyze", "we", "us").

This AUP applies to all Clients, authorised users, employees, contractors, and any other person who accesses systems that Optimyze manages, monitors, or supports ("Users"). It forms part of your agreement with Optimyze, alongside our Terms of Service and Privacy Policy.

This AUP is intended to comply with and reinforce New Zealand law, including the Harmful Digital Communications Act 2015, the Unsolicited Electronic Messages Act 2007, the Crimes Act 1961 (Part 9A — computer crimes), the Privacy Act 2020, and the Copyright Act 1994.

Users may use Optimyze's services and managed infrastructure solely for:

• Legitimate business purposes consistent with the services agreed in your Service Order or MSA.
• Activities that comply with all applicable New Zealand and international laws and regulations.
• Access to systems and data for which you hold appropriate authorisation.

Users must not use Optimyze's services, infrastructure or managed systems to engage in any of the following activities. Violations may constitute offences under New Zealand law and will result in immediate suspension or termination of services.

3.1 Illegal and Harmful Activity

• Conducting, facilitating or assisting any activity that is unlawful under New Zealand or applicable international law.
• Transmitting, storing, or distributing material that is objectionable, offensive, threatening, defamatory, or that constitutes a harmful digital communication as defined under the Harmful Digital Communications Act 2015.
• Stalking, harassment, intimidation or threatening communications directed at any individual.
• Accessing, viewing, distributing or storing child sexual abuse material (a criminal offence under the Films, Videos, and Publications Classification Act 1993).

3.2 Unauthorised Access and Computer Crimes

• Accessing, intercepting, modifying or destroying data or systems without authorisation, in breach of sections 249–252 of the Crimes Act 1961.
• Attempting to gain unauthorised access to any computer system, network, account, or database (hacking).
• Deploying malware, ransomware, trojans, viruses, keyloggers, spyware, or any other malicious code.
• Using scanning, enumeration, or exploitation tools against systems you do not own or have explicit written permission to test.
• Bypassing, disabling or circumventing security controls, firewalls, access controls, or monitoring tools.

3.3 Network Abuse and Infrastructure Misuse

• Launching or facilitating Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks against any system.
• Port scanning or network scanning of external networks without authorisation.
• Using managed systems or infrastructure to mine cryptocurrency.
• Deliberately consuming excessive bandwidth or computing resources in a way that degrades service for others.
• Operating open mail relays, open proxies, or other infrastructure that enables abuse by third parties.
• Intercepting or monitoring network traffic without lawful authority.

3.4 Spam and Unsolicited Communications

• Sending unsolicited commercial electronic messages (spam) in breach of the Unsolicited Electronic Messages Act 2007.
• Using Optimyze's mail infrastructure for bulk emailing without appropriate consent and unsubscribe mechanisms.
• Spoofing email headers, forging sender identities, or engaging in phishing or spear-phishing campaigns.

3.5 Intellectual Property and Data

• Infringing copyright, trademarks, or other intellectual property rights of third parties, in breach of the Copyright Act 1994.
• Reproducing, distributing, or transmitting copyrighted software, media, or content without authorisation.
• Collecting, storing, or processing personal information in a way that violates the Privacy Act 2020.
• Exfiltrating, misappropriating or disclosing confidential business data or trade secrets.

3.6 Deception and Fraud

• Misrepresenting your identity, organisation, or affiliation.
• Creating or using fraudulent accounts, documents, or credentials.
• Using Optimyze's infrastructure to facilitate fraud, scams, or dishonest conduct under the Crimes Act 1961.

All Users of systems managed by Optimyze are expected to:

• Keep login credentials confidential and not share passwords with others.
• Enable and maintain multi-factor authentication (MFA) where required or recommended by Optimyze.
• Lock workstations when unattended and log out of shared systems after use.
• Report suspected security incidents, unusual system behaviour, phishing emails, or data breaches to Optimyze immediately at support@optimyze.co.nz or +64 9 281 4142.
• Not install unauthorised software, browser extensions, or applications on managed devices without Optimyze's approval.
• Not connect personal or unmanaged devices to corporate networks without express authorisation.
• Follow security awareness guidance, policies, and training provided by Optimyze or your organisation.

Optimyze uses monitoring, logging and security tools (including EDR, SIEM, RMM and network monitoring platforms) to ensure the availability, performance and security of managed systems. By using our services, you acknowledge and consent to this monitoring.

Monitoring is conducted for lawful purposes including: service delivery and troubleshooting, security incident detection and response, compliance and audit requirements, and enforcement of this AUP. Monitoring is not carried out for the purpose of targeting individuals' private communications beyond what is strictly necessary for these purposes.

Records of activity may be retained and made available to law enforcement agencies where required by New Zealand law.

Where we provide access to or integrate third-party platforms (e.g. Microsoft 365, cloud services, communications platforms), use of those platforms is also governed by the relevant vendor's terms and acceptable use policies. You are responsible for ensuring your use of third-party platforms complies with those terms.

If you become aware of or suspect any misuse of Optimyze's systems or a breach of this AUP, please report it promptly to:

Email: security@optimyze.co.nz
Phone: +64 9 281 4142

To report harmful digital communications or online harm, you may also contact the NetSafe helpline or the Harmful Digital Communications Complaints service.

A breach of this AUP may result in one or more of the following actions, at Optimyze's sole discretion:

• Written warning to the Client or User.
• Temporary suspension of access to services or specific features.
• Immediate termination of services without refund of prepaid fees.
• Referral to law enforcement agencies where criminal conduct is suspected.
• Civil action for damages or injunctive relief.

Clients are responsible for ensuring their authorised users comply with this AUP. A breach by a User is treated as a breach by the Client.

Optimyze may update this AUP at any time to reflect changes in law, technology, or our services. We will provide reasonable notice of material changes. Continued use of our services after changes are posted constitutes acceptance of the updated policy.

For questions about this Acceptable Use Policy:
Optimyze Ltd
Email: hello@optimyze.co.nz
Phone: +64 9 281 4142