Elections Ontario Application Privacy Policy
The Privacy Policy for accessing information and using the services offered through the Elections Ontario application (the “Application”) are outlined below.
This Application is for personal use only. Please read the following carefully.
1. Use of Information
Elections Ontario is committed to respecting your privacy and protecting your personal information in accordance with our Privacy Policy. Personal information is collected under the authority of the Elections Act, the Election Finances Act, the Employment Standards Act, 2000 and/or other legislation. This information will be used for electoral purposes and may be used to conduct election research. Your personal information may be shared internally at Elections Ontario for the purposes outlined above and will be securely destroyed one year after its last use or later, where legislatively required. Questions about the collection can be directed to: priv@elections.on.ca.
2. Analytics
(1) This Application may use Google Analytics, an analytics service provided by Google LLC (“Google”). Google Analytics uses binary files placed on your device to help the Application analyze how you use the Application. This information, including anonymous location information, will be used by Elections Ontario for the purpose of evaluating your use of the Application, compiling reports on Application activity for Application publishers, and providing other services relating to Application activity. The information generated by Google Analytics regarding your use of the Application may be transmitted to and stored by Google on servers in the United States. For more information on Google Analytics’ privacy policy, visit http://google.com/analytics/.
(2) By using this Application, you expressly consent to the collection, processing and use of data about you by Google and Elections Ontario in the manner and for the purposes set out above. Elections Ontario will not seek to match IP addresses or device identification to identifiable individuals, unless Elections Ontario is required by law to do so or Elections Ontario is investigating detected or suspected security breaches or other illegal behaviour, and Elections Ontario needs to do so in order to carry out the investigation. In addition, your device ID is recorded and stored when you request to receive notifications. This information in no way identifies you personally.
3. Collection of Information
(1) When you use the Application, Elections Ontario collects your internet protocol (IP) address, the date and time of requests, HTTP data, and other technical and traffic information regarding your use of the Application while you remain anonymous to help prevent inappropriate use of the Application and for fraud prevention and security monitoring purposes. Elections Ontario will not seek to match such information to identifiable individuals, unless Elections Ontario is required by law to do so or Elections Ontario is investigating detected or suspected security breaches, fraud, or other illegal behaviour or unauthorized use, and Elections Ontario needs to do so in order to carry out the investigation.
(2) Your location will be used if you access a geolocation feature on the Application. However, before the Application can use this function, your device’s operating system may ask if you want to allow the Application to use “Location Services” (or a similar service) before the Application will be allowed to access this information.
(3) In addition to the above privacy terms pertaining to the use of the Application, linking, or attempting to link your user account, in whole or in part, with your unique identifier (elector record), will require personal information to be collected, stored and used for the purposes of verifying your identity. Personal information to be collected may include: first name, last name, date of birth, Ontario driver’s license number and/or other personal identification documents. The personal information may be collected by a third party on behalf of Elections Ontario but will never be sold to a third party. Copies of your driver’s license or other personal identification documents will not be retained once your identity is confirmed and will be destroyed.
4. Deletion of Personal Information
To delete your personal information in this Application, go to Settings and select Account Information and then Delete Account Data. Deleting your account data will only remove your information from this Application. Your user account will remain active and you will be able to sign back into this Application with your existing credentials.
To delete your user account and login credentials, please email your request to info@elections.on.ca.
Deleting your personal information from this Application or deleting your user account does not remove your information from the voters list.
5. Data and Network Access
(1) You remain responsible for obtaining the data network access necessary to use the Application. Your mobile network’s data and messaging rates and fees may apply if your access or use the Application from your device, and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application and any updates thereto.
(2) Elections Ontario does not guarantee that the Application or any portion thereof will function on all devices or mobile operating systems. The Application may be subject to malfunctions, delays, or errors due to, among other things, your mobile device or internet connection, and Elections Ontario is not responsible for any such malfunction, delay, or error or any loss, or any direct or consequential damages arising therefrom.
6. Disclaimer
The information, content and materials in the Application are provided “as is” and on an “as available” basis without representations, warranties, guarantees or conditions of any kind, either express or implied, unless otherwise specifically noted herein. To the fullest extent permissible pursuant to applicable law, Elections Ontario disclaims all representations, warranties, or conditions, express or implied, including but not limited to implied warranties of merchantability, merchantable quality and fitness for a particular purpose, arising out of operation of law, course of performance, course of dealing, usage of trade or otherwise, title, quiet enjoyment or non-infringement with respect to the Application, the information, content, materials and any website with which the Application is linked.
While we endeavour to update the Application, Elections Ontario makes no representations, warranties, guarantees or conditions regarding the availability, appropriateness, completeness, accuracy, or currency of the Application. We do not warrant the functions, information or links contained on the Application or that its content will meet your requirements, that the Application or its content are fit for any particular purpose, that the operations of the Application or its content will be uninterrupted or error-free, or that the Application or the server that makes it available are free of viruses, worms or other harmful components. The Application, the information, content and the materials in the Application may include technical inaccuracies or typographical errors. We may make changes or improvements to the Application, the information, content and materials at any time.
7. No Warranty
Elections Ontario, its officers, directors, employees, independent contractors, workers, service providers and suppliers provide our Application services “as is” and on an “as available” basis without any representations, warranties, guarantees or conditions of any kind, either express, implied or statutory. Elections Ontario’s officers, directors, employees, independent contractors, workers, service providers and suppliers expressly disclaim any implied warranties of title, merchantability, merchantable quality, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
8. Liability Limit
(1) In no event shall Elections Ontario’s officers, employees, independent contractors, workers, agents, service providers or suppliers be liable for any losses or damages whatsoever, including without limitation, direct, indirect, special, incidental, consequential, punitive, exemplary or other damages (without limitation to any loss of profit, costs, expenses, harm to business, business interruption, reputation, loss of information or programs or data, loss of savings, loss of revenue, loss of goodwill, loss of tangible or intangible property, legal fees or legal costs, or damages of any kind whatsoever), injury, claim, liability or other cause of any kind or character, whether based in contract, tort, negligence, fundamental breach, failure of essential purpose or otherwise or any other legal basis, arising out of or in connection with the Application, any related services, materials, information, content or this Agreement (including without limitation, any damages suffered as a result of the use, inability to use, failure of, or any omissions or inaccuracies in this Application, any information, content or materials), howsoever arising, including negligence.
(2) You specifically agree that Elections Ontario is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Application or any materials on the Application, or with any of this Agreement, your sole and exclusive remedy is to discontinue using the Application.
9. Indemnity
You agree at all times to defend, indemnify and hold harmless Elections Ontario, its officers, employees, independent contractors, workers, agents, , service providers and suppliers (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the Indemnified Parties due to or resulting from your actions, omissions and activities following your access, use or misuse of the Application, our services, any content, information or materials accessible through the Application or otherwise arising from your breach of this Agreement or the documents it incorporates by reference, or your violation of any applicable law or the rights of a third party.
10. No Agency
You and Elections Ontario are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
11. Access By Others
The license to use the Application granted to you through this Agreement is for your personal use only. In the event you grant any other person access to and use of the Application, you agree: 1) to be fully responsible for any breach of this Agreement by such person, and 2) that Elections Ontario may deem any use of the Application by such person to be your use.
12. General
If any term or condition set out in this Agreement is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in full force.
This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada and deemed to be entered into by you in the Province of Ontario. You agree that any action at law or in equity arising out of or relating to this Agreement, or your use of our Application and its content, materials, information or services will be filed only in a court located in Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of such courts.
The headings used in this Agreement are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of this Agreement.