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Elections Ontario Application Terms and Conditions

The Terms and Conditions 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.

User Agreement

1.     Acceptance

Welcome to the user agreement (the “Agreement”) for the Application and the services that may be accessed using the Application.  This Agreement describes the terms and conditions applicable to your use of the Application.  You must read, agree with, and accept all the terms and conditions contained in this Agreement before you can access and use the Application.  By using this Application, you agree to this Agreement.  If you do not agree to be bound by this Agreement, do not use or access our services.

2.    Parties

(1)  The words “Elections Ontario”, “we”, “us” or “our”, mean Her Majesty the Queen in right of Ontario, as represented by the Chief Electoral Officer of Ontario.

(2) This Agreement is between you, the user, and Elections Ontario.

3.    Changes to this Agreement

Elections Ontario may amend this Agreement at any time and will post the amended terms on the Application and on the Elections Ontario website.  Elections Ontario reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations or updates.  You are encouraged to check the Terms & Conditions section of the Application or the Elections Ontario website periodically for any updates.  By continuing to use the Application following any change to this Agreement, you will be deemed to have accepted such modifications, alterations or updates.  If you do not agree to be bound by the changes, do not use or access the Application or our services.

4.    Electronic Communications

(1) When you visit the Application, create an account or contact Elections Ontario, you are communicating with us electronically and you consent to receiving communications from us electronically.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

(2) In the event that an urgent communication is required, such as unexpected changes to a polling location on the day of an event, you acknowledge and agree that Elections Ontario can send you email communications or notifications, even if you did not opt in to said communications, solely for the purpose of keeping you updated.

5.    Your Login Account

This Application is for personal use only.  Elections Ontario is entitled to act on instructions received under your account.  You are responsible for keeping your password and account information private and confidential.  If you have any questions or concerns regarding the privacy of your account, please email us at priv@elections.on.ca.

6.    Notifications

You will receive email, SMS and/or push notifications if you are subscribed to these features.  All users will receive notices through the Application’s inbox.  We strongly recommend that you check the Application’s inbox messages for updated information before heading to a polling station to vote.

7.    Contacting Us

If you have any questions or comments related to the Application, please contact us at info@elections.on.ca.

If you have any questions or comments regarding privacy or security, please email us at priv@elections.on.ca.

General Terms and Conditions of Use

1.     Proprietary Rights

(1)  All materials, content, and information on or contained in this Application, including, without limitation, text, data, information, images, illustrations, audio clips, video clips, software and communications are protected by intellectual property rights owned and controlled either by Elections Ontario, or by third parties who have licensed their material to Elections Ontario. Material, content, software and information from the Application may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except for personal use, without the prior written consent of Elections Ontario or except as specifically permitted on the Application.  Modification of material, content or information or use of material, content or information for any purpose other than your own personal, non-commercial, use is a violation of copyrights and other intellectual property rights.  The use of any such material, content or information on any other website, application or networked computer is prohibited.

(2) The trademarks, logos and service marks that you see on this Application are registered and unregistered marks of Elections Ontario, or third parties who have licensed the use of such marks to Elections Ontario.  Nothing on the Application grants any licence or right to use any marks displayed on the Application without the written permission of the owner of the mark.  Your misuse of the marks displayed on the Application or any other content on the Application is strictly prohibited.

(3) Elections Ontario makes no representation that materials, content or information on the Application are appropriate or available for use in locations other than Canada.  Those who choose to access the Application from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply.

(4) Elections Ontario welcomes comments on our services, including the Application. However, any notes, messages, billboard postings, ideas, suggestions, or other material that you submit to Elections Ontario will become property of Elections Ontario and may be used by Elections Ontario without any compensation to you.

2.      Information Provided “As Is”

Although Elections Ontario takes considerable care in preparing and maintaining the information, content and materials contained in this Application, they may contain inadvertent inaccuracies, technical errors or typographical errors.  Subject to section 16 of this Agreement, the information, content and materials in this Application are provided to you for your convenience and on an “as is” and “as available” basis only.

3.    Termination

This Agreement constitutes an agreement that is effective until terminated by Elections Ontario at any time without notice.  Elections Ontario may terminate your right to use the Application immediately, without notice to you if, in the sole discretion of Elections Ontario, you fail to comply with any of these terms and conditions of use or engage in any fraudulent or illegal activity.  In the event of termination, you are no longer authorized to access the benefits of the Application; and the restrictions imposed on you with respect to material copied or downloaded and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive the termination of this Agreement.  This Agreement constitutes the entire agreement between you and Elections Ontario related to the Application, unless you have agreed to further terms and conditions to access a particular service that may be accessed using the Application.

4.    Governing Law

This Agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada without giving effect to any principles of conflicts of law.  You agree to bring any claims against Elections Ontario exclusively in the courts of Ontario, Canada.  If any provision of this Agreement proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

5.    Compliance with Laws

(1)  You agree that your use of the Application shall not violate any applicable provincial, national or international laws, including but not limited to any regulations having the force of law.  Some jurisdictions may have restrictions on the use of the internet by their residents.

(2) You agree not to impersonate another person in your use of the Application.

6.    Storage of Electors’ Personal Information

The personal information of electors contained in the voters list, Register of Absentee Voters and the Ontario Register of Future Voters is stored on servers located in Canada and is protected by network firewalls.

7.    Service Providers and Third Parties

We strive to ensure that all personal information is stored in Canada.  On occasion, to provide and process the digital services you request or subscribe to, Elections Ontario may share limited personal information that you provide to us (such as email addresses and phone numbers) with service providers that perform specified services or functions on our behalf.  Such service providers are bound by service agreements with Elections Ontario that require them to use technological, organizational and physical measures to protect any personal information that they receive from us.  We have placed limitations on all service providers on the use, disclosure, storage and retention of your personal information and require its destruction by such service providers.

We endeavour to use service providers located in Canada whenever possible.  On occasion, and on a limited basis, we may use service providers that store, process and transfer some personal information on servers located outside of Canada in jurisdictions whose data protection laws may differ from those of Canada.  Subject to the applicable laws in such other jurisdictions, we use best efforts to ensure that appropriate privacy protections are in place that require our service providers to maintain protections on personal information that are equivalent to those that apply in Canada.

8.    Surveys

(1)  To help us improve the Application and serve you better, we may from time to time send surveys to you to learn more about your experience with our Application. You are under no obligation to respond to these surveys, and you may unsubscribe from receiving them by following the unsubscribe instructions in any survey you receive.

(2) Elections Ontario may contract a reputable third party to facilitate the distribution of a survey.

9.    Disclosing Information

Elections Ontario may be required by law to disclose information you have provided in obtaining our services.  Elections Ontario may also disclose information against someone who poses a threat to Elections Ontario’s interests, or whose activities could bring harm to others.  In addition, it may be necessary for Elections Ontario to provide customer information to third parties, for the purpose of resolving disputes that arise in the normal course of business.

10.  Other Websites

(1)  Some links in the Application may redirect you to external sites.  The linked sites are not under the control of Elections Ontario and Elections Ontario is not responsible for the content of any linked site or any link contained in a linked site. Elections Ontario is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Elections Ontario of the linked site.

(2)   The linked sites do not operate under Elections Ontario’s personal information privacy practices.  When you click through to these websites, Elections Ontario’s personal information privacy practices no longer apply.  We recommend that you examine the privacy statements for all third-party websites to understand their procedures for collecting, using and disclosing your information.

Privacy and Personal Information

11.    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.

12.  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.

13.  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.

14.   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.

15.  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.

16.   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.

17.   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.

18.   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.

19.   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.

20.  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.

21.   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.

22.  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.