Website Terms

1. Application

1.1 Digital Journey Limited and Canterbury Education Services Society Limited (Digital Journey, CESSL we, us or our) operate a website (www.boardelections.nz) that enables customers to access school election management services online.

1.2 These terms apply to any use of our website, whether as a guest or as a registered user. Use of our website includes accessing, browsing, or registering to use our website.

1.3 By using our website, you confirm that you accept these terms and agree to comply with them.

2. Your Account

2.1 If you are a registered user of our website you are responsible for keeping your account information secret and secure.

2.2 You must not disclose your login details or allow any other person to use your login information to access our website.

3. Feedback

3.1 We allow users of our services to provide feedback on our website about their interactions with other users.

3.2 Any feedback you provide must be accurate and must not contain offensive, defamatory or inappropriate language or content. We may remove any such content in our sole discretion.

4. Emails

4.1 You agree that we may send you emails relating to your registration on our website, transactions you undertake through our website and for promoting our services.

5. Third Party Websites and Hyperlinking

5.1 Our website may contain links to other websites. These links are provided for your information only and you acknowledge that we have no control over the content of those websites.

5.2 You may not link your website to our website without our prior written consent.

6. Intellectual Property

6.1 We own all intellectual property rights in our website (except content uploaded directly by users of our website). You must not use or distribute our intellectual property without our prior written consent.

6.2 You grant us a perpetual, irrevocable, royalty free licence to use any content you upload to our website including for promotion of our services and to make available to other users of our website.

7. Disclaimer

7.1 We do not warrant that:

• (a) Any information provided on our website is free from errors or reliable;
(b) Our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice; (c) Our website will be secure or free from bugs or viruses.

8. Liability

8.1 We will not be liable:

• (a) If our website is unavailable at any time;
• (b) For any corruption of data or information held by us;
• (c) To the fullest extent permitted by law for any loss (including, without limitation, consequential loss, loss of profits or loss of data), damage, cost or expense of any kind suffered or incurred in connection with your use of our website.

8.2 CESSL will have no liability for any action or omission of Digital Journey.

8.3 Digital Journey will have no liability for any action or omission of CESSL.

9. User's Suspension of Registration

9.1 You may suspend your account and remove your profile from being viewed by others on our website at any time provided you have no current orders. However, you acknowledge that we may retain your profile information for our records.

10. Termination of Registration

10.1 We reserve the right in our sole discretion to decline to register you as a user of our website or terminate your registration. Without limiting that right, we may terminate your registration if we receive any complaints about you, you breach our terms or you create an account using false information.

11. Electronic Signatures – Acknowledgement of Use

11.1 You acknowledge that you certain information that you provide or upload to the website may need to be signed by and you confirm that:

• (a) any signature that you submit is your true and usual signature;
• (b) you acknowledge that the use of your electronic signature indicates the approval of the information to which your electronic signature relates and/or is requested for; and
• (c) where any "signed" document needs to be provided to you, you consent to any counterparty to that document signing by way of electronic signature.

12. Miscellaneous

12.1 You acknowledge and agree that we may collect, use and disclose personal information about you in accordance with our privacy policy.

12.2 We may vary these terms from time to time. We will provide notice of the change by uploading the updated terms on our website and we may also email you a copy of the updated terms (if you have provided us with your email address). After providing that notice you will be deemed to have accepted those updated terms if you continue to use our website or the services provided by us.

12.3 If any provision in these terms is held to be invalid, illegal or unenforceable, this will not affect any other provision in these terms.

12.4 The law of New Zealand applies to these terms and the transactions contemplated by them. The New Zealand courts have jurisdiction in respect of these terms and the transactions contemplated by them.

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Privacy Policy

1. Outline of this Privacy Policy

1.1 Digital Journey Limited and Canterbury Education Services Society Limited (Digital Journey, CESSL, we and us) are committed to protecting the personal information of you as a user of our website (www.boardelections.nz) (you).

1.2 In this privacy policy we explain:

• (a) how and why we collect personal information;
• (b) how that information is stored;
• (c) how you can access and correct that information; and
• (d) when we might disclose personal information to other people.

1.3 This privacy policy does not limit or exclude any rights that you have or may have under the Privacy Act 1993 (or any replacement Act) (Privacy Act)

2. Application of this Privacy Policy

2.1 This privacy policy applies whenever we collect personal information from you.

2.2 By accessing and/or using content and/or services offered by us (Services), you consent to the collection, use, disclosure, storage and processing of personal information in accordance with this privacy policy and accompanying Terms of Use.

3. Collection of Personal Information

3.1 We may collect the following personal information:

• (a) Your name, phone number, physical address, postal address and email address.
• (b) Your username, password and profile picture.
• (c) Metadata obtained through your use of our website, including your IP address, computer and connection information, referring web page, standard web log information, language settings, and timezone.
• (d) Your payment information, such as your credit or debit card details.
• (e) Any communication with us either directly, via phone or email.
• (f) Information about the device you use to access our website, including device identifier, device type, device plugins, and hardware capabilities.
• (g) Information obtained by or submitted to us from you through your use (or prospective use) of our website and the Services, including information and documents submitted by you, your GPS position, pages viewed, buttons clicked, viewing time, keyword searches.

3.2 We may receive information about you through our website, applications, communication systems, or other communication.

3.3 We may also receive information about you from third parties, including in the following circumstances:

• (a) We may collect data from your accounts on other platforms that you give us permission to connect to. These platforms include, but are not limited to, Facebook, LinkedIn, and Google. You can stop us from collecting data from those other platforms by removing our access on the platform or by contacting us at support@digitaljourney.org.
• (b) Your payment provider may provide us with information about the payments you make; and
• (c) We may collect information from public sources.

3.4 If you choose not to provide information when we ask for it, then you may not be able to use the Services.

4. Use of Personal Information

4.1 We use personal information we collect about you:

• (a) To verify your identity.
• (b) In connection with the provision (or potential provision) of Services to you.
• (c) To communicate with you in relation to the Services.
• (d) To market our Services to you, including contacting you electronically (for example, by text, email or an online messaging platform).
• (e) To collect money that is owed by you.
• (f) To co-operate with any government, industry, legislative or regulatory authorities.
• (g) To protect and/or enforce our legal rights and interests, including defending any claim.
• (h) For any other purpose authorised by you and/or the Privacy Act.

4.2 We reserve our right to use data (on an anonymous basis) in relation to your use of the Services for marketing and accounting purposes

4.3 You may request that we stop sending marketing or promotional messages at any time, by contacting us at support@digitaljourney.org

5. Cookies

5.1 We use cookies (being an alphanumeric identifier that we transfer to your computer’s hard drive so that we can recognise your browser) in order to monitor your use of our website.

5.2 You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features of our website.

6. Links to other websites

6.1 Our website provides links to other websites. We may provide those links or they may be provided by other users. We have no control over the organisations operating those websites or the content on those websites. Before you disclose your personal information to another website, we recommend you check its terms and conditions, including any privacy policy.

7. Disclosure of Personal Information

7.1 Unless expressly authorised to do so by you or under this privacy policy, we will not disclose any of your personal information to any third party except where disclosure relates to the purposes for which the information was collected (as stated in clause 4 above) or where it may be required by law to do so.

7.2 Without limiting clause 7.1 and, for the avoidance of doubt, CESSL and Digital Journey may provide your personal information to each other in connection with the provision of Services.

8. Storage of Personal Information

8.1 Digital Journey and CESSL will, respectively, take reasonable steps to ensure that the personal information collected, used or disclosed by/to Digital Journey or CESSL (as the case may be) in accordance with this privacy policy is stored in a secure environment protected from unauthorised access, modification or disclosure.

8.2 When you use our website or the Services, your personal information may be transferred to our related companies outside New Zealand (if applicable). We may also engage service providers for the purposes outlined in this policy that are located outside New Zealand, such as service providers that host or maintain any underlying IT system or data centre that we use to provide our website and the Services. We take all reasonable steps to ensure that your personal information held outside New Zealand is secure and held in compliance with this privacy policy. For example, when we engage service providers located outside New Zealand we ensure that our contractual terms require the service providers to protect the information provided to them.

8.3 We will hold personal information collected in accordance with this privacy policy both before and after the provision of Services to you, but only for so long as we are legally entitled to do so, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. To determine the appropriate period of time to hold your personal information, we consider the amount, nature and sensitivity of your personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting and other requirements.

9. Accessing Personal Information

9.1 You have the right to access and correct personal information held by us by contacting us at support@digitaljourney.org.

9.2 In particular, you have the following rights in relation to your personal information:

(a) To request access to your personal information. (b) To request a correction to your personal information. (c) To request the deletion or removal of your personal information. (d) To object to the processing of your personal information. (e) To request a restriction on the processing of your personal information. (f) To request a transfer or your personal information to you or a third party. (g) To withdraw consent to the use of your personal information.

9.3 In many cases you may also update the information we hold about you, such as your contact details and password, by logging in and updating the information in your account.

10. Limitation of Liability

10.1 CESSL will have no liability for any action or omission of Digital Journey.

10.2 Digital Journey will have no liability for any action or omission of CESSL.

11. Amendments to this Policy

11.1 We reserve the right to make changes to this privacy policy by uploading an updated privacy policy on our website. You will be bound by the privacy policy that is in effect at the time you access and/or use the Services. Your continued use of the Services represents your agreement to be bound by the privacy policy as amended. If you do not agree with our amended privacy policy, you must stop using our Services.

12. Severability

12.1 If any part of this privacy policy is not enforceable for any reason, whether under the Privacy Act or any other applicable law, that part will be deleted and the rest of this privacy policy will continue to apply.