Celect app

Effective from 24 June 2019.

1. Introduction

1.1 Celect Service: Christchurch City Council (referred to in these Terms of Use as we, us and our) provides an app for use on mobile devices (referred to in these Terms of Use as Celect), which gives information about:

1. local elections for Christchurch City Council (including mayor, councillors and community board elections), Environment Canterbury, and Canterbury District Health Board (Local Elections); and
2. for each Local Election, the candidates for that Local Election (Candidates).

1.2 Application of Terms of Use: Celect is owned and operated by us and is governed by these Terms of Use. You must accept these Terms of Use as part of the process for installing Celect on your mobile device, and these Terms of Use form a legally binding contract between you and us once you accept them. You will not be able to use Celect if you do not accept these Terms of Use.

1.3 Term: These Terms of Use apply for so long as you have Celect installed on your mobile device. You can uninstall Celect at any time.

1.4 Privacy: The way in which we use personal information is explained in, and governed by, the Celect Privacy Policy(external link). By using Celect, you accept, without limitation or qualification, the terms outlined in the Celect Privacy Policy(external link).

2. Information on app

2.1 Information: We rely on Local Election information and Candidates’ information provided to us by the electoral officer and do not warrant or take responsibility for the completeness and accuracy of such information contained in Celect. Candidate information has been complied under the Local Electoral Act 2001 (Act). The Act provides that an electoral officer is not required to verify or investigate information included in candidate profile statements and is not responsible for the accuracy of the information contained in such statements.

2.2 No Endorsement: The listing of Candidates on Celect should not be taken as an endorsement, approval or recommendation by us of those Candidates.

3. App notification, location data and sharing functionality

3.1 App Notifications: Celect allows you to save information about Candidates you are interested in and you may opt to receive from us notifications with information and reminders about the Candidates you have identified as being of interest to you and Local Elections that may be relevant to you. If you do not wish to receive notifications relating to Celect, you can opt out of receiving these notifications at any time by deactivating the notifications option in the settings menu of Celect or in the notification settings on your mobile device.

3.2 Ward and Candidates: Celect provides you with various ways to identify the ward you belong to and Candidates you can vote for in the corresponding Local Election. You will have the option of:

1. searching for and selecting your address; or
2. selecting the ward relevant to you. In addition, if you have enabled the location data feature of Celect, Celect will identify the ward and Candidates for that ward for the location of your device at the relevant time. If you do not select a ward relevant to you, you will still be able to use Celect, however, specific information in connection to a particular ward may not be available for you to view on Celect. You will also have the option of manually selecting your address.

3.3 Sharing Celect: You can use the “share” function to share Celect with other people or through other third party platforms. If you do share Celect with others, you will be solely responsible for ensuring that the other party has given their consent or authorisation to share Celect with them.

4. Updates and availability

4.1 Updates to these Terms of Use: We may amend these Terms of Use from time to time. We will indicate the date of the last update of these Terms of Use on the version of the Terms of Use available through Celect. You should check these Terms of Use from time to time to check for any amendments. If you continue to use Celect after the amendment, you will be considered to have accepted the amended Terms of Use.

4.2 Celect Updates: We may from time to time make available an updated or new version of Celect, including to provide bug fixes and/or new, replacement or improved features or functionality (App Update). You acknowledge that:

1. any failure by you to download an App Update may result in your use of Celect being restricted or subject to interruptions or errors; and
2. an App Update may require you to run a more recent version of the relevant operating system for your mobile device.

4.3 Availability: We may also choose to cease making Celect available at any time.

5. Your responsibilities

5.1 Lawful Use: You may only use Celect for lawful purposes and you must comply with all applicable laws when accessing and using Celect.

5.2 Instructions: You must comply with any instructions we provide to you relating to access to, and use of, Celect.

5.3 Prohibited Acts: You must not:

1. copy, modify, translate or otherwise create derivative works from any part of, or reverse engineer or decompile the whole or any part of, Celect (or attempt to do so, or assist anyone else to do so);
2. copy any part of Celect, except as permitted by these Terms of Use, and to the extent that copying occurs automatically in the normal course of your accessing Celect;
3. interfere with, or disrupt, the provision of Celect or its use by anyone else; or
4. attempt to gain unauthorised access to Celect, the server on which Celect is stored or any server, computer or database connected to Celect.

6. Intellectual property

6.1 Copyright: Unless otherwise indicated, we or our licensors hold the copyright and other intellectual property rights in all material on Celect (Materials). You do not acquire any ownership rights in the Materials by using Celect or any of the Materials.

6.2 Your Use of Materials: The Materials can be accessed and used by you for personal and non-commercial purposes free of charge on the mobile device that you own or control. The Materials may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorised by us.

6.3 Trademarks and Logos: We do not authorise the use of any of our trademarks or logos, or any other trademarks and logos on Celect, without our prior written permission. These are the registered or unregistered trademarks of us or our licensors.

6.4 Your Content: Anything you provide to us, including feedback, ideas or suggestions that you give us, in relation to Celect may be used by us free of any obligations to you (including payment).

7. Liability and disclaimers

7.1 Accuracy and Errors: The preparation and provision of the information on Celect has been made in good faith from a number of sources that are believed to be reliable. All due care has been taken to ensure that the information is accurate and up to date. However, we do not warrant or represent that the content and/or facilities available or accessible via Celect will always be accurate, complete or current; or free of errors, defects, viruses or other harmful components.

7.2 No Guarantee of Availability: We will use reasonable efforts to ensure that Celect is available as much of the time as possible, but we do not warrant or represent that Celect will available at all times, or that access to Celect will be uninterrupted.

7.3 Liability Exclusions: Subject to clause 7.6, to the fullest extent permitted by law, we will not be liable for any errors and omissions, nor for:

1. any direct or indirect, incidental, special or consequential loss or damage;
2. any loss of data, profits, revenue, business or goodwill; or
3. any damage to your mobile device or the data held on your mobile device, arising out of or in connection with the use of Celect or the data contained on it.

7.4 Limitation of Liability: If notwithstanding the above, we are found to be liable to you for any damage or loss which arises as a result of your use of Celect, our liability (whether in contract, tort or otherwise) shall not exceed $50.00.

7.5 Warranties Excluded: To the fullest extent permitted by law, we disclaim and exclude all representations, warranties and conditions, whether express, implied or statutory, relating to Celect, other than those representations, warranties and conditions identified expressly in these Terms of Use.

7.6 Consumer Guarantees: Notwithstanding any other provision of these Terms of Use, nothing in these Terms of Use limit any rights you may have under the Consumer Guarantees Act 1993 (CGA), provided that if you are in trade (as defined in the CGA) and are using Celect in trade, you agree that the provisions of the CGA do not apply.

8. Suspension and termination

8.1 Suspension of Operation: We may withdraw or suspend the operation of Celect, or cease to provide and/or update content to Celect, with or without notice to you, if we believe we have reasonable grounds for doing so, including without limitation for security, legal or business reasons.

8.2 Suspension or Termination of Access: We may suspend and/or terminate your right to access and use Celect, with immediate effect at any time, including where you have not complied with these Terms of Use. We will use all reasonable endeavours to notify you if we do so, except where we are prohibited from doing so under applicable law.

9. Third party websites and services

9.1 Third Party Sites: Celect may link you to websites and third parties connected Celect. These websites are not under our control, and you acknowledge that we are not responsible for the accuracy or any other aspect of the content of such websites. Your use of such websites are subject to their terms of use. The inclusion of a link to any such websites does not mean that we have reviewed and endorse or assume responsibility for material posted or services or products offered on that website.

9.2 Operating System: To operate effectively Celect requires Apple iOS 12 or later or Android Oreo 8.0 or later. You are responsible for ensuring you have the appropriate version of these operating systems and must comply with the applicable terms of use of those operating systems.

10. General

10.1 Assignment: Your rights and obligations under these Terms of Use are personal to you and you may not assign or otherwise transfer any of your rights or obligations under these Terms of Use to any other person without our prior written consent. We may assign or transfer any or all of our rights or obligations under these Terms of Use at our sole discretion.

10.2 Force Majeure: Neither you or us will be liable for any breach of these Terms of Use, if and for so long as this breach is a direct result of circumstances beyond the breaching party’s reasonable control.

10.3 Waiver: No waiver by you or us of your or our (as applicable) rights under these Terms of Use will be effective unless it is in writing.

10.4 Governing Law and Jurisdiction: These Terms of Use are governed by the laws of New Zealand, and any related disputes will be resolved by the New Zealand courts.

10.5 Entire Agreement: These Terms of Use and the documents and information referred to in these Terms of Use record the entire agreement between you and us relating to Celect.

10.6 Contacting Us: If you have any questions about these Terms of Use or Celect, please find the details to contact us at www.ccc.govt.nz/contact-us(external link).

Last updated on 25 June 2019.

1. Introduction

1.1 This Privacy Policy describes how Christchurch City Council (referred to in this Privacy Policy as we, our or us) collects, uses and discloses your personal information obtained through or in connection with our mobile app (referred to in this Privacy Policy as Celect), which provides information about:

1. local elections for Christchurch City Council (including mayor, councillors and community board elections), Environment Canterbury, and Canterbury District Health Board (Local Elections); and
2. for each Local Election, the candidates for that Local Election (Candidates).

1.2 Application of Privacy Policy: The information in this Privacy Policy only applies to personal and other information collected through or in connection with your use of Celect, and does not apply to any of our other websites or online services (which may have their own privacy policies).

1.3 Updates: We may change this Privacy Policy from time to time. We will give you notice of changes using Celect. We will indicate the date of the last update of this Privacy Policy on the version of the Privacy Policy available through Celect. You should check the online Privacy Policy from time to time to check for any amendments. If you continue to use Celect after the amendment, you will be considered to have accepted the amended Privacy Policy.

1.4 Privacy Act: We are required to comply with the provisions of the Privacy Act 2020 (the Privacy Act). Personal information is collected, held and used in accordance with the principles set out in the Privacy Act. In particular, we will:

1. use personal information only for the purpose for which it is collected;
2. retain personal information only for as long as is necessary to fulfil the purposes for which it was collected; and
3. release personal information to a third party only when required to or permitted to by law, if you have authorised the release or where disclosure is related to the purpose for which the information was collected.

1.5 This Privacy Policy explains:

1. what kind of personal information we collect;
2. when we collect personal information;
3. how we use personal information;
4. how we store information; and
5. how you can contact us.

2. What kind of personal information we collect

2.1 We automatically log some information which is, or may be, personal information when you use Celect, including:

1. your location information unless you choose otherwise (see clause 0 for more information about this);
2. information about your mobile device, including your mobile device type and unique device identifier, the version of the operating system you are using (e.g., Android or iOS), the language setting on your phone and the country you reside in;
3. when you last accessed Celect; and
4. information relating to your use of Celect, such as when you first accessed Celect, and the store from which Celect was downloaded and installed.

2.2 If you have elected to allow Celect to access your location data, we will use the location of your device from time to time to identify and present to you the ward for that location, and the Candidates for the applicable location.

2.3 We will also collect information you give us, for example if you contact us about Celect.

2.4 We may also obtain personal information from third parties with your consent, and where permitted by law. For example, feedback about Celect through the app stores from which it can be downloaded.

2.5 Celect has been developed with the use of third party software products some of which may collect information through your use of Celect. This third party software includes:

1. a software development kit (SDK) licensed from OneSignal(external link). The OneSignal SDK enables One Signal to collect or access information about users of Celect, including the information described in clauses 2.1 and 0 above. The information collected or accessed by OneSignal and how OneSignal uses and discloses that information is set out in the OneSignal privacy policy(external link); and
2. an analytical tool using Google’s Firebase(external link) mobile platform, which monitors crashes and performance of Celect itself. The information collected, used or accessed by Firebase is set out in the Firebase privacy policy(external link).

2.6 When accessing or using any third party website, such as the website of OneSignal and Firebase, your personal information may be collected by those third parties. You should refer to the applicable licence provisions, terms of use and privacy policies of those websites.

3. When we collect personal information

3.1 We collect personal information about you:

1. through your use of Celect;
2. when you contact us in relation to your use of Celect; and
3. when a third party provides personal information to us in accordance with clause 2.4.

4. How we use personal information

4.1 We use information that we collect about you or that you provide to us in the following ways, as applicable:

1. to tailor the information you receive through Celect to your preferences, including to provide you with, inform you of, or to remind you about, the relevant Local Election dates/information or Candidate information based on your location or your preferences;
2. to process and respond to your enquiries, requests or other communications from you relating to Celect or otherwise contact you in relation to your use of Celect;
3. to exercise any of our rights or perform any of our obligations under Celect's Terms of Use(external link);
4. for any specific purpose which we notify you of at the time your personal information is collected or for which we have your consent;
5. to assist us with analysing the performance of Celect and monitoring of crashes during the use of Celect;
6. to comply with relevant laws; and
7. for our administrative purposes and any other purposes permitted by law.

4.2 We may disclose your personal information:

1. to our agents, service providers (including our hosting providers), third party software providers and any other relevant third parties to the extent necessary to make Celect available to you, or in connection with any of the purposes set out in paragraph 4.1 above;
2. if we are requested to do so in the course of legal proceedings or other investigations; or
3. with your authorisation or where we are otherwise permitted to do so by applicable law.

4.3 We may aggregate your personal information, in an anonymised form, with any other data and/or into a different format. We may use the aggregated data for analytical and other purposes set out above. Where we have aggregated your personal information with other information or data, we may use the aggregated information or data set in any form and in any manner, except that:

1. we will not publish, disclose or provide the aggregated information in a form where you are specifically identified; and
2. we will ensure that your personal information cannot readily be identified in, or extracted from, any aggregated information or data set which is to be published or disclosed.

5. How we store information

Your information that is collected and retained by us may be stored by us or by our service providers on our behalf. We have entered into appropriate arrangements requiring our hosting provider to keep the hosted information secure and confidential. Where we store information ourselves, we have implemented reasonable measures designed to keep your information safe and secure.

6. Contacting us

6.1 You may inquire about, and seek access to, personal information we hold about you that can be readily retrieved by contacting us - you can contact us at: www.ccc.govt.nz/contact-us (external link)

6.2 You may request that the personal information we hold about you be corrected by contacting us. If we do not agree to your request for correction, you may then request that we take reasonable steps to attach to the information a statement of the correction sought but not made.

6.3 If you think that we have breached the Privacy Act and have not addressed your concerns to your satisfaction, or if you would like to find out more about our obligations, you can contact the Privacy Commissioner's privacy hotline 0800 803 909.