Votapex - Terms of Service

Effective: 4th of August 2024

1. Introduction

Welcome to Votapex ("Service"), a cloud-hosted web application provided by fd Network, ABN [21 885 521 280] ("we", "us", or "our"). By accessing or using our Service, you ("The District", "User" or "you") agree to be bound by these Terms of Service ("Terms").

We strive to ensure Votapex is available to all users and operates smoothly. For up-to-date information on service availability, including any scheduled maintenance or unforeseen disruptions, please refer to our Service Status Page at status.votapex.com. This page also offers access to historical performance data, underscoring our commitment to transparency and reliability.

2. Use of Service

  • The Service is provided to you at no cost for the purpose of managing your voting requirements of a Toastmasters District Council or District Executive Committee Meeting.
  • We grant you a non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms.
  • You agree not to use the Service for any purpose that is illegal, or prohibited by these Terms.

3. Accounts and Security

  • Registration is required for provisioning a Voting Portal to access features of the Service.
  • You are responsible for safeguarding the details that you use to access the Service and for any activities or actions under your account.
  • You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

4. Content and Conduct

  • User Responsibilities: You are solely responsible for the content you provide and ensuring that you have the rights necessary for such content. You agree not to post or transmit content that violates any law or the rights of any third party. We reserve the right to remove or modify content that we determine, at our sole discretion, to be in violation of these Terms or otherwise harmful.
  • Collection of Personal Information: In connection with the validation of member votes, we request the District to supply their District Council Members list, which includes Personally Identifiable Information of their members. However, for the purposes of validating a member vote, we will only store and use the Club ID, Club Name, Club Role, Club Status, Member ID, Member Name, Member Paid Status, Mobile/Cell number, and email address.
  • Use of Personal Information: The personal information collected is strictly for the purpose of validating member votes and will not be used for any other purposes without your explicit consent. We are committed to handling your personal information in accordance with the Australian Privacy Principles (APPs), ensuring the protection of your privacy and the security of your data.
  • Data Minimization and Security: We adhere to the principles of data minimization and security. Only the necessary information required for the validation of a member vote is collected and retained. We implement appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure, or destruction of data.

5. Maintenance and Patching Schedule

  • For detailed information on scheduled maintenance times, as well as historical performance data, we encourage users to visit our Service Status Page at status.votapex.com.
  • Regular System Maintenance: To ensure the highest level of service quality and performance, we conduct regular system maintenance at 11:53 PM (local time) for a period of five (5) to fifteen (15) minutes. During this time, Votapex may be temporarily unavailable or experience reduced functionality.
  • Application Patching: In addition to our regular maintenance, we perform application patching at 12:34 AM (local time) for a duration of five (5) minutes. This process allows us to implement important updates and ensure the security and stability of Votapex.

    • Please note:

    • The times provided are based on the regional servers timezone, and users in different time zones should adjust accordingly.
    • The Regional Server Time Zones are as follows;
      • Europe: As these Servers are located in Frankfurt, Germany - The Local Timezone is Central Eastern Time [CET] (UTC +1) / Central Eastern Daylight Time [CEDT] (UTC +2).
      • North America: As these Servers are located in Los Angeles, USA - The Local Timezone is Pacific Standard Time [PST] (UTC -8) / Pacific Daylight Time [PDT] (UTC -7).
      • Oceania: As these Servers are located in Sydney, Australia - The Local Timezone is Australian Eastern Standard Time [AEST] (UTC +10) / Australian Eastern Daylight Time [AEDT] (UTC +11).
    • We strive to minimize disruption by scheduling these activities during off-peak hours. However, we understand the importance of uninterrupted access and appreciate your understanding and cooperation during these brief maintenance periods.

6. Intellectual Property

  • The Service and all its original content, features, and functionality are the exclusive property of fd Network and its licensors.
  • Your use of the Service grants you no rights in or to our intellectual property or that of third parties.

7. Privacy and Data Protection

  • We are committed to protecting your privacy and ensuring that your personal information is handled in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).
  • In conducting our activities, we will request personal information from Districts via the District Council Member list which includes but not limited to Club ID, Club Name, Club Status, Club Role, Member ID, First Name, Middle Name, Surname, Educational Suffix, Address, Member Paid Status, Mobile/Cell number, Home Phone number, Work phone number, and email address. Of these details, we only store, retain and use the Club ID, Club Name, Club Role, Club Status, Member ID, Member Name, Member Paid Status, Mobile/Cell number, and email address for the specific purpose of validating member votes in connection with our services.
  • It is our policy to collect only the personal information necessary for the primary purpose of validating member votes and providing our services to you. Personal information provided to us is not used for marketing purposes, and we ensure that such information will not be disclosed to third parties under any circumstances, except where required by law.
  • Personal information is stored securely and is only accessed by authorised personnel who are required to keep the information confidential. We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification, or disclosure.
  • Additional details on how we manage and protect personal information, including how you can access and correct your personal information or make a complaint about a breach of the APPs, are available in our Privacy Policy.

8. Data Hosting, Storage and Processing

Our commitment to data security and privacy extends to how and where we store and process your data. We implement robust security measures and adhere to the relevant data protection laws and regulations in each jurisdiction. This approach ensures that your members personal information is handled securely and in accordance with the highest standards of privacy and data protection, regardless of your district's location.

To provide a reliable and responsive service, Votapex is hosted on multiple servers, strategically located to serve our users efficiently. Specifically;

  • Europe: For districts in Europe and the Middle East data hosting and processing are carried out on servers located in Frankfurt, Germany to host and process data. This ensures faster performance and complies with local data protection regulations such as General Data Protection Regulation (GDPR) [EU].
  • North America: For districts in Canada, United States, and Mexico data hosting and processing are carried out on servers located in California, United States to host and process data. This ensures faster performance and complies with local data protection regulations such as the Personal Information Protection and Electronic Documents Act (PIPEDA) [Canada], the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) [Mexico], the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) [US].
  • Oceania: For districts in Australia and New Zealand data hosting and processing are carried out on servers located in Sydney, Australia to host and process data. This ensures faster performance and complies with local data protection regulations such as Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) [Australia], and Privacy Act 2020 [New Zealand].

We guarantee that any data held within a voting portal within a specific geographic zone will be stored and processed exclusively within that zone, without cross-border data transfers to any other jurisdictions.

By limiting data storage and processing to the specific geographic zone, we aim to mitigate the risks associated with cross-border data transfers, including variations in data protection standards and regulations between different countries. Our commitment to this policy is part of our broader strategy to protect personal information from unauthorised access or disclosure, align with global data protection practices, and respect the legal requirements of each jurisdiction in which we operate.

Should you have any questions about our data hosting, storage and processing practices, or our approach to cross-border data transfers, please do not hesitate to contact our Data Privacy Officer by sending an email to privacyofficer at fdnetwork dot com dot au

9. Termination

  • We may terminate or suspend your access to the Service without notice for any breach of these Terms.
  • Additionally, in certain situations beyond our control or in cases of unforeseeable events, such as the incapacity of key personnel (e.g., death or severe illness), the company entering bankruptcy, or other scenarios leading to the company's inability to continue operating, we may find it necessary to terminate the Service. In such events, we commit to providing at least ninety (90) days notice to our users regarding the termination of the Service. This notice period is intended to allow sufficient time for you to make alternative arrangements.
  • Upon termination, your right to use the Service will immediately cease. If you wish to terminate your service, you may simply contact us to organise the termination.
  • All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Changes to Service and Terms

  • We reserve the right to modify these Terms at any time. We will provide twenty eight (28) days notice of any significant changes to the Terms.
  • We may also change or discontinue the Service at any time, We will provide ninety (90) days notice to our users regarding any significant changes or the discontinuation of the Service.

11. Disclaimer and Limitation of Liability

  • The Service is provided "as is" and "as available," without warranty of any kind. While we aim to ensure the Service's reliability and availability, we cannot and do not guarantee that the Service will be uninterrupted, timely, secure, or error-free at all times.
  • Special Provision for Council Events: We understand the critical importance of service availability during Council events. To support this, we commit to the following, provided that we receive at least fourteen (14) days notice from users about the scheduling of such an event:
    • Limiting Application Patching and System Maintenance activities during the notified Council event period to ensure there is no interference with the Service's availability.
    • Making best efforts to address and resolve any unforeseen service issues in a manner that minimizes impact on service availability and functionality during the notified Council event.
  • It is important for Districts planning a Council event to notify us well in advance, specifying the exact dates and times, to enable us to make the necessary adjustments to our maintenance schedule.
  • Despite our efforts to limit disruptions, we must disclaim all liability for any service interruptions or impairments, except to the extent that such disruptions or impairments are directly attributable to our wilful misconduct or gross negligence. This limitation applies to all content, features, and functionalities provided through the Service, to the fullest extent permitted under applicable law.
  • Please note that external factors outside our control, such as general internet connectivity issues or user-specific hardware problems, may still affect the Service's performance during critical times.
  • This section does not affect any rights you may have under the laws of New South Wales, Australia, that cannot be excluded or limited by agreement.

12. Governing Law

  • These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts in that State.

13. Contact Us

  • For any questions regarding these Terms or the Service, please contact us by sending an email to hello at votapex dot com.