Terms & Conditions
Welcome to the website (the “Website”) of THE BRITISH COLUMBIA COUNCIL FOR FAMILIES SOCIETY (S-0013027) (the “Society”) located at http://www.bccf.ca. All references to “the Council”, “BCCFS”, “we”, “our” or “us” shall be deemed to be including the Society, being a not-for-profit society duly incorporated under the laws of the Province of British Columbia, Canada.
The Website is an online platform created to support the mission of the Council. The mission of the Council is to create a collaborative space for families, professionals, independent sector organizations and corporations to:
- interact and intersect;
- acquire training, resources and other solutions to family life education needs; and
- participate and engage in TAG activities (TALK, ACT, Get Involved) including: blogs, surveys on public policy and social issues, advocacy and speaking out, linkages and solutions to the collective needs of families.
The Website is an online virtual space that exists as a forum for:
- unregistered users (herein known as “Visitors”);
- registered users (“Registered Users”);
- members of the Society (“Members”);
- clients of the Society (“Clients”);
- registrants to courses offered by the Society (“Registrants”);
- Employees of the Society (“Employees”);
- Independent contractors to the Society (“Contractors”);
- Board members of the Society (“Board Members”);
- Volunteers and practicum students to the Society (“Volunteers and Students”); and
- Donors to the Society (“Donors”).
The term “User” means any combination of any of the above categories of individuals that enter the Website.
Please Read This Document Carefully! These Terms of Use (the “Agreement”) governs your relationship with the Council and describes the legally binding terms for your access to and use of the Website.
SECTION 1.0 – TERMS OF USE
General Terms
1.1 By using the Website, you agree to be bound by this Agreement and all applicable laws governing this Agreement.
1.2 The Council reserves the right to modify any or all terms of this Agreement from time to time and such modification shall be effective immediately upon being posted on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted.
1.3 You acknowledge that the Council has the right but not the obligation to monitor the Website.
1.4 Unauthorized mirroring or, framing of or linking to the Website is prohibited. Third party commercial advertisements, affiliate links, and other forms of solicitation without the express written permission of the Council shall be removed without notice.
1.5 You are not permitted to use “the Council”, our logo, our taglines or any other the Council identification as a reference or means of promoting or publicizing yourself. Furthermore, you will not create an association, express or implied, between you and the Council without our express written permission.
1.6 The Council owns all right, title and interest, including without limitation all intellectual property rights, and all derivative works or enhancements thereof, relating to the Website (and any derivative works or enhancements thereof), including but not limited to all information, content, materials, products, services, URLs, software, technology, editorial or user guidelines, documentation and music, and shall be permitted unfettered use of this material. You shall not acquire any right, title or interest therein.
1.7 You agree to defend, indemnify and hold the Council and its respective affiliates, officers, directors, employees, shareholders, heirs and assigns, agents, funders and licensees harmless from and against any and all costs, claims, fines, penalties, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses including reasonable legal and accounting fees arising out of or in connection with your misuse of the Website (including anyone acting under your password or the Registered User identification, or any alleged violation by you of any of the terms contained in this Agreement. Notwithstanding the foregoing, the Council retains the exclusive right to defend, settle, and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against the Council and in no event shall you settle any such claim without our prior written approval.
Registered User
1.8 When you become a Registered User, you will have an opportunity to create a profile containing your personal information (a “Profile”) and to post and upload Registered User content. All information provided by you as part of your Profile shall be governed by the Privacy Policy attached in Section 2.0 hereto.
1.9 Becoming a Registered User is void where prohibited by law. By becoming a Registered User, you represent and warrant that (a) all information in your Profile is truthful and accurate and that you will maintain the accuracy of such information; and (b) you are NINETEEN (19) years of age or older and are capable of entering into a legally binding contract. Registered User status and Profile may be terminated without warning if: (1) you are, or we have reasonable grounds to believe that you are under NINETEEN (19) years of age or are not capable of entering into a legally binding agreement; or (2) you breach any of the terms and conditions of this Agreement; or (3) your use of the Website breaches any applicable law or violates any right of any person.
1.10 Your Registered User content may not be, and your Profile may not include nor link to any content or information that is, or perceived by the Council as being racist, defamatory, excessively violent, harassing, discriminatory or otherwise illegal or objectionable in nature, nor shall it include passwords, viruses, spyware, malware, illegal software or warez or any hyperlinks to same. If you become aware of misuse of the Website by any person, please contact us at: bccf@bccf.ca.
1.11 The Council does not assume any responsibility for your Registered User content for which you retain complete responsibility. The Council does not endorse any the Council Member’s Membership Content nor does any the Council Member’s Membership Content posted on the Website necessarily reflect the views and opinions of the Council. The Council makes no warranties, express or implied, as to any the Council Member’s Membership Content, or to the accuracy or reliability of any the Council Member’s Membership Content or to any material or information transmitted from one the Council Member to another.
1.12 The Council shall have the right and license to use (or not use), modify, edit, alter, remix, juxtapose, compile, publish, display, reproduce, exhibit, promote and exploit all Registered User content within the Registered User’s area of the Website. The Council may use any of your Registered User content, including but not limited to photographs that you upload, anywhere including outside of the Registered User’s area without further consent to promote the mission of the Council using any form of media and communication it chooses.
1.13 You represent and warrant that your Registered User content is all original to you and are owned or licensed in its entirety by you at the time that you post / upload the same, and that you have the unencumbered right to upload the same to the Website without being in violation of anyone’s rights of privacy, publicity or personality, and will not commit any act of defamation towards anyone, nor infringe on anyone’s copyright, trademark or industrial design.
1.14 The Council is not obliged to pay you any consideration, royalties, fees or buy-outs of any kind or nature for your Registered User content. All claims for monetary or non-monetary consideration, compensation, royalties, fees or buy-outs for your Registered User content, along with any claims for droit moral, are expressly and forever waived by you upon you uploading it onto the Website.
1.15 You may cancel your the Council Membership at any time by emailing us at bccf@bccf.ca. Cancellation of the Council Membership does not terminate the Council’s ongoing rights and licenses in and to your Membership Content granted hereunder.
1.16 We reserve the right, but not the obligation, to delete any information about any the Council Member and further reserves the right to unilaterally remove from the Website any material that it deems to be in violation of this Agreement. However, given the "always on" nature of the world-wide web, it is realistic to expect that, at times, the Website may contain material that you are offended by. If you encounter such content, please immediately notify us at bccf@bccf.ca
Registrants
1.17 If you have registered for any informational, educational, training or other courses or programs (altogether, the “Courses”) offered through this Website and have therefore become a Registrant, you agree to abide by the rules and guidelines concerning registration published by the Council, which shall be amended from time-to-time. The current rules and guidelines concerning registration for courses is found at these links: [insert links], and governs all registration matters including but not limited to registration information, fees, payment, method of payment, withdrawals and cancellations, and attendance.
1.18 All Courses offered or provided on or through the Website and under this Contract are provided “as is” without warranty of any kind, either express or implied. The Society and any other party connected with providing the Courses shall not be liable for any direct, indirect, special, consequential, or incidental damages, even if the Society and any other party connected with providing the Courses have been advised of the possibility of such damages. Under no circumstances shall the Society and any other party involved in creating, producing, delivering or distributing the Courses be liable for any direct, indirect, incidental, special, or consequential damages that result from the Registrant’s or other person’s participation in those Courses, including but not limited to any consequences arising from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. The Customer hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website.
1.19 If a relevant jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.
Miscellaneous
1.20 Please refer to the Privacy Policy in Section 2 below for other terms and conditions governing Visitors, Members, Clients, Registrants, Employees, Contractors, Board Members, Volunteers and Students, Donors and all other Users, if any.
1.21 If any transactions are processed through www.paypal.com (“Paypal”), you agree to adhere to the “Legal Agreements for PayPal Services” as published on Paypal from time-to-time, and the Council disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement of any rights of any third parties or any laws relating to your use of Paypal’s website and their online systems. The Council shall not be liable for any direct, indirect, incidental, special or consequential damages that may result from or in connection with the use of, or the inability to use, or from any errors or omissions contained on Paypal or any content or services therein.
1.22 Unused products may be returned for a refund within 30-days of purchase, excluding shipping costs. Return shipping will be at the customer's expense.
ACCORDINGLY, THIS WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE COUNCIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS OF ANY THIRD PARTIES OR ANY LAWS.
THE COUNCIL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COUNCIL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, OR FROM ANY ERRORS OR OMISSIONS CONTAINED ON, THE WEBSITE OR ANY CONTENT OR SERVICE THEREIN, EVEN THE COUNCIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 2.0 – PRIVACY POLICY
The Council is committed to providing all Users with exceptional service. As providing this service involves the collection and use of some personal information, protecting this personal information is one of our highest priorities.
This Privacy Policy outlines the principles and practices we follow in protecting your personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of your personal information and allowing you to request access to, and correction of, your personal information.
SCOPE OF THIS POLICY
This Privacy Policy applies to all personal information that is collected, used, or disclosed by the Council, whether in oral, electronic or written form. By using this website, you signify your consent and agreement to be bound by these terms, practices and policy.
Information in the public domain is not subject to privacy legislation and as such is not included in this policy. Where Users use their home contact information as business contact information, the Council considers that the contact information provided is business contact information, and is not therefore subject to protection as personal information.
This Privacy Policy is subject to the Personal Information Protection Act of British Columbia, the Freedom of Information and Protection of Privacy Act (where applicable), and the Personal Information Protection and Electronic Documents Act of Canada (where applicable). Furthermore, there may arise certain circumstances where the Council may be required to share information as mandated by law, regardless of our Privacy Policy. Examples include obligations under the Child, Family and Community Service Act of British Columbia, imposing the duty to report when there is reason to believe a child needs protection, if compelled to testify by a court order, or other similar legally imposed obligations.
COLLECTION OF PERSONAL INFORMATION
Obtaining Consent
2.1 We will obtain your consent to collect, use or disclose personal information (except where we are authorized to do so without consent). In obtaining consent, the Council will clearly explain the purposes for which personal information will be collected, used or disclosed.
Your consent can be provided orally, in writing, or electronically, or it can be implied, where the purpose for collecting, using or disclosing the personal information would be considered obvious and you voluntarily provide personal information for that purpose (e.g., for delivery of course materials. Consent may also be implied where a User is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs, the marketing of new services or products, or fundraising, and the customer or member does not opt-out.
We respect your right to be removed from our mailing lists. Subject to certain legal restrictions, you may withhold or withdraw your consent for the Council to use your personal information. Upon receiving written notice of your withdrawal of consent, the Council will stop collecting, using or disclosing your personal information unless required by law.
We may collect, use or disclose personal information without consent in the following limited circumstances:
- When the collection, use or disclosure of personal information is permitted or required by law;
- When the personal information is available from a public source;
- When we require legal advice from a lawyer;
- For the purposes of collecting a debt; or
- As required by www.paypal.com (“Paypal”) when processing transactions using that website.
Using and Disclosing Personal Information
2.2 The Council will only use or disclose your personal information where necessary to fulfill the purposes identified at the time of collection, or for a purpose reasonably related to those purposes, such as:
- To conduct surveys in order to enhance the provision of our services; or
- To contact Users directly about the Council products, services or events that may be of interest to them;
- To solicit for donations; or
- To process transactions through Paypal.
2.3 We will not use or disclose your personal information for any additional purpose unless we obtain consent to do so.
2.4 We will not sell customer or membership lists or personal information to other organizations.
Retaining Personal Information
2.5 The Council will retain your personal information only as long as necessary to fulfill the identified purposes for which it was collected, or as required by law.
2.6 If such personal information included credit card information, you will be given the option of allowing us to retain the information for convenience so that you may expedite future purchases, or alternatively, to remove the information from our Website after the processing of that immediate transaction, subject to us retain all historic information that your credit card provider requires us to retain.
Ensuring Accuracy of Personal Information
2.7 The Council will make all reasonable efforts to ensure that your personal information is accurate and complete. Please assist the Council in its efforts to provide you with the best possible service, by informing us of any change in your personal information.
2.8 A request to correct personal information must provide sufficient detail to identify the personal information and the correction being sought. Please forward requests to correct or update personal information to:
BC Council for Families
208-1847 West Broadway
Vancouver, BC V6J 1Y6
Or to
bccf@bccf.ca or to joelk@bccf.ca
Please include the following in the Subject line: “Attention: Privacy Officer”
Security and Protection of Personal Information
2.9 We are committed to ensuring the security of your personal information in order to protect it from unauthorized uses or similar risks.
2.10 Username and Password. Your username and password are personal to you and you may not allow any others to use your username or password under any circumstances. You can edit or change your password at any time. We are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns.
2.11 The following security measures are followed to ensure that personal information is appropriately protected:
- Commerce functions on the Council website are protected by 128-bit Secure Socket Layer encryption, the standard for web-based commerce. The Secure Socket Layer (SSL) protects the information you transmit and prevents interception by unauthorized parties.
- Credit card information received online is not stored on the server, and all customer information is removed once an order has been fully processed.
- The online publications catalogue of the Council uses cookies to help you access pages faster and allow our server to recognize you as you move from page to page. Cookies are a standard technology that installs a small text file on a visitor's hard drive. The cookie expires as soon as you close your browser window. The Council does not use cookies to track a user’s internet history on other sites.
- Personal information is stored in our database, which is protected by a firewall to restrict unauthorized access.
- Backup disks and hard copy paper files are securely stored.
- Only a limited number of authorized the Council employees have access to secured personal information such as credit card information.
- Personal information contained in paper format is destroyed by shredding when the Council is no longer required by law to retain it. Electronic information is destroyed by deletion.
- We continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
Use of Technology On The Website
2.12 The Website uses cookie technology to make your use of the Website more convenient. A cookie is a text file which enables the Website to store any information about your activities on the Website or the length of your stay. Personal information about your visits to the Website is used on an aggregate basis, which means it is used for statistical purposes to assist us in enhancing your online experience, or to evaluate the materials that we may carry on the Website.
2.13 The Council may also use the cookies to monitor polling results. The cookies will monitor results to discourage voting twice in one poll. This will give us the ability to properly count activity reports and polling results.
2.14 In addition, the cookie will store your e-mail address, which is your unique identifier, so that on return visits the Website will be able to match you to your identity in the database. This is an opt-in feature which will only be made operational if you choose to do so.
2.15 If you choose to disable cookies associated with the Website, this may affect your use of the Website and your ability to access certain features of the Website.
E-mail List
2.16 The Website allows you to provide us with your e-mail address in order that we may send you information and updates about us. In order to administer the e-mail list we will collect your name, e-mail address, geographical location and your language of preference for communication. We may also collect other information as may be required from time to time in connection with the services offered on the Website.
Links to Other Sites
2.17 This Website may contain links to other websites, including to Paypal for the processing of transactions. When you click on of those links, you are contacting another internet resource. The Council has no responsibility or liability for, or control over those websites, or internet resources or their collection, use and disclosure of your personal information. Please refer to the privacy policy and terms of use contained in any linked site you choose to go to, and familiarize yourself with that website’s terms and conditions of use.
Access to Personal Information
Requests for access to your personal information held by the Council should be directed in writing to:
Privacy Officer
BC Council for Families
208-1847 West Broadway
Vancouver, BC V6J 1Y6
bccf@bccf.ca
Access to personal information will not be available over the phone.
We will assist you in identifying your personal information and in completing the request for access. You will be informed in advance of any charges that apply in connection with the request for access. Such charges may related to the transcription, reproduction or transmission of personal information held by the Council. We will respond to your request for access within 30 days. If a longer response time is required, you will be advised accordingly.
Provisions Pertaining to Specific Users
2.19 Clients:
- The primary purpose for collecting information is for administrative or services used.
- Other purposes for collecting information may include research studies and to market services.
- Personal information from conference/training registrations is used for administration and to disseminate information about additional training opportunities offered by the Society. Attendees will be given the opportunity of opt out of inclusion on a delegate list distributed to attendees, as well as to have their name removed from training opportunities bulletins.
- Client files for service contracts will be retained in accordance with the terms of the contract. On termination of the contract, files will be destroyed, erased or returned to be disposed of as required by the funder and the law.
- Where not otherwise defined by contract or required by law, client files will generally be retained for a period of seven years.
2.20 Employees:
- The primary purpose for collecting Personal Information is to complete payroll, communicate with employees and maintain the employee relationship. A further purpose is to fulfill the Society’s legal requirements with regard to its employees and clients.
- Employee files will be kept for seven years after employment ends. Payroll data, which constitutes a part of the permanent financial record of the Society will be kept for the life of the organization.
- Only the Executive Director or another manager may provide employment references for former employees, and only upon request by the former employee. References are not provided for former employees after five years have elapsed from the time of their employment.
- Resumes, applications and interview notes with respect to candidates who are not hired are kept for twelve months from receipt, after which time they are destroyed.
2.21 Contractors:
- The primary purpose for collecting Personal Information for those who provide contract services (e.g. researchers, consultants, facilitators) is for work-related communications and potential contact for future assignments.
- In almost all cases, unless required by the terms of the specific contract, this information is limited to contact information only. Where additional information has been collected, this will be retained in accordance with policies on employee files.
2.22 Board Members:
- The primary purpose for collecting information is to allow for communication and the distribution of relevant information which allows them to fulfill their responsibilities as Board Members.
- The secondary purpose for collecting information is to allow the Society to fulfill its legal reporting requirements and contractual agreements.
- These purposes include the Society’s Return to the Province of BC, Charity Information Return T3010A, banking requirements, insurance carrier for Directors’ and Officers’ liability insurance, Ministry of Human Resources and other funding bodies.
- Personal information about former Board Members, other than that which must be retained to fulfill the Society’s legal requirements, will be destroyed after five years.
2.23 Volunteers and Practicum Students:
- The primary purpose for collecting Personal Information is to allow for placement, communication and recognition.
- Contact information for a family member or friend is also collected in case of an emergency.
- After a volunteer or practicum student leaves, Personal Information will be kept for three years.
2.24 Donors
- Personal Information from donors and potential donors is collected for the purpose of issuing tax receipts, keeping donors updated about events of interest, building relationships with donors and communicating about the Society’s fund raising needs.
- All information regarding a donor will be kept confidential. Donor lists will not be shared with third parties or sold.
- Lists of donors or potential donors may be kept indefinitely, except where the donor or potential donor specifically requests that their Personal Information be destroyed.
Questions and Complaints
2.25 Please direct any questions, concerns or complaints regarding the privacy policies and practices of the BC Council for Families in writing to the Privacy Officer.
Privacy Officer
BC Council for Families
208-1847 West Broadway
Vancouver, BC V6J 1Y6
Miscellaneous
2.26 We exercise care in the secure transmission of your information, however no transmission of information over the internet is one hundred percent secure. We cannot guarantee that information disclosed through the internet cannot be intercepted by third parties. the Council is taking the steps that are reasonably available to it to protect any personal information that is provided to it through this Website including, in its disposal or destruction.
2.27 This Privacy Policy may be changed from time to time at our sole discretion and without any prior notice. New versions of this Privacy Policy will be posted here. Your continued use of this Website, subsequent to any changes to the Privacy Policy, will signify that you consent to our collection, use and disclosure of your personal information in accordance with the revised Privacy Policy.
BINDING CONSENT
This Agreement and any amendments thereto which are posted on the Website from time to time constitutes the entire agreement between you and the Council with respect to the use of the Website. This Agreement is to be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and no other jurisdiction and any litigation relating to this Agreement shall be brought solely within British Columbia, and the courts of British Columbia shall have exclusive jurisdiction over all matters herein. If any provision shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions, comments or concerns about the Website or this Agreement, you may reach us at bccf@bccf.ca