DRUMS Terms of Use
Effective Date: November 6, 2025
About These
Terms of Use
The Data Records and User Management
System (DRUMS) is owned and operated by the First Nations Education Steering
Committee (FNESC). Access to and use of
DRUMS is governed by these terms of use (“Terms”). By accessing and
using DRUMS, Users accept and agree to the terms, conditions, and disclaimers
contained in these Terms, and to the collection, use and disclosure of their
personal information as described in these Terms and the Privacy Policy below.
FNESC reserves the right to change these
Terms without notice, and such changes shall be effective when posted. If any User does not agree to such
amendments, they should discontinue their use of DRUMS.
Definitions
Community Staff: Individuals employed by the First Nation
who are authorized to access the School’s Student Data through DRUMS.
Contractors: Individuals contracted by the School to support the delivery of an education program.
School: A First Nation school that uses DRUMS.
School Staff: Individuals employed by the School or the
First Nation, as the case may be, to work in the School.
Student Data: Student information stored in DRUMS,
including student demographic data, educational records, medical records, and
legal records.
Student(s): Student(s)
enrolled in the School.
Users: School Staff, Contractors or Community Staff
that each School authorizes to access DRUMS and who have been assigned a
username and password to access DRUMS. Users may also be FNESC staff or
contractors hired by FNESC to support DRUMS and/or Schools.
User Data: Data stored in
DRUMS about authorized Users. This will include first name, last name, name of
School, email, username and password, and connectivity, technical and usage
data (such as IP Address, unique device identifier, device type, internet service
provider, hostname, region, and country).
Each User is responsible for all
activities undertaken by them when using DRUMS. Schools shall be responsible
for supervising the access to and use of DRUMS by their Users and ensuring that
they comply with these Terms.
Users and Schools are responsible to
promptly notify FNESC when: (a) their password has been stolen or accessed by
an unauthorized person; (b) they suspect or become aware of any unauthorized
access to or use of their Account and Account information; or (c) they become
aware of any material breach of the Terms.
FNESC provides DRUMS to support Schools
with storing and accessing School Data.
School Data accessed, stored or maintained by the School in DRUMS
remains the property of the School, and FNESC does not use that data for its
own purposes. The School and its Users
are responsible for ensuring the accuracy and completeness of the School Data
and that all collection, use, and disclosure of the School Data by the School
or its Users complies with privacy and other applicable laws.
FNESC collects and uses information
about Users who are authorized by their School to access DRUMS in order to: identify and authenticate Users; administer
their privileges to access and use the System; maintain security: and send
communications about DRUMS. This includes monitoring the School’s and any
User’s use of DRUMS for the duration of their use of DRUMS, including for security,
maintenance, troubling-shooting, and incident investigation purposes.
FNESC has implemented reasonable
technology and security features, as well as internal guidelines to safeguard
the privacy of the data stored or accessed through DRUMS from unauthorised
access or improper use. While FNESC makes reasonable efforts to ensure that
this information is secure, no data transmission over the Internet can be
guaranteed to be 100% secure or free from periodic disruption or
interruption. Users’ use of DRUMS is
therefore not free of risk and Users’ use of DRUMS demonstrates their assumption
of these risks.
FNESC has the right to suspend or end
the School’s or any User’s use of DRUMS at any time in the
event that its or their actions breach these Terms or threatens the
security of DRUMS or any or all data stored in DRUMS.
FNESC respects the privacy of Users who
access and use DRUMS. The DRUMS Privacy Policy explains the personal
information that FNESC collects and uses about Users. The DRUMS Privacy Policy forms part of these
Terms, and by accessing and using DRUMS, Users acknowledge and accept the terms
of the DRUMS Privacy Policy.
DRUMS, its organization and design, and
all information, images, artwork, text, video, audio, pictures and other
materials, excluding School Data, on DRUMS are protected by copyright and other
proprietary rights, all of which FNESC owns or has the right to use. Nothing in these Terms authorizes or vests in
Users or Schools any rights in or to DRUMS, including any rights to reproduce,
resell or distribute any part of the System without express written approval
from FNESC.
In no event shall
FNESC be liable for any damages whatsoever, including special, indirect or
consequential damages, arising out of or in connection with: (a) the use or
performance of DRUMS or any interruption in service or information
availability; (b) any unauthorized access to or use of School Data or any
User’s personal information caused in whole or in part by the User’s failure to
keep their Account information confidential or secure; and (c) any other
unauthorized access to, use or disclosure of a User’s personal information or
School Data, unless caused by FNESC’s intentional wrongful conduct or gross
negligence.
Whenever a User identifies a potential
conflict between these Terms and other agreements the User may have with their
School, the User is responsible to promptly notify the School so that they can
identify and/or address any potential conflict with FNESC.
Except where prohibited by law, (a)
these Terms, Users’ access to and use of DRUMS, and any claims made against
FNESC arising out of such access or use or otherwise, will be governed by and
construed and interpreted in accordance with British Columbia laws and the laws
of Canada applicable therein, without reference to conflict of law rules; and
(b) User agrees that exclusive jurisdiction and venue in any legal proceeding
directly or indirectly arising out of or relating to DRUMS will be in the
British Columbia courts sitting in Vancouver, British Columbia.
For any further information, please
contact the DRUMS Help Desk at drums@fnesc.ca
____________________________________________________________________________________________________________________________________________________________________
DRUMS User Privacy Policy
Effective Date: November 6, 2025
This Policy
explains how the First Nations Education Steering Committee (“FNESC”) collects,
uses, discloses, and protects personal information in connection with the Data
Records and User Management System (“DRUMS”).
DRUMS
collects, uses, and maintains personal information of students and staff on
behalf of First Nations schools. The use
of DRUMS may also result in some collection of personal information about
Users.
If DRUMS Users
have questions about the collection, use or disclosure of their personal
information by their school or when they access and use the System, they should
contact their School or the FNESC Privacy Office at privacy@fnesc.ca.
FNESC is a First Nations controlled
non-profit organization focused on advancing quality education for all First
Nation learners through policy and advocacy.
FNESC is responsible for operating DRUMS and making it available to
First Nation Schools.
Schools can store and access School Data on DRUMS, but
the School continues to own its data and exercises
responsibility for and authority over the collection, use and disclosure of
that data. Schools determine what data
to store in DRUMS.
This DRUMS Privacy Policy applies to Users of DRUMS. Users
may include School Staff, Community Staff and Contractors employed or engaged
by Schools who have been
authorized by their School to sign into DRUMS and access School Data.
A limited number of FNESC staff
members and contractors are also DRUMS Users.
They may access and use DRUMS to maintain the effective operation of
DRUMS and to provide help to School Users.
When Users access and use DRUMS, FNESC may
collect some information about those Users.
This Policy explains how User Data is collected, used, disclosed and
protected by FNESC.
FNESC is subject to the BC Personal Information Protection Act and is committed to ensuring
that the management and protection of all personal information, including User
Data, through DRUMS complies with this legislation and all other laws
applicable to the collection, use or disclosure of personal information. FNESC provides protection measures including:
·
Organizational measures, such as training, the development and
enforcement of privacy policies and procedures, limiting internal access to a
need-to-know basis, and maintaining a privacy officer who supports the
oversight of DRUMS.
·
Physical measures to ensure that the equipment and facilities used to
store, maintain and access data are secure.
·
Digital or electronic measures, such as firewalls and encryption, to
ensure that DRUMS and all data maintained through DRUMS is secure.
FNESC relies on User consent for the collection, use
and disclosure of User Data. By
accessing and using DRUMS, Users will be deemed to be consenting to the
collection, use and disclosure of their personal information as described in
this Policy. Users who do not wish to provide their consent should notify their
School and should refrain from using DRUMS.
FNESC collects
personal information about Users. That information is collected and used by
FNESC in order to: identify and authenticate Users;
administer their privileges to access and use DRUMS; maintain security; and
send communications about DRUMS. It includes first name, last name, the
name of the School at which the User works, password,
and login credentials.
FNESC reserves the right to monitor the School’s and any User’s
use of DRUMS for the duration of their use of DRUMS, including for security,
maintenance, troubling-shooting, and incident investigation purposes.
When Users access and use DRUMS, FNESC automatically
gathers and stores certain connectivity,
technical and usage information about the visit for the purposes of administering DRUMS,
assessing its performance, improving services, and maintaining security. This User Data might include IP address, unique device identifier, device type, internet service
provider, hostname, region, and country.
FNESC does not access, use or disclose
School Data, except when requested by the School or
required for operating DRUMS.
The User personal information stored on
DRUMS is collected and used internally by FNESC and stored on servers based in
Canada. FNESC may share some information with its employees and service
providers to help maintain, improve or trouble-shoot DRUMS, but FNESC expects
and requires employees and service providers to keep such information
confidential.
FNESC works hard to ensure that all
collection, use and disclosure of User Data through DRUMS is fully compliant
with personal information protection laws applicable in British Columbia.
Under these laws, Users have the right
to request access to User Data stored in DRUMS.
Users also have the right to request
correction of their User Data and to be told how their information is
collected, used, and disclosed by FNESC.
Questions under this Policy may be
directed to FNESC’s Privacy Officer at privacy@fnesc.ca.
FNESC reserves the
right to make changes to this Privacy Policy at any time. If FNESC makes changes, DRUMS will be updated
to include such changes. Such changes
will be effective when posted.