BC First Nations Education Portal Terms of Use

Effective Date: August 19, 2024

1. About these Terms of Use

The BC First Nations Education Portal (the “Portal”) is owned and operated by the First Nations Education Steering Committee (FNESC). FNESC makes the Portal available to First Nations and Schools. Access to and use of the Portal is governed by these BC First Nations Education Portal Terms of Use (the “Terms”). By accessing and using the Portal, Users (including individual users, Schools and First Nations) 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 appended Portal Privacy Policy.

FNESC reserves the right to change the Terms without notice, and such changes shall be effective when posted. If any First Nation, School or User does not agree to such amendments, they should discontinue their use of the Portal.

2. Definitions

Program Data: First Nation or School information entered into the Program Portal(s) by First Nations or Schools, as required by the Programs.

Program Portal: A specific web-based application within the Portal that relates to a specific Program led by FNESC.

Programs: A set of activities carried out by FNESC, as defined by each Program Portal’s policy and guidelines.

School: A First Nations school in BC that uses the Portal.

User(s): Staff or individuals contracted by a First Nation or School to support the delivery of a Program, and who are authorized to access information that each First Nation or School provides to the Portal, and who have been assigned a User Account.

User Account: An account issued by FNESC to access the Portal, including the unique login and password assigned to the User with specific permissions based on their applicable employment or contractual responsibilities at the First Nation or School.

User Data: Data stored in the Portal about authorized Users such as a User’s first name, last name, name of the First Nation or School that the User is affiliated with, email, authentication information, and connectivity, technical and usage data (like IP Address, unique device identifier, device type, internet service provider, hostname, region, and country).

3. About the Portal

The Portal is a website used by FNESC, First Nations and Schools to store, maintain, and access information, including personal information, that is relevant for the administration and delivery of the Programs. The Portal holds several Program Portals, in which Users may interact in various ways, including but not limited to, application submissions, application reviews, and report submissions.

From time to time, FNESC may establish and provide to First Nations or Schools policies or procedures to ensure the security and appropriate use of the Portal (“Rules”). Each First Nation and School is responsible for ensuring that it and its Users comply with those Rules. Each User must ensure they comply with the Rules.

4. FNESC

The BC First Nations Education Steering Committee (FNESC) is a policy and advocacy organization that represents and works on behalf of First Nations in BC. FNESC has a mandate to support First Nations in their efforts to improve the success of all First Nations students and advance First Nations education in BC by disseminating information, undertaking research, administering programs and services, and advocating and negotiating with the provincial and federal governments and other key stakeholders at the direction of First Nations. FNESC is responsible for operating the Portal and making it available to First Nations and First Nations Schools.

5. Acceptable Use of the Portal

Users are responsible for using the Portal only for the purposes of submitting, accessing or receiving Program information.

Users may not access and use the Portal to engage in conduct that:

(a) is illegal or unlawful or constitutes a violation of the Rules or any applicable local, provincial or federal legislation, statute or regulation;

(b) is threatening, obscene, sexually explicit, defamatory, discriminatory, harassing, abusive, or which promotes hate;

(c) results in the unauthorized distribution, deletion or alteration of Program material, confidential information, or third party personal information, including, but not limited to, in violation of FNESC, School or First Nations’ policies; applicable laws; contractual terms; or fiduciary obligations;

(d) infringes intellectual property or proprietary rights vested in FNESC or third parties;

(e) exposes the Portal to viruses, cyber attack or any other computer code, files or programs designed to interrupt, destroy, monitor or limit the functionality of the Portal or FNESC’s electronic systems;

(f) amounts to a use of the Portal or access to the Portal for commercial purposes without FNESC’s express written consent; or

(g) is for the purposes of gaining unauthorized access to, or attempts to interfere with or compromise, the normal functioning, operation or security of any portion of the Portal, any User’s account, or the ability of Users to access and use the Portal.

(“Prohibited Conduct”)

6. Responsibilities of Users

Each User is responsible for all activities undertaken by them when using the Portal, and for maintaining the confidentiality and security of their own User Account information (e.g. login id, passcode, etc.).

Each User is also responsible for promptly notifying FNESC and the School or First Nation on whose behalf they are accessing the Portal if:

(a) their password has been stolen or accessed by an unauthorized person;

(b) they suspect or become aware of any unauthorized access or use of their User account or User Account Information;

(c) they become aware of an actual or suspected data security breach in connection with the Portal; or

(d) they become aware of Prohibited Conduct of any User or any breach of the Terms giving rise to a risk of harm to other Users, FNESC, the School or First Nation or other affected individuals.

7. Responsibility for Data

Schools and Users are responsible for ensuring the accuracy and completeness of their Program Data based on each Program’s policy and guidelines, and for ensuring that all collection, use, and disclosure of the Program Data by the School and its Users complies with privacy and other applicable laws. The appended Portal Privacy Policy describes how FNESC’s collects, uses, discloses and protects personal information in connection with the Portal.

As described in more detail in the appended Portal Privacy Policy, FNESC collects and uses information about Users to:

(a) identify and validate Users;

(b) administer their privileges to access and use the Portal;

(c) maintain security;

(d) send communication about the Portal; and

(e) audit and monitor access to the Portal.

8. Security, Risk and Service Interruption

FNESC has implemented reasonable technology and security features, as well as internal guidelines, to safeguard the privacy of the data stored or accessed through the Portal from unauthorized 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 of periodic disruption or interruption. Users’ use of the Portal is therefore not free of risk and User’s use of the Portal demonstrates their assumption of these risks.

FNESC has the right to suspend or end the School’s, First Nation’s or any User’s use of the Portal at any time in the event that its or their actions breach these Terms or threaten the security of the Portal or any or all Program Data stored in the Portal.

FNESC is not responsible for unauthorized access to, loss, theft or destruction of any Program Data that is caused by the failure of the First Nation, School or its Users to maintain the privacy and security of User Account information (e.g. passwords, login ids or other credentials).

9. Privacy of Users

FNESC respects the privacy of Users who access and use the Portal. The collection, use and disclosure of personal information by FNESC through the Portal is described in the Portal Privacy Policy (below). It is the User’s responsibility to ensure they read, are familiar with and access the Portal Privacy Policy. The Portal Privacy Policy forms part of these Terms, and by accessing and using the Portal, Users acknowledge and accept the terms of the Portal Privacy Policy.

10. Proprietary Rights

The Portal, its organization and design, and all information, images, artwork, text, video, audio, pictures and other material, excluding Program Data, on the Portal (“Content”) 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 First Nations, Schools or Users any rights in or to the Portal or Content, including any rights to reproduce, resell or distribute any part of the Portal or Content without express written approval from FNESC.

11. Risk and Liability

FNESC makes the Portal available for use by Schools, First Nations and Users without charge. Like many such online services, FNESC cannot guarantee access will be uninterrupted, secure or defect or error free. The Portal and all related services are provided “as is” without any implied warranties or representations including without limitation that: (i) the Portal or related services will meet User requirements or will be fit for any intended purpose or as to merchantability, title or non-infringement; (ii) the operation of the Portal will be uninterrupted, secure or error free; or (iii) the data or information maintained on the Portal is accurate and complete and up-to-date. Users who access and use the Portal should have alternative plans in place in the event of system outages, failures or interruptions.

In no event shall FNESC be liable for any damages whatsoever, including special, indirect or consequential damages, to the extent arising directly or indirectly from:

(a) the use or performance of the Portal or any interruption in service or information availability;

(b) Program Data created or uploaded by Users;

(c) the activities, omissions or conduct of Users;

(d) any unauthorized access to or use of Program Data or any User’s personal information caused in whole or in part by the User’s failure to keep their User Account information (eg. password, unique login, etc) confidential or secure; and

(e) any other unauthorized access to, use, destruction or disclosure of a User’s personal information or Program Data, unless caused by FNESC’s intentional wrongful conduct or gross negligence.

12. Other Agreements

Whenever a User identifies a potential conflict between these Terms and other agreements the User may have with their First Nation or School, the User is responsible for promptly notifying the First Nation or School so that they can identify and/or address any potential conflict with FNESC.

13. Choice of Law Jurisdiction

These Terms are governed by and will be construed in accordance with British Columbia laws and the laws of Canada applicable therein, without reference to conflict of law rules. The User agrees that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Portal will be in the British Columbia courts sitting in Vancouver, British Columbia.

14. Contact Information

For any further information, please contact Portal Support at portalsupport@fnesc.ca.

BC First Nations Education Portal Privacy Policy

Effective Date: August 19, 2024

1. Purpose of this Policy

This Portal Privacy Policy (the “Policy”) explains how the First Nations Education Steering Committee (FNESC) collects, uses, discloses and protects personal information in connection with the BC First Nations Education Portal (the “Portal”).

The Portal collects, uses, processes and maintains Program Data, including some personal information, for the delivery of Programs to First Nations and Schools. The use of the Portal may also result in some collection of personal information about Users.

If Users have questions about the collection, use or disclosure of their personal information when they access and use the Portal, they should contact their First Nation or School or they may contact the FNESC Privacy Office at privacy@fnesc.ca.

2. Definitions

This Policy forms part of the Portal Terms of Use (“Terms”) to which it is appended. Capitalized terms in this Policy have the meanings set out in the Terms unless otherwise defined in this Policy.

3. What is the Portal?

The Portal is a website used by FNESC, First Nations and Schools to store, maintain, and access information, including personal information, that is relevant for the administration and delivery of Programs. The Portal holds several Program Portals, in which Users interact in various ways, including but not limited to, application submissions, application reviews, and report submissions.

4. How User Data is Protected

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 the Portal complies with this legislation and all other laws applicable to its 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 on a need-to-know basis and maintaining a privacy officer who supports the oversight of the Portal;

· Physical measures to ensure that the equipment and facilitates used to store, maintain and access data are secure; and

· Digital or electronic measures, such as firewalls and encryption, to ensure that the Portal and all data maintained through the Portal is secure.

5. The Basis on which User Data is Collected

FNESC relies on User consent for the collection, use and disclosure of User Data. By accessing and using the Portal, Users consent 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 First Nation or School and should refrain from using the Portal.

6. How User Data is Collected and Used

FNESC collects personal information about Users. That information is collected and used by FNESC to identify and validate Users, to administer their privileges to access and use the Portal, to maintain security, and send communication about the Portal. This User Data includes, but is not limited to, first name, last name, name of the First Nation or School that the User is affiliated with, email, authentication information, and Portal access history and activity.

When Users browse and use the Portal, FNESC automatically gathers and stores certain connectivity, technical and usage information about the visit for the purposes of administering the Portal, assessing system performance, improving services, and maintaining security. This User Data includes IP address, unique device identifier, device type, internet service provider, hostname, region, and country.

FNESC will not continuously monitor or track User access to the Portal. However, in appropriate cases and where permitted by applicable privacy legislation, a User’s access to the Portal or any User Data or User account may be audited, logged and monitored and personal information may be collected and used for the following purposes:

· investigating incidents, complaints, or allegations if there are reasonable grounds to believe User misconduct has occurred or is occurring, including any violation of law, this Policy, the Rules or the Terms;

· for troubleshooting, monitoring and addressing Portal security and performance; addressing Portal maintenance needs; and evaluating and improving the Portal;

· for managing User transitions; and

· for other purposes where FNESC is authorized or required by law to access or monitor.

If FNESC seeks to collect, use or disclose personal information for purposes other than what is specified in this Policy, affected individuals will be asked for their consent before doing so, unless such collection, use or disclosure without consent is permitted or required under applicable privacy legislation.

7. How User Data is Stored, Maintained and Shared

The User personal information stored on the Portal 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 the Portal, but FNESC expects and requires employees and service providers to keep such information secure and confidential.

8. User Rights

FNESC works hard to ensure that all collection, use and disclosure of User Data through the Portal is fully compliant with personal information protection laws applicable in British Columbia. Under these laws, Users have the right to request access to their User Data stored in the Portal. Users may 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.

9. Changes to this Policy

FNESC reserves the right to make changes to this Privacy Policy at any time. If amendments are made, FNESC will inform Users, and such amendments will be effective once posted on or accessible from the Portal.