CONFIDENTIALITY AND SECURITY – TERMS AND CONDITIONS
The password-protected Depositor Access Website (the “Website”) and all webpages, information, data, and other content available on the Website contains confidential and proprietary information of Resilient Capital TM investees/borrowers (“Investees”) and Vancity.
BY SELECTING “I AGREE,” YOU CONFIRM THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE AND DO NOT SELECT “I AGREE.”
You may print or download a copy of these terms and conditions at any time.
The Vancity Group of Companies
For the purposes of these terms and conditions, the Vancity Group of Companies is comprised of Vancouver City Savings Credit Union, and its past, present and future subsidiaries, affiliates and business partners, including Citizens Bank of Canada, Vancity Insurance Services Ltd., Vancity Investment Management Ltd., Vancity Enterprises Inc., Vancity Capital Corporation, and Vancity Community Foundation (collectively, “Vancity”).
Confidential and Personal Information
For the purposes of these terms and conditions:
“Confidential Information” means information on the Website and/or owned by Vancity, related to Vancity or disclosed to Vancity by third parties, including Investees, that is not generally known to the public. It includes, without limitation, all financial information, legal, corporate, marketing, and any other information, in whatever form or media, specifically identified as confidential by Vancity, or the nature of which is such that it would generally be considered confidential in the industry in which Vancity operates, or which Vancity is obligated to treat as confidential or proprietary; and
“Personal Information” means information on the Website about an identifiable individual who is an Investee or a current or former member, client, customer, employee, consultant, officer, director or volunteer of Vancity.
These terms and conditions will not apply to any Confidential Information which you can establish: (a) is, or becomes, readily available to the public, other than through a breach of the obligations set out in these terms and conditions; or (b) was disclosed, lawfully and not in breach of any contractual or other legal obligation, to you by a third party.
You acknowledge that by having access to the Website, Vancity will allow you access to Confidential Information and/or Personal Information. You further acknowledge that this information is of significant value to, and/or is confidential and proprietary information of, Vancity and/or Investees. You acknowledge that Confidential Information and/or Personal Information is the sole and exclusive property of Vancity or Investees and that you will not acquire any right, title or interest in or to any Confidential Information and/or Personal Information.
Protection of Information
You agree to keep all of the Confidential Information and/or Personal Information in strict confidence. You further agree to protect the Confidential Information and/or Personal Information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal or similar risks. You may not, without the prior written consent of Vancity, directly or indirectly, disclose, allow access to, transmit, transfer or make available to any person, firm, company, consultant, partnership, entity or other party, for any use whatsoever, any Confidential Information and/or Personal Information.
Disclosure Required by Law
Despite the non-disclosure requirements above, to the extent you can establish that you are required by law to disclose any Confidential Information and/or Personal Information, you shall be permitted to do so, provided that notice of the requirement to disclose is first delivered to Vancity in a timely manner, so that Vancity has the opportunity to contest this potential disclosure and/or notify any parties affected by the disclosure.
You agree that you will use the Confidential Information and/or Personal Information only as reasonably required in connection with your Resilient Capital TM term deposit, and you will not use such Confidential Information and/or Personal Information for any other purpose without the prior written consent of Vancity.
Compliance with Privacy Legislation
You may only collect, use, store, disclose and dispose of Personal Information in accordance with the B.C. Personal Information Protection Act, as may be amended from time to time, or any other similar legislation that may be passed in British Columbia.
Return of Information
Upon the expiration or termination of your Resilient Capital TM term deposit, or at any time upon request by Vancity, you agree to immediately return to Vancity or destroy all Confidential Information and/or Personal Information, and all copies thereof, in your possession, charge, control or custody, and you will ensure that any third party to which you have disclosed the Confidential Information and/or Personal Information does the same.
Notification of Breach
You agree to immediately notify Vancity of any actual or threatened breach of any of these terms and conditions or any unauthorized communication, disclosure or use of any of the Confidential Information and/or Personal Information of which you have actual knowledge.
In the event of a breach or unauthorized communication, disclosure or use relating to Personal Information, you:
(a) must also immediately notify the Vancity Group Privacy Office at (604) 877 – 8479; and
(b) must not communicate directly with any Investee or current or former member, client, customer, employee, consultant, officer, director or volunteer of Vancity with respect to the breach or unauthorized communication, disclosure or use.
Cooperation with Request for Access to Personal Information
You agree to cooperate fully with Vancity in the event of any request for access to Personal Information in your custody or control, and you will promptly provide to Vancity access to such Personal Information and any other information pertaining to any disclosures of such Personal Information to external third parties.
You acknowledge that a breach of these terms and conditions will result in irreparable and immediate harm to Vancity and you agree that in the event of such a breach, Vancity will be entitled to equitable relief by way of temporary or permanent injunction and to seek such other relief that any court may deem just and proper.
You acknowledge that neither Vancity or the Vancouver Foundation has made, and these terms and conditions do not contain or constitute: (a) any representation or warranty that the Confidential Information and/or Personal Information does not infringe any third party rights; or (b) any other representation, warranty or guarantee whatsoever by Vancity or the Vancouver Foundation regarding the Confidential Information and/or Personal Information; and you further acknowledge that neither Vancity or the Vancouver Foundation will be held liable for any errors or omissions in the Confidential Information and/or Personal Information or the use or the results of the use of the Confidential Information and/or Personal Information.
You agree that nothing in this Agreement obligates Vancity or the Vancouver Foundation to make any particular disclosure of Confidential Information and/or Personal Information.
You agree to indemnify and hold Vancity and the Vancouver Foundation (and their officers, directors, employees and representatives) harmless from and against any and all claims, suits, losses, damages, costs or expenses, including reasonable attorney fees, incurred or suffered by Vancity or the Vancouver Foundation as a result of you, or (if you are an entity) your officers, directors, employees or consultants, using or disclosing the Confidential Information and/or Personal Information other than in accordance with these terms and conditions, whether this use or disclosure is done negligently or otherwise.
Security of Login Information
Only qualified persons will be permitted access to the Website. You confirm that you are such a qualified person. You are responsible for maintaining the confidentiality of your user name and password (“Login Information”) that Vancity provides you for accessing the Website, and for securing all facilities, products and equipment that might allow access to the Webite. You must not share your Login Information with any third party, and you are solely responsible for any and all activity that takes place under your Login Information. You agree to notify Vancity immediately in the event of the loss or theft of your Login Information or if you believe the confidentiality of your Login Information has been compromised in any way, or in the event you learn about the possible or actual unauthorized use of your Login Information. Vancity reserves the right to revoke your Login Information at any time for any reason without prior notice.
These terms and conditions will be governed by and interpreted in accordance with the laws of the Province of British Columbia.