LEGAL

WEBSITE TERMS OF SERVICE

LAST UPDATED: May 21, 2021

Welcome to the website for Ken Sim for Mayor 2022 (“we” or “us”). This Terms of Service document (this “Agreement”) constitutes the entire agreement between you (“you”) and us and set out the terms and conditions that apply to your use of all or any of the materials, content, services and related software (collectively, the “Services”) provided by us through the website located at KenSim.ca or such other website that we may offer from time to time (collectively, the “Website”). By using the Website, you agree to be legally bound by and abide by the terms of this Agreement. Your use of the Website is subject to this Agreement.

1. AMENDMENTS TO THIS AGREEMENT

We reserve the right to amend this Agreement at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will ensure that the latest, fully-amended version of this Agreement is published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If you continue to use the Website after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of this Agreement.

2. SERVICE

We operate the Website and make available the Content (defined in Section 7 below) provided on the Website to provide online access to information about us, our industry and the services and opportunities we provide (collectively, the “Services”).

3. LICENSE

Subject to all of the terms, conditions, restrictions and other provisions of this Agreement, we grant to you a non-exclusive, non-transferable, limited license only to internally use the Services for your non-commercial, personal and informational purposes. All rights not expressly granted to you are reserved by us and, if applicable, our licensors.

4. LAWFUL USE

(Things You Must Do) You will ensure that: (a) you only use the Services for lawful purposes, (b) if at any time you become aware of any violation, by any person or entity, of any part of this Agreement, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

5. PROHIBITED CONDUCT (THINGS YOU MUST NOT DO)

Without limiting the generality of any other restriction in this Agreement, you agree that you will not, in connection with the Services, directly or directly do or permit any of the following: (a) disrupt or threaten the integrity, operation or security of the Website, or any computer or any Internet system; (b) disable or circumvent any access control or related process or procedure established with respect to the Website; or (c) sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal business purposes), any portion of, use of or access to, the Services, except where expressly authorized by us.

6. PROPRIETARY RIGHTS

(a) Content—”Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work. (b) Third-Party Content—Website Content may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Services grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Website as set out in this Agreement. (c) Our Content—Except where expressly stated otherwise, all right, title and interest in and to the Service and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Services (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to the terms of this Agreement, including the disclaimers and limitations of liability herein. Nothing in your use of the Services or this Agreement grants you any right, title or interest in or to Our Content except the limited right to use the Services as set out in this Agreement. Unless otherwise expressly authorized by us in writing, you agree not to: (i) copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content, (ii) distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Our Content, to the maximum extent that such prohibition is permitted by applicable law, (iii) remove any proprietary notices or labels on or in Our Content, or (iv) allow any other person or entity to engage in any of the foregoing. (e) Advertising—We will have the right, without notice, to insert advertising data into the Services, so long as this does not involve our transmission of any of your personal information in contravention of the Privacy Policy. (f) Feedback—All right, title and interest in and to comments, ideas, suggestions and impressions of the Services given by you to us (collectively, the “Feedback”) is and will be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign to us all right, title and interest to such Feedback to us. g) Responsibility for Content—You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any content, information or material received, transmitted or sent by you using the Services. (h) Third-Party Links—Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Website, and will become subject to the terms of use and privacy policy applicable to those links. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party web site, or the information contained therein. We not responsible for the availability of any such web sites, or the content thereon.

7. DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES

(a) YOUR ACKNOWLEDGEMENT—YOU ACKNOWLEDGE AND AGREE THAT: i) ALL USE OF ANY SERVICES PROVIDED BY US IS AT YOUR OWN RISK; AND (ii) ALL PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS (b) DISCLAIMER OF WARRANTIES—WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SERVICES OR ANY OTHER PRODUCTS SUPPLIED UNDER THIS AGREEMENT. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER. (c) NO LIABILITY—NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, AGENTS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, IN THESE CAPITALIZED SECTIONS, “WE”OR “US”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE USE, NON-USE, OR INSTALLATION OF THE SERVICES, THE WEBSITE OR ANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) SENDING, RECEIVING, NOT SENDING, NOT RECEIVING, LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS, DATA, OR TRANSACTIONS ENTERED INTO THROUGH OR USING THE SERVICES; (ii) ANY ACT OR OMISSION OF YOU OR ANY THIRD PARTY, INCLUDING ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS; (iii) THE PERFORMANCE OF THE INTERNET OR THE SERVICES; (iv) THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING ANY SOFTWARE) RELATED TO THIS AGREEMENT OR VIEWED, DOWNLOADED, ACCESSED OR TRANSMITTED USING, OVER OR THROUGH THE INTERNET OR THE SERVICES, INCLUDING MATERIAL WHICH INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS; AND (v) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON- DELIVERY, INCORRECT DELIVERY, VIRUSES, TROJAN HORSES, SPYWARE, SPAM OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH OUR SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES. WITHOUT RESTRICTING THE FOREGOING, IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF US, THE AGGREGATE LIABILITY OF US FOR DAMAGES IS LIMITED TO $100.00. (d) APPLICABILITY—SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THIS AGREEMENT CONSISTENT WITH SUCH PROHIBITIONS.

8. INDEMNITY BY YOU

YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ALL LIABILITIES, ACTIONS, PROCEEDINGS, CLAIMS, CAUSES OF ACTION, DEMANDS, DEBTS, LOSSES, DAMAGES, CHARGES AND COSTS, INCLUDING REASONABLE LEGAL COSTS, ANY AMOUNT PAID TO SETTLE ANY ACTION OR TO SATISFY A JUDGMENT AND EXPENSES OF ANY KIND AND CHARACTER WHATSOEVER INCURRED BY US RELATING TO OR ARISING FROM (A) ACCESS TO OR USE, BY YOU OR PERMITTED BY YOU, OF THE SERVICE, OR (B) ANY OF YOUR ACTS OR OMISSIONS, INCLUDING BREACH OR NON- PERFORMANCE OF THIS AGREEMENT AND ANY VIOLATION OF THIRD PARTY RIGHTS OR APPLICABLE LAWS.

9. INTERPRETATION IN THIS AGREEMENT,

(i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of this Agreement, (ii) the word “including” the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all monetary amounts expressed are in Canadian dollars.

10. WAIVER OF RIGHTS AND REMEDIES

Our failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right.

11. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, without reference to its conflict of laws principles.

12. ENTIRE AGREEMENT, SEVERABILITY

This Agreement, as amended from time to time, constitutes the entire agreement between us and you with respect to the matters referred to in this Agreement. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, it will be deemed struck and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

13. ENGLISH LANGUAGE

The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soinet rédigés en anglais.

Website Terms of Service last updated: May 21, 2021

 

PRIVACY POLICY

The Campaign to Elect Ken Sim for Mayor is committed to respecting your privacy. The purpose of this privacy policy is to explain how we handle personal information to ensure its confidentiality, security and accuracy. Our privacy policy can always be publicly viewed at kensim.ca/privacypolicy

WHAT IS “PERSONAL INFORMATION”?

“Personal information” is information about an identifiable individual. It includes contact information such as your name, address, phone number and financial information.

HOW DO WE OBTAIN YOUR PERSONAL INFORMATION AND WHAT DO WE OBTAIN?

We obtain personal information in a few different ways. Some information is provided to us directly by City of Vancouver. For example, each time a municipal election or byelection is held we receive a List of Electors, which includes the names and addresses of eligible voters. We also collect information from publicly available data sources, and through voter outreach activities, such as door-to-door canvassing and voter contact phone calls.

We also obtain other information that you choose to give us. You may do so in a variety of ways, including: When you visit our website for the purpose of becoming involved with the Party as a Member, volunteer or donor. When you subscribe to our communications. If you register at an event or at a Party convention. If you complete a registration or donation form either electronically or on paper. If you complete any other form on Ken Sim for Mayor website, including online petitions. It is also possible that your information could be provided to us by a volunteer or friend who thinks you would be interested in getting involved with the Campaign to Elect Ken Sim for Mayor. The information we collect may include: Contact and identification information, such as your name, address, telephone numbers, e-mail address and social media contacts. Donation information such as date and amount of your donation. Financial information that we need to process your donation e.g. payment methods and preferences, billing and banking information (e.g. credit card number and expiry date). Information you share about your voting preferences or the issues that matter most to you. HOW DO WE USE AND SHARE PERSONAL INFORMATION? We use your personal information to communicate with you about The Campaign to Elect Ken Sim for Mayor and its activities, as well as to provide you with news and information. We use your financial information to process your contributions. If you have been a contributor in the past, we may contact you again to seek your financial support. We will not, without your consent, use your personal information for any purpose other than as described in this privacy policy, except where permitted or required by applicable legislation. For example, under the Local Government Elections Act and Vancouver Charter, we are required to provide City of Vancouver with our donors’ names, addresses and contribution amounts.

We may engage third party providers to perform tasks on our behalf, such as processing your donation, making phone calls and providing technical services to our website. When information is shared with third parties for these purposes, we include privacy protective clauses in written contracts to help safeguard personal information.

We do not sell personal information under any circumstance.

HOW DO WE PROTECT PERSONAL INFORMATION?

The security of your personal information is important to us. We use physical, electronic and procedural safeguards to prevent unauthorized use, sharing, loss and theft of information. Our security practices are continually evolving to ensure the integrity and confidentiality of our systems and information in our possession. We use up-to-date security safeguards to protect our networks and websites. For example, for information provided online, our website contains security measures in order to protect against the unauthorized disclosure, loss, misuse, or alteration of the information under our control. We also implement measures such as SSL encryption on sensitive information including passwords and credit card information. Our server is located in Canada. Our employees are required to familiarize themselves with the Campaign to Elect Ken Sim for Mayor privacy policy, and must complete online training on the collection and use of personal information and procedures for safeguarding this information. This training educates employees on the type of personal information the Campaign to Elect Ken Sim for Mayor stores, and how it collects and uses personal information. The training also educates employees who have access to personal information on the steps they must take to ensure personal information is not misused. For example, employees must only use the data held by the Campaign to Elect Ken Sim for Mayor for the purpose of communicating with voters on Campaign to Elect Ken Sim for Mayor’s behalf. Employees may only access the Campaign to Elect Ken Sim for Mayor’s database using a unique individual login, and are prohibited from copying or sharing the data.

HOW CAN I UPDATE MY INFORMATION OR UNSUBSCRIBE?

You may update or correct the information in our possession by e-mailing us at support@abetter.city, or by writing to us at the address below.

If you have subscribed to receive information by email, you may unsubscribe by clicking “Unsubscribe” at the bottom of the email message.

WHAT ABOUT ANTI-SPAM LEGISLATION?

Most of the messages sent by the Campaign to Elect Ken Sim for Mayor and its other political entities are exempt from the application of Canada’s anti-spam law which applies to commercial electronic messages sent to electronic addresses. This is because the electronic messages that we send are generally either those soliciting donations, which are specifically exempt under the law, or are messages of a political, not a commercial, character. If we do send any messages to which the law applies and for which there are no exemptions, we will ensure that we have consent to do so, as required by the law, and that any other legal requirements e.g. an unsubscribe mechanism, are met. As a best practice, we have an unsubscribe mechanism for our electronic messages, even where the law does not require us to do so.

DOES THE CAMPAIGN TO ELECT KEN SIM FOR MAYOR LOG IP ADDRESSES?

We log IP addresses, or the location of your computer network on the Internet, for systems administration and troubleshooting purposes. We may also use IP addresses to track which pages people visit in order to improve the quality of our website.

DOES THE CAMPAIGN TO ELECT KEN SIM FOR MAYOR USE COOKIES?

Like many websites, we use cookies which are small text files stored on the user’s browser. We use cookies to, for example, assist with site traffic analysis which includes tracking the time and date of website visits, pages viewed and referring URL’s. There are simple ways to refuse cookies, or accept them each time they are offered. Consult your browser’s help files for assistance on changing cookie settings or removing cookie files.

LINKS TO OTHER WEBSITES

Our website contains links to a limited number of other websites including those for our provincial and territorial boards. The Campaign to Elect Ken Sim for Mayor is not responsible for the content or the privacy policies of these websites.

CONTACT US

If you have any questions about our privacy policy or the personal information in our possession, simply email us at info@KenSim.ca, Attn. Corey Sue, Financial Agent for Ken Sim.

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