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Terms and Conditions of Use

1. Scope and Purpose

These terms and conditions (as amended from time to time, these “Terms”) govern your use of this website and any and all programs, systems, materials and content owned and licensed by the BC Construction Industry Skills Improvement Council, doing business as SkillPlan (referred to herein as “SkillPlan” or “we” or “us”) posted on or available either directly through this website or through other platforms (collectively, “SkillPlan IP”) including, without limitation, online learning courses that are collectively referred to as the “Learning Management System” or “LMS”.  By using the LMS or any other SkillPlan IP, you agree to, accept and will be bound by these Terms. SkillPlan reserves the right to modify these Terms at any time and from time to time.  You are deemed to agree to all such changes made prior to each use of any SkillPlan IP, so you must check for changes each time you propose to use the LMS or any other SkillPlan IP.  You will be notified of such changes by a message in the application. If at any time you do not accept any part of these Terms, then you are prohibited from using the LMS and any other SkillPlan IP.  

2. Rights to Intellectual Property

All work product comprising or featured in the LMS or any other SkillPlan IP is protected by copyright and intellectual property laws and is and will continue to be the exclusive property of SkillPlan. You may only use the SkillPlan IP to the extent expressly licensed in writing by SkillPlan and you may not otherwise use, copy, reverse engineer, reproduce or sublicense the use or reproduction of any SkillPlan IP in whole or in part including, without limitation, by posting any SkillPlan IP on your personal website, blog, social network, or any other online, electronic or printed resource. Subject only to the provisions of SkillPlan’s Privacy Policy set out below, any and all content (including User-Generated Content as defined below) submitted to SkillPlan by any means, including SkillPlan‘s content aggregation systems, becomes the property of SkillPlan upon submission and SkillPlan reserves the right to alter, remove, re-post, re-purpose, distribute, market, or trade any such content. 

3. Our Rights to Remove or Reproduce any User-Generated Content

For the purposes of this condition, the term “User-Generated Content” means any information, material or content in any medium including, without limitation, any text, photograph, graphic, video, audio or any other type of media or content, uploaded, posted, emailed, submitted, or otherwise communicated to SkillPlan via any method. By sharing any User-Generated Content with SkillPlan, you represent and warrant that the User-Generated Content is your own original work, is not defamatory and does not infringe upon any laws of Canada or the United States of America or any other applicable laws, and you hereby grant SkillPlan a perpetual, royalty-free license to use the User-Generated Content in any way we deem fit including, without limitation, the modification, reproduction, repurposing, or deletion of it, subject only to SkillPlan’s Privacy Policy set out below.

4. Content (Quality, Accuracy and Use)

Users who rely on and use any information, materials or content on the LMS or in any other SkillPlan IP or any associated documents or links do so at their own risk. The LMS and all other SkillPlan IP Content are provided “as is”, without any condition, representation or warranty of any kind, either express or implied, including, but not limited to, any statutory or common law condition, representation or warranty of merchantability, durability or fitness for a particular purpose that might otherwise be implied. The LMS will not always be up to date, cannot necessarily be relied upon, is intended solely for training purposes and may not be used as a substitute for professional advice or verified information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found in the LMS without first consulting with a qualified professional. LMS content is not intended to be nor does it constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between SkillPlan and you. As a condition of using the LMS or any other SkillPlan IP, you hereby unconditionally and irrevocably waive and release any and all claims, past, present, and future, that you may have against SkillPlan or any of its directors, officers, employees, contractors or contributors. 

5. Restrictions on Who Can Use the Platform

If you are under 19 or not of full legal capacity, then you are not authorized to use the LMS or any other SkillPlan IP except if an adult parent or guardian has registered for the LMS on your behalf, thereby guaranteeing and taking full responsibility for ensuring you comply with these Terms.  

It is not our attention to collect or use personal information from anyone under 19 years of age, and we will not knowingly do so.  If we are made aware that we have collected any personal information from individuals under the age of 19 and are asked to delete such information from our system, we will promptly do so.  Please contact Lovey Sidhu, Director of Workforce Development, at security@skillplan.ca.

6. Limiting Liability for Links to Other Websites

We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views or content expressed within those sites. We encourage you to read the terms of use and privacy policy of each website that you visit. 

7. The Actions and Opinions of Users

You must not use the LMS or any other SkillPlan IP in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.  You must not alter, remove or obscure any intellectual property notice or any content that you have not originally created. Some content found in the LMS may be created by members of the public. The views expressed are theirs and, unless specifically stated, are not those of SkillPlan. We accept no responsibility for any loss or harm incurred from the use of the LMS or any LMS content or SkillPlan IP.

8. Viruses, Damage and Availability

SkillPlan makes no representation, warranty or claim that functions intended to be available on the LMS will be uninterrupted or error free, that defects will be corrected, nor that the server that hosts the LMS, nor the LMS content itself is or will be free of computer viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient security procedures and virus checks (including anti-virus screening and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from the LMS. You agree to take all reasonable steps to avoid uploading or transmitting any computer virus, bug or malicious code through the LMS.

9. Legal Jurisdiction

The Federal laws of Canada and the Provincial laws of British Columbia shall govern your use of the Platform and you agree to submit to the exclusive jurisdiction of the courts of British Columbia.

10. Waiver of Liability

As a condition of using the LMS or any SkillPlan IP, you waive all potential claims and agree that SkillPlan and its directors, officers, employees, contractors and contributors shall not be liable for any loss or damage arising from or otherwise in connection with your use of any SkillPlan IP including, without limitation, any LMS content, information, function, or service of the LMS or related content feeds, links, emails, letters, documents or other products or correspondence. Though we make a reasonable effort to maintain the LMS Content, it will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate and you agree not to follow any instruction, suggestion, step, list, tutorial, or other LMS Content without first appropriately consulting with a licensed professional.

11. Research

By accepting these Terms, you agree to be contacted by the Social Research and Demonstration Corporation (“SRDC”) about participating in research on the design and implementation of the LMS. SRDC may contact you at the email address you provide for registration to ask you if you are interested in completing surveys and/or participating in interviews or focus groups. More specific information about what your participation would entail (e.g., timing, duration) will be communicated to you in those messages. Your participation is completely voluntary and you are free to refuse participating in research activities. This will not compromise your access to the platform or any other services you receive from SkillPlan. The information you provide in research activities will be stored on SRDC’s secure servers. It will only be accessed by SRDC staff members working on this project and will be destroyed once the project is over. The information you provide in research activities will not be linked to personal identifiers (e.g., your name) but it may be linked to other information, such as your age, or the trade you are most interested in. If you have any questions, please contact Lovey Sidhu, Director of Workforce Development, at info@skillplan.ca.

Privacy Policy

1. Who we are

We are the BC Construction Industry Skills Improvement Council, doing business as SkillPlan (referred to herein as “SkillPlan” or “we” or “us”), a non-profit society governed by the B.C. Societies Act, with an office at 4170 Still Creek Drive, Burnaby, B.C., V5C 6C6.

2. What we collect

We collect information from you in relation to your use of the LMS and other SkillPlan IP, including “Personal Information” as defined in the British Columbia Personal Information Protection Act [SBC 2003] Chapter 63, as may be amended, supplemented or replaced from time to time. 

We collect the following information about you:

  1. Name;
  2. Email Address;
  3. Phone (optional);
  4. City;
  5. Province;
  6. Job Title;
  7. Company(s); and
  8. Image uploads from you. 

We also collect other information you enter when signing up for and participating in the LMS including, without limitation, any assignments, tests, assessments and questionnaires submitted, images and documents uploaded, and any other User-Generated Content that you submit to us.  

We also track your usage when you use the LMS and click through various areas. We may also collect information about the device you are using, including its IP address, the device’s location, the type of operating system it uses and the time the LMS is being used.  

3. Why we collect information and how information is used and disclosed

We collect and use the information described above, including Personal Information, for the following purposes: 

  1. To enable us to provide you with access to and use of the Learning Management System; 
  2. To communicate with you for administrative purposes in relation to the Learning Management System;
  3. To monitor and measure the effectiveness of the Learning Management System;
  4. To develop and improve the LMS and similar programs, products and services; 
  5. To communicate with you about programs, products or services offered by SkillPlan that are similar to the LMS;
  6. On an anonymized aggregate basis, for research, analytical and statistical purposes;
  7. On an anonymized aggregate basis, to promote to others the Learning Management System or other products or services offered by SkillPlan; and 
  8. On an anonymized aggregate basis, for reports on user activity data collected through the LMS for SkillPlan’s own purposes. 

We may also share the information that we collect from you or about you, including Personal Information, with third parties, as follows:

  1. We may share the information with any third party service provider who assists us with the operation or administration of the Learning Management System including, without limitation, Amazon Web Services Inc. (“AWS”), to the extent required for such service provider to perform its responsibilities, which information will be provided on an aggregate basis where reasonably possible; 
  2. We will share the information if necessary: (i) to comply with a legal process, such as a court order, government or law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of a crime (subject to applicable laws); or (iii) to protect the safety of any person;
  3. We may disclose the information (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and the legal rights of other users of the LMS, our service providers or other interested parties; (iii) to enforce our agreements with you; or (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; 
  4. We may transfer the information if we are involved in a merger, sale of SkillPlan or all of its assets, or a restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control of SkillPlan; 
  5. We may share the information with Canada’s Building Trade Unions and its provincial councils and local councils and their respective local affiliated building trade unions and affiliated union employers (collectively, the “Group”) to the extent required for the Group to contact you at the email address you provide for registration to ask you if you are interested in information about the Group or any services offered by the Group; and
  6. We may share the information with the SRDC to the extent required for SRDC’s research on the design and implementation of the LMS in accordance with Section 11 above.

We will not do any of the following: 

  1. provide your Personal Information to any third parties other than the parties expressly mentioned herein; nor
  2. sell or use any Personal Information we have collected from you for any marketing or promotional purposes.

We may send emails to your email address for the purpose of enabling you to sign up for the Learning Management System and to complete your account setup, as well as for the purpose of providing you with access to and use of the LMS, and to promote the LMS and similar products and services to you. You may opt out of receiving all or certain kinds of emails from us at any time by following the unsubscribe instructions in the email received.

4. How information is stored

The Learning Management System is hosted by AWS. Please read the AWS terms of use and privacy policy https://aws.amazon.com/legal/?nc1=f_. Other than passwords, we do not store data in encrypted or hashed format. We use the secure HTTP protocol to transmit data between the LMS and the host servers. 

5. Links to other websites

The Learning Management System contains links to AWS and other websites. We do not control and are not responsible for the content and the privacy practices of AWS and other websites, so we encourage you to read the terms of use and privacy policy of each website that you visit.

6. Risk of harm

Although we take reasonable steps to secure your information, we do not promise, and you should not expect, that your Personal Information will always remain secure, as we cannot fully eliminate the risk of technical failure, security breaches, unauthorized access, unauthorized disclosure, theft, misuse or loss of information. In the event that we are made aware of any security breach, unauthorized access, unauthorized disclosure, theft, misuse or loss of information relating to your personal information in our custody or control, we will notify of such changes by a message in the application as soon as reasonably possible in accordance with our Incident Response Plan Policy.

7. Contact us

If you would like to review, update or correct your Personal Information, submit a comment, question or complaint about our Privacy Policy, or have your Personal Information removed from the LMS databases, please contact Lovey Sidhu, Director of Workforce Development, at security@skillplan.ca and we will use reasonable efforts to comply with your request, provided that would not frustrate the performance of a legal obligation.  Keep in mind, however, that even after removal there will be residual information that will remain within the LMS databases, including access logs and other records which may or may not contain Personal Information.  Any Personal Information in such residual information will not be used for commercial purposes, but we may from time to time contact former LMS users.

Start Learning for Free

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