TERMS OF USE AND PRIVACY AGREEMENT
- PLEASE READ THIS TERMS OF USE AND PRIVACY AGREEMENT (“USER AGREEMENT”) CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIABILITY LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. USE THIS WEBSITE AT YOUR OWN RISK.
- The International Union of Operating Engineers 115 (“IUOE115“) website located at iuoe115.ca (the “Website“) is operated by IUOE115. IUOE115 is a non-commercial or non-business entity that is an association of trade workers organized and operated for a collective, public, and social good, including to support the rights and interests of IUOE115 members, potential members, supporters, and the labour movement as a whole. This agreement is between you the Website user (“User“) and IUOE115 (collectively the “Parties“). Additionally, the terms of this User Agreement apply equally, as appropriate, to your use of IUOE115’s presence or pages on social media platforms or websites. However, to be clear, this is not the user agreement between you and these other social media platforms or websites, and you should also refer to these other social media platforms or websites to learn their terms of use.
- By using the Website, you agree to follow the rules set forth herein. From time to time we may revise this User Agreement, so be sure to check the Website occasionally. If we do make material changes, we will post a notice on our homepage that the User Agreement has been modified and provide a link to the revised User Agreement. When you continue to use the Website after the User Agreement is revised, it means that you agree to the terms as described in the revised User Agreement. It is your responsibility as a User to ensure that you are aware of the changes made from time to time whether they have been highlighted and brought to your attention or not. If you have any questions about this or any other sections of the User Agreement, please email us at iuoe@iuoe115.ca.
Registration and Opt-Out - The Website offers a variety of services, including but not limited to providing updates and communications to Users via email and SMS messaging services and MMS messaging services with respect to IUOE115. When a User registers for these updates and communications through the Website, you agree to provide accurate, current, and complete information with respect to the information you choose to provide. A User may, at any time, opt-out of receiving updates from IUOE115 by providing a request via email at iuoe@iuoe115.ca, by phone at 1-888-486-3115, or by following the instructions as set out in the email or text message received. IUOE115 will provide as often as reasonable and practicable opportunities to opt out or unsubscribe from communications. Because IUOE115 provides communications in multiple forms and on multiple topics, and Users and membership may want to opt out or unsubscribe from some forms of communication and not others, or opt out or unsubscribe from some topics but not others, requests to opt out or unsubscribe will be handled as quickly and accurately as possible, but such efforts may not be implemented perfectly in every situation. If your request to opt out or unsubscribe has not been handled correctly, please email IUOE115 at iuoe@iuoe115.ca and IUOE115 will make all efforts to address your request in a timely manner. For consistency of services as IUOE115 moves into the digital age, and based on the history of communications to its members, IUOE115 has assumed its members – by having memberships – wish to receive and have consented to or opted into IUOE115 communications. Regardless, member requests to opt out or unsubscribe will be handled equally to all other opt out or unsubscribe requests.
Intellectual Property Rights and Ownership - Except where otherwise indicated, the IUOE115 owns or licenses the copyright in all the materials on the Website, including text, graphics, logos, button icons, audio clips, video clips, photographs, and software, and those rights are protected by domestic and international copyright laws and other intellectual property laws (“IUOE115 Content“). You understand and agree that the Website and the IUOE115 Content are owned by IUOE115, its affiliates, its licensors, its successors and assigns, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights, and that you have no right, title or interest to the Website or any of the IUOE 115 Content (except for the limited permissions expressly provided in this document).
- To the extent your use of material on the Website does not constitute “fair dealing” as described here for which you do not need the IUOE115’s permission, the following rules apply to use of the material:
- Automatically Permitted Distribution: Unless the specific web page from which IUOE115 text material is available indicates you may not do so, you may copy or distribute text materials that appear on the Website, in print or digital format, subject to three limitations:
- You may not use the materials for any commercial purpose, including any purpose connected with the sale of goods or services;
- You may not make editorial changes to material you attribute to us; and
- You may not excerpt, juxtapose, or present attributed material in any way that is misleading as to our original editorial intent, or as to your relationship with us.
- You may also copy or distribute IUOE115 Content that is not IUOE115 text materials if and only to the extent that the specific launching page from which that IUOE115 Content is accessible, and/or the IUOE115 Content itself, explicitly indicates that the IUOE115 Content may be distributed in a specified manner, subject to the same three limitations stated above.
- All distributed copies must display the following copyright notice: “Copyright 2023 – originally posted by the IUOE115 at www.iuoe115.ca“.
Distribution Requiring Advance Written Permission
- Automatically Permitted Distribution: Unless the specific web page from which IUOE115 text material is available indicates you may not do so, you may copy or distribute text materials that appear on the Website, in print or digital format, subject to three limitations:
- You must obtain written permission in advance if you wish to reproduce IUOE115 Content in any manner not listed in the previous paragraph (“IUOE115 Permission Required Content“). You can request this permission by sending us an email at iuoe@iuoe115.ca that contains the information listed below:
- a complete description of the IUOE115 Permission Required Content requested, such as the URL of the web page that contains the IUOE115 Permission Required Content, a description of the sections or paragraphs that will be distributed, and, where applicable, the title and date of the IUOE115 Permission Required Content;
- a description of the intended audience;
- a description of the manner of distribution;
- to any extent applicable, the length, retail price, and approximate size of first printing or circulation that will include the IUOE115 Permission Required Content;
- a description of the geographic scope of the distribution and the length of time for which rights are being requested (please note that the IUOE115 grants only non- exclusive rights); and
- a reply email address and a phone number.
- IUOE115 reserves the right to deny any requested use of IUOE115 Permission Required Content for any reason.
Licensed Material of Others - As noted above, IUOE115 licenses some copyrighted material of others, which may affect our ability to provide you redistribution permission.
Trademarks (Including Logos) - Logos, images, slogans, and anything marked “TM” on the Website is trademarked, either through a statutory registration or under the common law. These are trademarks of the IUOE115 (“IUOE115 Trademarks“) unless it is explicitly stated on the Website where a trademark appears that the trademark is the trademark of a third party (or it is obvious from the context that it is the trademark of a third party; e.g., where we include on the Website the name or logo of a coalition partner) (“Third-Party Trademarks”). To the extent your use of IUOE115 Trademarks does not constitute “fair use” for which you do not need our permission, the following rules apply to use of the material:
- You may not use IUOE115 Trademarks for any product or service that does not belong to the IUOE115, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of, or endorser of any product or service. In addition, you may not use the IUOE115 Trademarks in any manner that illegally disparages or discredits us.
- Your ability to use a Third-Party Trademark that appears on the Website is limited to the manner, if any, in which the Website explicitly states on the page on which such Third-Party Trademark appears that such use in such manner is authorized by the third-party owner of that Third-Party Trademark (unless your use is permissible under the law, for example as an appropriate reference to the third-party and not for commercial gain, or the owner of such Third-Party Trademark has specifically granted you the right to such use in such manner).
Information You Post to the Website or Social Media Pages
- To the extent you voluntarily post material to the Website or IUOE115’s social media pages, you automatically grant to IUOE115 an irrevocable, perpetual worldwide license to use and display such material on the Website or anywhere else, except to the extent we have indicated otherwise on the portion of the Website that permits you to post such information. Additionally, unless otherwise explicitly agreed upon in writing by you and IUOE115, by posting any material to the Website for display on the Website, you are representing, warranting, and covenanting to the IUOE115 that those materials are original to you or you have obtained permissions, releases, rights, or licenses, if any are required (including where use of that material does not constitute “fair use”), that you assume full responsibility for the posting of such material vis-à-vis third parties, including but not limited to making any payments to third parties with respect to displaying such third party material.
Disclaimers and Limitation of Liability – Breached of Website Security - ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, MALWARE, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE WEBSITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE WEBSITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Disclaimers and Limitation of Liability – Errors, Etc. - WE ARE NOT LIABLE FOR ANY CLAIM, LOSS, OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, OR OTHER INACCURACIES IN THE WEBSITE, NOR FOR ANY CLAIM, LOSS. OR INJURY THAT RESULTS FROM YOUR USE OF THE WEBSITE OR YOUR BREACH OF ANY PROVISION OF THIS USER AGREEMENT.
Termination - We reserve the right to terminate the Website and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimers and Limitation of Liability, Information You Post to the Website, and Governing Law sections of this User Agreement survive any such termination.
Lawful Purposes Only - While using the Website or the services provided on it (the “Services“) you agree to comply with all applicable laws, rules and regulations, including without limitation any laws governing the transmission of commercial electronic messages or similar. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services provided on it. You may not interfere with the security of, or otherwise abuse this Website, the Services or any system resources, services or networks connected to or accessible through this Website or the Services. You may only use this Website and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of IUOE115’s computer systems or perform functions that you are not authorized to perform.
- You may not, without IUOE115’s written permission, “mirror” any contents contained in the Website or any other server. You may not use the Website for any purpose that is unlawful or prohibited by this User Agreement. You may not use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means. IUOE115 reserves the right, in its sole discretion, to terminate a User’s access to the Website, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Code of Conduct - You agree not to post anything on the Website or IUOE115’s social media pages that is:
- is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
- is bigoted, hateful, or racially or otherwise offensive;
- is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
- is misleading, untruthful or inaccurate;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including without limitation a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; or
- infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) rights of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) personality or publicity; or (iii) any confidentiality obligation.
You acknowledge that IUOE115 may remove, delete or edit any post, information or content provided by you for any reason whatsoever, including non-compliance with the foregoing. Notwithstanding the foregoing, you also acknowledge that IUOE115 does not commit to reviewing, moderating, or monitoring content submitted by Users.
Communications with Users
- IUOE115 has over 12,000 members who work in many industries. We are dam builders, crane and heavy equipment operators, road builders, aerial firefighters and mechanics. Our slogan, “rise above” refers to our members who work in high-altitude, high-risk environments as well as our approach to protection, compensation and empowerment of workers. Beyond the great work our members do in the field, IUOE115 has a long history of advocating for workers’ rights by challenging unfair labour practices and promoting fair wages and fair treatment for IUOE115 members and working people across BC. Over many years, IUOE115 and our sister building trades unions have helped to shape the laws that govern employment standards, safety and training.
- A primary purpose of the Website is to provide communications to IUOE115 membership and Users, which Users are required to sign-up to receive. Part of this sign-up process will involve the collection of whatever personal information a User chooses to submit on the Website or to a member of IUOE155 who will input the information on the Website on a User’s behalf (the “Sign-Up Information“). IUOE115 provides communications to Users and IUOE115 membership via email, SMS messaging services and MMS messaging services covering various topics including:
- Union Communications: Communications required pursuant to the IUOE115 charter and other constating and governance documentsincluding, but not limited to, annual IUOE115 updates, membership communications, leadership updates, financial disclosure, fees and dues, etc.;
- Political Communications: Historically, labour unions have taken an active role in consulting governments and promoting political candidates that align with the goals and objectives of the labour unions. In furtherance of the goals of labour unions, IUOE115 will provide literature and information with respect to political candidates it believes are aligned with or supportive of the organized labour movement. From time to time, IUOE115 will provide avenues through which the recipient of political communications can donate to or support certain political candidates or political parties. IUOE115 does not collect, keep or use these funds, rather IUOE115 simply provides information with respect to where donations can be made;
- Emergency Communications: In the event of an emergency, IUOE115 may provide updates including, when possible, information with respect to available financial support to those in geographical areas impacted by the emergency;
- Training Opportunities: IUOE115 provides information with respect to training programs offered through IUOE115 and other third-parties;
- Employment Opportunity Information: IUOE115 from time to time shares information with respect to employment opportunities it has become aware of with third-party employers – this is a service we historically provide our membership and IUOE115 is not a formal or commercial recruitment or job placement company and does not receive any monetary or other gain for sharing this information;
- Contests: In the event the Website is used to provide communications with respect to a contest, the IUOE115 will provide adequate and fair disclosure of the contest particulars in compliance with the Canadian Competition Act and associated guidelines found here. This adequate and fair disclosure includes, but is not limited to the following:
- Written rules of the contest;
- No-purchase form of entry with accompanying skill testing question;
- Registration with the province of Quebec (as applicable); and
- Description with respect to the contest contestants’ personal information for marketing purposes as required under Canadian privacy laws.
Privacy and Data
- Union Communications: Communications required pursuant to the IUOE115 charter and other constating and governance documentsincluding, but not limited to, annual IUOE115 updates, membership communications, leadership updates, financial disclosure, fees and dues, etc.;
- IUOE115 may appear to host the Sign-Up Information, but in fact it is stored by a third-party Customer Relationship Management (“CRM“) provider, which is hosted and controlled by Action Network, a United States-based organization. Action Network collects, maintains, uses, and stores the Sign-Up Information. IUOE115 does not collect, maintain, uses, or stores the Sign-Up Information, outside of select instances outlined below, and makes no representations about such collection, maintenance, or use by Action Network.
- For more information about Action Network and their policies and user agreements, you should visit their website at actionnetwork.org. You should also carefully review the agreement and policy information provided to you by Action Network when you submit any personal information, as these agreements are separate from this User Agreement. In addition to the contact information provided by Action Network, if you have any specific comments or questions about the collection, maintenance, or use of the Training Information, please email or call Action Network at support@actionnetwork.org. If you have any difficulty contacting Action Network, or getting adequate answers to your inquiries, please email IUOE115 at iuoe@iuoe115.ca and IUOE115 will make reasonable efforts to provide assistance.
- Cookies are small pieces of information stored by your browser on your device’s hard drive. As indicated by the “Manage Cookie Consent” notification seen when you first visit the Website, the Website uses cookies to improve the User experience while Users navigate through the Website. IUOE115 uses cookies to allow IUOE115 to track which pages are viewed on the Website, to determine how frequently particular pages are visited, to determine the most popular areas of the Website and generally to monitor usage of the Website. We also use cookies to save a record of access to Courses, so IUOE115 can remind you to complete courses, and to ‘bookmark’ positions on the Site. You may disable cookies through your browser settings or by not accepting the “Manage Cookie Consent” notification. Some cookies are described as necessary, and cannot be disabled, as they are required for the basic functioning of the Website. Disabling the remaining cookies may adversely affect certain Website features and functions. For more information about our use of cookies, for guidance on how to disable them, or if you do not wish to use the website and would like to request certain website content be emailed or mailed to you, please contact us at iuoe@iuoe115.ca or 1-888-486-3115.
- IUOE115 and the Website also utilizes third-party cookies. With consent from the User, cookies are stored in the User’s browser until deleted by the User. Users are also able to opt-out of all or select third-party cookies upon entering the Website. At any time, a User may update their third-party cook preferences. For additional information with respect to third-party cookies, you should also carefully review the agreement and policy information with respect to third-party cookies at https://actionnetwork.org/privacy/ and https://actionnetwork.org/terms/ and https://actionnetwork.org/cookies/, as these agreements are separate from this User Agreement. In addition to the contact information provided by Action Network if you have any specific comments or questions about the collection, maintenance, or use of the third-party cookies, please email support@actionnetwork.org. If you have any difficulty contacting support@actionnetwork.org, or getting adequate answers to your inquiries, please email us at iuoe@iuoe115.ca and IUOE115 will make reasonable efforts to provide assistance.
Select Instances of Sharing and Using Information - It is your decision how much and what personal information you post or share with IUOE115 or submit on or through the Website, including for Services hosted and controlled by Action Network.
- IUOE115 will also use the personal information to provide communications to Users covering topics included in the “Communications to Users” section (above), via email, SMS messaging services and MMS messaging services.
- From time to time IUOE115 may wish to share, disclose, and otherwise use comments, stories, and testimonials (“Comments“) that you or other users submit to the website or IUOE115’s social media pages. If you submit Comments and do not explicitly state that you wish the Comments to remain private or anonymous, you consent that IUOE115 may share, disclose, and otherwise use your Comments, including in connection with your name. IUOE115 represents that it will not share, disclose, and otherwise use your comments alongside any sensitive personal information, namely, your phone, email, or mailing address, without express consent.
Governing Law - Any and all matters of dispute between the Parties, whether arising from this User Agreement, or arising from alleged extra contractual matters occurring prior to, during or subsequent to this User Agreement, including, without limitation, fraud, misrepresentation, negligence or any other alleged tort or violation of the User Agreement shall be governed by, and construed in accordance with, the laws of the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to the conflicts of laws principles of any jurisdiction. The Parties agree to resolve the aforementioned disputes, and any dispute, through the British Columbia Civil Resolution Tribunal or the British Columbia small claims court. Each party waives any objection to venue or inconvenience of the forum in any such tribunal or court.
Entire Agreement - The User Agreement constitutes the sole and entire agreement between you and IUOE115 regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Force Majeure - Neither party shall be considered in default in the performance under this User Agreement to the extent that the performance of such obligation is prevented or delayed by a fire, flood, explosion, strike, war, insurrection, embargo, government requirement, act of civil or military authority, act of God, or any similar event, occurrence or condition which is not caused, in whole or in part, by that party, and which is beyond the reasonable control of that party.
Cumulative and Equitable Remedies - Rights and remedies under this User Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise. You understand and agree that irreparable damage may occur if you do not perform any provision in this agreement in accordance with the terms hereof and that IUOE115 is entitled to seek equitable relief, including injunctive relief or specific performance of the terms in these Terms and Conditions, in addition to any other remedy to which IUOE115 is entitled at law or in equity.
Headings - The headings in these Terms and Conditions are inserted for convenience or for reference only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these Terms and Conditions or any provision herein.
Waiver - No waiver under this User Agreement is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this agreement operates, or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Severability - If any provision of this User Agreement is held to be invalid or unenforceable, in whole or in part, then the remaining portions shall remain in full force and effect.
Last Updated - These Terms of Use were last updated on July 22, 2023.
USE THE WEBSITE AT YOUR OWN RISK.
