BC Regional Information Governance Centre Data Platform Terms of Service

Welcome!

This data platform is built to support the core functions of First Nations governance. Good governance is intimately tied to the power of a government to plan and make decisions rooted in understandings of the current state, needs, and future trends of their people, cultural identity, assets, and territory.

As First Nations, we have experienced first-hand the impacts of colonialism on our data and knowledge systems – including theft, misuse, misrepresentation, and exploitation. Today, much of our data remains in the hands of other governments and institutions, with many barriers to its rightful repatriation and proper use.

We have developed this platform as part of our collective journey as First Nations towards reclaiming our narrative and data sovereignty through empowering self-determination and eliminating barriers to high-quality data collection, storage, analysis and visualization.

This requires that we effectively balance and align:

the recognition of individual First Nations’ rights of data sovereignty;
shared commitments to “leave no one behind” – to ensure that all First Nations have access to necessary digital infrastructure and capacity support;
our interests to carry out collective data-related work to advance systems transformation on matters of shared priority; and,
our needs as First Nations to effectively and efficiently share and coordinate information with one another on intergovernmental matters.

This platform is therefore designed to ensure that data are kept both safe and accessible – it is a set of tools that first and foremost protects the distinct interests and autonomy of rights-holders while also supporting collaboration on projects where shared interests are at stake.

These Terms of Service (“Terms”) are entered into between the First Nations Summit Society, represented by the BC Regional Information Governance Centre (“we,” “us,” or “our”), and the entity or individual agreeing to these Terms (“Administrator”). The Terms govern all your access to and use of the data platform and associated services (collectively, the “Services”).

You must read, understand, and agree to be bound by these Terms, including all policies and terms incorporated by reference, as well as any future amendments. Your access to and use of the Services is expressly conditioned upon acceptance of these Terms without modification. By using the Services, you signify your acceptance of these Terms. If you do not agree to any part of these Terms, you must not access or use the Services.

The Terms become effective when you click to accept them (the “Effective Date”). If you are accepting these Terms on behalf of a Nation or organization, you represent and warrant that:

you have full legal authority to bind the Nation or organization to these Terms;
you have read and understand these Terms; and
you agree, on behalf of the Nation or organization, to these Terms.

1. Accounts

Data and information are crucial to innovation and growth. With this in mind, this platform provides Nations and organizations with broad access to the data and information they need to make informed decisions about their people, cultural identity, assets, and territories. However, we also recognize that First Nations’ data are precious and must be protected from misappropriation and misuse. This requires that we balance access to First Nations’ data with measures that properly allocate possession and control to ensure that our data are not directed in ways that harm our people and interests.

We allocate accounts for the Services (“Accounts”) to participating Nations and organizations. When an Account is created, the Administrator must provide an email address and a password (“Administrative Credentials”) to administer their Account. Using their Administrative Credentials, Administrator can manage access to their Account through a permissions console, which enables them to grant staff and other authorized personnel access to the Services available within the Account. These authorized individuals are referred to as “Users.”

Administrators are fully responsible for ensuring compliance with these Terms on behalf of themselves and any Users accessing the Services through their Account. The Administrator must ensure their Account is accessed only by authorized Users for legitimate, approved purposes. Users act as agents and representatives of the Administrator, and their actions are deemed those of the Administrator.

2. Account Suspension

We take your security seriously. If we have reasonable grounds to believe that an Account has been compromised or is being used by the Administrator or any of their Users in a manner inconsistent with these Terms, we reserve the right to temporarily suspend access to some or all of the Services. This may occur when:

we reasonably believe suspension is needed to protect the Services, our infrastructure supporting the Services, or any other Administrator (or their Users);
there is suspected unauthorized third-party access to the Services;
we reasonably believe that immediate suspension is required to comply with any applicable law; or
the Administrator or any of their Users is in breach of any of these Terms.

We will lift any such suspension when the circumstances giving rise to the suspension have been resolved. We will, unless prohibited by applicable law, notify the Administrator of the basis for the suspension as soon as is reasonably possible. For suspension of Users, we will provide the Administrator the ability to restore User permissions when the circumstances giving rise to the suspension have been resolved.

3. Your Data

For the purposes of these Terms, “First Nations Data” means any information or data, including without limitation documents, text, graphics, images, design, trademarks including logos, audio, video, software, data compilations and any other form of information capable of being stored in a computer: (a) that have been uploaded by a First Nation to the Site; and/or (b) are identified as specific to the citizens or territories of a First Nation.

“Your Data” are data that are uploaded to the Services through your Account. They belong to the Administrator or, if they are First Nations Data, to the First Nation to which they pertain (if these are different entities). While Your Data reside on our Services, we will take reasonable measures to safeguard them, including implementing industry-standard security protocols to prevent unauthorized access, use, or disclosure.

4. Our Data

The term “Content” as used in this Terms of Service includes any tools, documents, text, graphics, images, design, trademarks including logos, audio, video, software, data compilations and any other form of information capable of being stored in a computer, and the selection and arrangement of the foregoing that appears on or forms part of this Site.

The Services (excluding Your Data) and all tools and websites used in their provision are the property of the BC Regional Information Governance Center and/or our various third party providers and distributors and are protected under the intellectual property laws of Canada and other jurisdictions. None of the Content (defined below) included in the Services may be reproduced, republished, distributed, displayed, posted, transmitted, sold, transferred, or modified in any form or by any means, without our express written permission and/or the written permission of our third party providers and distributors.

Any logos used by the BC Regional Information Governance Center, and the Services are either trademarks of the BC Regional Information Governance Center or our third party licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our third party licensors.

We grant you a limited license to use these Services and to view, upload, or download data or information to and from the platform to the extent you have been authorized to do so.

5. Privacy and Confidentiality

We are committed to protecting your privacy and confidentiality. All personal information in our possession is treated in a manner consistent with the requirements of applicable federal and provincial privacy laws. Our Privacy Policy explains how we collect, secure, and use personal information in connection with the Services.

6. Conduct and Responsibilities

Data Sovereignty: Data made available through the Services includes those which have been collected by a third party and which are about First Nations people, cultural identity, assets, and territories. We have repatriated and provided access to these data in order to further First Nations’ rights to exercise sovereignty over their data as part of the inherent right of self-governance, recognizing that these data may come with some limitations, conditions, and compromises from those third parties. By agreeing to these Terms, you agree to interact with First Nations data in a manner that is consistent with the principles and values of Indigenous data sovereignty. This includes, but is not limited to, refraining from any use of the Services which could harm First Nations projects, interests, or people.

Authorized Access: All Users must abide by these Terms. Administrator are responsible for ensuring that only authorized Users, who are designated as data stewards within their Nation or organization, have access to their Accounts. Access must be strictly for legitimate and approved purposes and in alignment with these Terms.

Administrative Credentials: Administrative Credentials must be kept up-to-date and held securely by Administrators. If you require assistance in the management of your Administrative Credentials or Account, please contact the BC First Nations Regional Information Governance Centre.

Account Security: Administrator and their Users must take reasonable measures to maintain the confidentiality and security of their Account. This includes safeguarding Administrative Credentials and User credentials. Recommended security practices include, but are not limited to:

Using strong, unique passwords for Accounts and associated email addresses.
Avoiding password reuse across different services.
Enabling multi-factor authentication (MFA) where available.

To ensure adherence to security standards, we may request information from Administrators about their security arrangements. Failure to provide such information upon request, or maintaining security measures that we deem to be insufficient, may result in remedial actions. This may include the suspension or termination of an Account or the revocation of User permissions, as outlined in Sections 2 and 7 of these Terms.

Reporting Security Incidents: You are required to report any suspected security incidents or breaches. These could include unauthorized access to an Account or use of the Services in breach of these Terms. This will assist us in improving security and mitigating potential damages. Reports should be made promptly to the BC First Nations Regional Information Governance Centre.

Compliance with Laws: You must comply with all relevant laws and regulations when accessing and using the Services. This includes adhering to applicable provincial and federal privacy legislation.

7. Termination

You are free to stop using our Services at any time. To terminate your Account, you may contact the BC First Nations Regional Information Governance Centre, which will process your request within a reasonable period.

We reserve the right to terminate your Account or permanently revoke the permissions of any User if we determine there are reasonable grounds to believe that the Administrator or any User has materially breached these Terms or if their use of the Services poses a significant risk of harm or loss to us, other users, or the integrity of the Services.If a material breach occurs, we will suspend the affected Account and/or temporarily revoke User permissions and notify the Administrator, as outlined in Section 2. Where appropriate, we will provide you with a reasonable opportunity to address the breach. If the breach is not resolved within a reasonable period, we may, at our sole discretion, terminate your Account.

When an Account is terminated for any of the reasons described above, the BC First Nations Regional Information Governance Centre and the Administrator will make collaborative and reasonable efforts to confirm instructions regarding their data uploaded to the Services. Your Data will not be deleted without explicit instructions by an Administrator or senior official of the Nation or organization to whom the data belong.

8. Dispute Resolution and Governing Law

If a dispute arises with respect to any of the matters covered by these Terms, either party to the dispute may notify the other with the details of the dispute and the relief sought. All parties to the dispute must make best efforts to resolve the dispute without recourse to legal proceedings.

Alternative Dispute Resolution (ADR) or other forms of dispute resolution that are rooted in cultural traditions may be requested by either party to the dispute at any point prior to the commencement of legal proceedings and not less than 30 days after the initial notice of the dispute. Consent to such a process will not be unreasonably withheld by either party.

If ADR or other forms of dispute resolution have not been initiated or have concluded without resolving the dispute, then, after a period of 60 days from the date that notice of the dispute was first delivered, either party may initiate formal legal proceedings.

This agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and this Terms of Service. Any legal proceeding will be governed by the laws of British Columbia.

9. Services “As Is”

Your use of the Services is at your sole risk. The Services and the materials therein are provided “as is” and “as available” basis. You acknowledge that you have been advised by us to undertake your own due diligence with respect to these Services. We make no representations or warranties, either express or implied, of any kind with respect to the Services, its operation, Content, information or materials.

We expressly disclaim all representations and warranties, express or implied, of any kind with respect to the Services or their use, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, currency, reliability or suitability of any of the Content or data found on these Services, title and non-infringement, and those arising by statute or otherwise in law or equity, or from a course of dealing or usage of trade. We provide links to other websites that are not under our control. We do this as a convenience and for reference only.

10. Limitation of Liability

You agree that the BC Regional Information Governance Centre, its governors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, access to or use of the services. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages).

This limitation of liability applies to, without limitation, any damages resulting from:

(i) your access to or use of, or inability to access or use the services;
(ii) the conduct or content of any Administrator, User, or
(iii) any content obtained using the services.

In no event shall our aggregate liability (whether in contract, warranty, tort (including negligence), strict liability or other theory) arising out of or relating to your use of the site exceed CAD$20.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

11. Waiver, Severability, and Assignment

The failure by the BC First Nations Regional Information Governance Centre to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. These Terms of Service shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. You may not assign any of your rights under these Terms without our prior written consent, and any unauthorized assignment will be null and void. The BC First Nations Regional Information Governance Centre may assign its rights without restriction.

12. Headings

The headings used in the Terms are included for convenience only and will not limit or otherwise affect these Terms.

13. Entire Agreement

These Terms as well as our Privacy Policy constitute the entire agreement between you and the BC First Nations Regional Information Governance Centre with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

14. Modifications

From time to time, we may make modifications to these Terms to accommodate changes in our Services or the underlying legal or regulatory framework. If you hold an Account with us, we will notify you of any changes to these Terms prior to the effective date of the changes by sending an email to the address associated with your Account.

If you do not agree with any of the changes we make to the Terms, please delete your Account with us prior to the effective date of the updated Terms. If you continue to use our Services after the effective date, you are agreeing to be bound by the updated Terms.