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Association for Equine Assisted Service providers in BC.

Online Cyber Protection Policies

Online Cyber Protection Policies – website, social media, privacy and spam

British Columbia Therapeutic Riding Association (BCTRA)

The following topics are covered in this document:

  • Anti-Spam Policy
  • Legal Disclaimer
  • Website Terms & Conditions
  • Privacy
  • Social Media
  • The Takedown Notice
  • Copyright Notice
  • Cookies Policy
  • Linking Policy
  • Third Party Licensing Fee

Anti-Spam Policy

What is spam? In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. BCTRA has a zero-tolerance spam policy.

Automated spam filtering BCTRA’s messaging systems automatically scan all incoming email [and other] messages, and filter-out messages that appear to be spam.

Problems with spam filtering: No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by BCTRA’s systems. If you believe this has happened to a message you have sent, please advise the message recipient by another means. You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

User spam: BCTRA provides a facility that enables users to send [email messages / private messages] to others. Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for a commercial purposes. Full terms and conditions concerning the use of the facility are set out in in the privacy policy.

[Receipt of unwanted messages from BCTRA] In the unlikely event that you receive any message from BCTRA or sent using BCTRA’s systems that may be considered to be spam, please contact BCTRA using the details below and the matter will be investigated.

Changes to this anti-spam policy BCTRA may amend this anti-spam policy at any time by publishing a new version on this website.

Legal Disclaimer

Limitation of warranties
The legal information on this website is provided “as is” without any representations or warranties, express or implied. BCTRA makes no representations or warranties in relation to the legal information on this website.

Without prejudice to the generality of the foregoing paragraph, BCTRA does not warrant that:

  • the legal information on this website will be constantly available, or available at all; or
  • the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance
You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

Liability
Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

Website Terms & Conditions

Please Read Before Using this Site
By using this site, you agree to these terms of use stated below. If you do not agree to these terms of use, please do not use the site.

Use of Materials
This site is owned and operated by BCTRA . No material from the site may be copied, reproduced, republished, uploaded, posed, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of BCTRA copyright and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited.

Disclaimer
BCTRA shall not be liable for any damages or injury resulting from your access to, or inability to access, this site, or your reliance on any information provided at this site. without limiting the foregoing, everything on the site is provided to you as is without warrantee of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. BCTRA does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. BCTRA does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not BCTRA ) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Liability
Under no circumstances, including, but not limited to, negligence, shall BCTRA be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if BCTRA or a BCTRA authorized representative has been advised of the possibility of such damages. In no event shall BCTRA have any liability to you for damages, losses and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise, for accessing this site.

Other
All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site, shall be submitted exclusively to the jurisdiction of the Courts of the Province of British Columbia.

BCTRA also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Privacy

This Privacy Policy governs the manner in which BCTRA collects, uses, maintains and discloses information collected from users (each, a User) of the www.bctra.digitalswan.com website (Site). This privacy policy applies to the Site and all products and services offered by BCTRA. We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Our Site may use cookies to enhance User experience. Users web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

BCTRA may collect and use Users personal information for the following purposes:

Information you provide helps us respond to your customer service requests and support needs more efficiently.

We may use feedback you provide to improve our products and services.
We may use the email address to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that websites own terms and policies. BCTRA has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us.

Social Media

This policy provides guidance for the employees, contractors or other parties engaging in social media at BCTRA . Social media activities, which should be broadly understood for purposes of this policy to include blogs, wikis, microblogs, message boards, chat rooms, electronic newsletters, online forums, social networking sites, and other sites and services that permit users to share information with others in a contemporaneous manner.

The following principles apply to professional use of social media on behalf of BCTRA as well as personal use of social media when referencing BCTRA.

  • Employees, contractors or other parties need to know and adhere to the [Company’s Code of Conduct, Employee Handbook, and other company policies] when using social media in reference to BCTRA .
  • Employees should be aware of the effect their actions may have on their images, as well as BCTRA ’s image. The information that employees post or publish may be public information for a long time.
  • Employees should be aware that BCTRA may observe content and information made available by employees through social media. Employees should use their best judgment in posting material that is neither inappropriate nor harmful to BCTRA , its employees, or customers.
  • Although not an exclusive list, some specific examples of prohibited social media conduct include posting commentary, content, or images that are defamatory, pornographic, proprietary, harassing, libelous, or that can create a hostile work environment.
  • Employees are not to publish, post or release any information that is considered confidential or not public. If there are questions about what is considered confidential, employees should check with the Human Resources Department and/or supervisor.
  • Social media networks, blogs and other types of online content sometimes generate press and media attention or legal questions. Employees should refer these inquiries to authorized BCTRA spokespersons.
  • If employees find encounter a situation while using social media that threatens to become antagonistic, employees should disengage from the dialogue in a polite manner and seek the advice of a supervisor.
  • Employees should get appropriate permission before you refer to or post images of current or former employees, members, vendors or suppliers. Additionally, employees should get appropriate permission to use a third party’s copyrights, copyrighted material, trademarks, service marks or other intellectual property.
  • Social media use shouldn’t interfere with employee’s responsibilities at BCTRA . BCTRA ’s computer systems are to be used for business purposes only. When using BCTRA ’s computer systems, use of social media for business purposes is allowed (ex: Facebook, Twitter, BCTRA blogs and LinkedIn), but personal use of social media networks or personal blogging of online content is discouraged and could result in disciplinary action.
  • Subject to applicable law, after‐hours online activity that violates [the Company’s Code of Conduct] or any other company policy may subject an employee to disciplinary action or termination.
  • If employees publish content after‐hours that involves work or subjects associated with BCTRA , a disclaimer should be used, such as this: “The postings on this site are my own and may not represent BCTRA ’s positions, strategies or opinions.”
  • It is highly recommended that employees keep BCTRA related social media accounts separate from personal accounts, if practical.

The Takedown Notice

Copyright Infringement
Copyright holders and their agents can demand removal of allegedly infringing content. To do that, they must provide a complete takedown notice. Under the law, this notice must contain the following elements:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. This notice, which must be filed by the copyright holder or an agent working for them, is sent to the service provider’s DMCA agent, which all service providers must appoint and register with the U.S. Copyright Office. Most DMCA filers, use some form of stock letter to help speed the process along.

Once the notice has been received, the host has to first make sure it is a complete notice and then they are to either remove or disable access to the infringing work. This can be done many ways but is usually handled by simply backing up and deleting the allegedly infringing material. With that done, the host then usually contacts the client involved, who in turn has the opportunity to respond.

Filing Takedown Notice

If you discover that work you hold the copyright in is being infringed and wish to file a DMCA notice. You can take the following steps to do so.

1. Determine if the work is infringing, consult an attorney if necessary
2. Take screenshots or otherwise preserve the infringing site, useful if a dispute should arise later.
3. Obtain a stock DMCA notice template and fill it in with the required information.
4. Using a service such as WhoIsHostingThis or Domain Tools, locate the host of the site where the work is located.
5. Look on the host’s site and attempt to locate the contact information for their DMCA agent.
6. Failing that, see if the host has registered with the U.S. Copyright Office and provided the needed information there.
7. If that fails, send the notice to the host’s abuse team.
8. Wait at least 72 hours and ensure that the work has been removed.
9. If unable to secure removal of work (IE: Not a U.S.-based host or otherwise uncooperative), consider filing a notice with each of the major search engines.

If everything goes according to plan, the work should be removed in a a couple of business days. Some hosts respond very quickly, even within the hour, where others make take a little more time. Be patient with your notices and be on the lookout for the work to be removed as not all hosts will send confirmations via email.

Responding to a Notice

If you are on the other end of a DMCA notice, you need to take certain steps to ensure that your rights are not trampled on or that the process is not abused.
1. Request a fully copy of the notice if it isn’t provided so that you can understand who filed the notice, what works they are claiming to be infringing and the works they say are the originals.
2. Determine if the notice is valid or was sent in mistake. Consult an attorney if necessary.
3. If the notice was in error or malicious, file a counter-notice as promptly as possible, even if you do not wish to have the work restored. Instructions for doing so should be included with the notification of the takedown. If required, you can use a template for responding.
It is important to file a counter-notice if the takedown was sent in error, even if you view the takedown as not being a big deal because hosts are required to ban and delete accounts of repeat infringers. If you receive too many DMCA notices, you may find your entire account disabled, even if the takedown notices were invalid. As such, it is important to file counter-notices to prevent such an action from happening.

Takedowns in Other Countries

The biggest limitation to the DMCA notice and takedown system is that the DMCA is limited to the U.S. and only applies to Web hosts and search engines located within the country.

However, other nations have adopted very similar systems. The European Union, has the European Directive for Electronic Commerce, which offers a very similar procedure (though implementation differs from country to country). Australia is another nation that has a notice and takedown system.

Other nations, such as India, do not have any safe harbor at all, meaning that there is no formal system for demanding removal of work but hosts are generally cooperative due to the threat of a lawsuit. Still other nations, including Canada, have no notice-and-takedown system but also provide complete safe harbor for Web hosts, meaning there is little way to compel Web hosts to remove content short of a court order. When filing a takedown notice with an ISP in another country, it is best to check the laws that exist there and ensure that your notice is compliant with their terms.

Cautions
The DMCA process, whether on the filing or receiving end, should never be taken lightly as missteps could, and often do, have very serious legal implications. If you are unsure about what to do in a specific situation, consult an attorney.

Canada’s “Notice and Notice” mechanism operates with a major distinction. In Canada, when a complaint is filed with an ISP in regards to alleged infringing use of copyrighted material, the mechanism will require the ISP to simply notify the alleged infringer (typically, the ISP’s customer) of the complaint and to retain a record of the notification for 6 months. Where legal proceedings are commenced against the alleged infringer, the ISP must retain its records for 12 months. If the ISP fails to do so, it will lose its “safe harbor” from liability for authorizing infringement.

For Canadian copyright owners, “Notice and Notice” significantly improves their ability to enforce their rights online, particularly against infringers who are difficult to track down. However, by not requiring an ISP to remove allegedly infringing material, it does not go nearly as far as the American legislation. Instead, it functions more as an evidentiary tool, to allow copyright owners to prove that the infringement was deliberate – at least, if it continues after the notice is received. As such, it also provides greater opportunities to recover increased damages for willful infringement

Source: http://www.shiftlaw.ca/index.php/ip-law-toronto-blog/entry/canada-s-new-notice-and-notice-copyright-enforcement-regime

Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by BCTRA [and its licensors].

Copyright license

BCTRA grants to you a worldwide non-exclusive royalty-free revocable license to:

view this website and the material on this website on a computer or mobile device via a web browser;
copy and store this website and the material on this website in your web browser cache memory; and
print pages from this website for your own [personal and non-commercial] use.

BCTRA does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without BCTRA’s prior written permission.

Data mining
The automated and/or systematic collection of data from this website is prohibited.

Permissions
You may request permission to use the copyright materials on this website by writing to contact information found at the end of this document.

Enforcement of copyright
BCTRA takes the protection of its copyright very seriously. If BCTRA discovers that you have used its copyright materials in contravention of the license above, BCTRA may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs. If you become aware of any use of BCTRAs copyright materials that contravenes or may contravene the license above, please report this by email to contact information found at the end of this document.

Infringing material
If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to contact information found at the end of this document.

Cookies Policy

About cookies: This website uses cookies. By using this website and agreeing to this policy, you consent to BCTRA ‘s use of cookies in accordance with the terms of this policy. Cookies are files sent by web servers to web browsers, and stored by the web browsers. The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers. There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

Google cookies
BCTRA uses Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.

BCTRA publishes Google Adsense interest-based advertisements on this website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour across the web using cookies. You can view, delete or add interest categories associated with your browser using Google’s Ads Preference Manager, available at: http://www.google.com/ads/preferences/. You can opt-out of the Adsense partner network cookie at: http://www.google.com/privacy_ads.html. However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.

Refusing cookies: Most browsers allow you to refuse to accept cookies. In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”. Blocking cookies will have a negative impact upon the usability of some websites.

Linking Policy

Status of linking policy:BCTRA welcomes links to this website [made in accordance with the terms of this linking policy. This linking policy is intended to assist you when linking to this website or by using this website you agree to be bound by the terms and conditions of this linking policy.

Links to this website: Links pointing to this website should not be misleading. Appropriate link text should be always be used. From time to time the URL structure of this website may be updated, and unless BCTRA agrees in writing otherwise, all links should point to http://bctra.digitalswan.com/. You must not use the BCTRA logo to link to this website (or otherwise) without BCTRA’s express written permission. You must not link to this website using any inline linking technique. You must not frame the content of this website or use any similar technology in relation to the content of this website.

Links from this website: This website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations. BCTRA has no control over the contents of third party websites, and BCTRA accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Removal of links: You agree that, should BCTRA request the deletion of a link to our website that is within your control, you will delete the link promptly. If you would like BCTRA to remove a link to your website that is included on this website, please contact BCTRA using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

Changes to this linking policy: BCTRA may amend this linking policy at any time by publishing a new version on this website.

Third Party Licensing Fees

Procedures for Licensing Fees
Third Party Material is non-textual in nature – e.g., figures, tables, graphs, photographs, simulations, music or audio/video clips. (Small text quotations borrowed from a third party are placed in quotes and cited.) It is extremely important that you identify the copyright holder and secure permission to use each and every piece of third party content in your paper or presentation that you, yourself, did not create (i.e image, video, mp3 file ect.) You must deliver to BCTRA documentation of the permission you receive. Please do not assume that, since you found it on the Internet, it is freely available to be used – chances are it’s not.

Flickr and Creative Commons images
If you are using third-party content released for use under Creative Commons (CC) licensing, please be aware that there are various kinds of CC licenses; make sure that the licensing details match your intended use of that content. Of particular note are the “NC” or non-commercial licenses; you may not use material made available with an “NC” Creative Commons license unless you receive specific permission from the author of that content. In all CC licenses, attribution to the creator is required at a minimum, not just the URL where the image is found.

Requesting Permission
When requesting permission, make sure you mention the distribution media BCTRA will use, e.g., print, online, and recordable media. If the copyright holder restricts you from use in one of BCTRA intended publication media, you may not include the material. An event’s organizers or a BCTRA representative can help answer specific questions about distribution media or quantities. Be advised that obtaining permission to reuse third-party content may take some time, and you may be asked to pay a licensing fee to the copyright holder; BCTRA does not cover this for you. Even if the owner of the third-party content does not require permission to use their content – you must still identify it as third-party content on BCTRA copyright form, and acknowledge its use, as defined by the owner.

Attribution Requirements
BCTRA requires that you place the ownership attribution of third-party material with the object. If it is a figure or image or model, or similar, you must identify the owner in the caption (example: “Image courtesy David Jones” or “© David Jones”). If the third-party material is some object like a music clip that cannot incorporate an attribution of ownership, then you must identify the owner in your text. (BCTRA requires this identification so that anyone seeking re-use rights will know whom to contact and so that BCTRA will not mistakenly grant any re-use rights to third-party material.) Additionally, the copyright holder may require that a particular acknowledgement be included. If not otherwise stipulated by the copyright holder, this statement of acknowledgement for film or music clips may be placed in the ‘Acknowledgements’ section of your content.

Completing the Copyright Form
The Third-Party Material table in Part III of the BCTRA Copyright/Release Form is used as follows if you have any third-party material in your paper: “BCTRA citation reference” is the place in your paper where each piece of third-party content resides: “Figure 1” for example. “Original Third-party source” is where the third-party content was first published. “Approved By” is the name of the person granting you permission to use this content. “Date Received” is the date on which you received permission to use this content. In addition to completing Part III, you must submit documentation of the permission you’ve received to use each piece of third-party content when you submit your completed copyright form, regardless of the origin of the third-party material.

Please remember: you must provide us with documentation of the copyright owner’s permission that you have received to use each piece of third-party material when you deliver your paper’s copyright form, and you must identify the owner of each piece of third-party material in your paper/presentation itself. For any photograph, figure, graphic image of any kind, the owner must be identified in the caption. BCTRA cannot grant permission for re-use of material on which it does not hold copyright and therefore must be able to identify that owner. If you cannot obtain permission to use a particular piece of third-party material, it must be removed before final submission.

Contact us
Should you have any questions about this linking policy, please contact BCTRA using the details set out below:

BCTRA Admin
admin@bctra.digitalswan.com
PO BOX 675 Armstrong, BC V0E 1B0 CANADA

Copyright Notice
Copyright © 2017, BCTRA British Columbia Therapeutic Riding Association
Last updated on March 20, 2018

Credit
This document was created using a Contractology template available at http://www.freenetlaw.com