Legal (Terms and Conditions Of Use)
Please read these terms and conditions of use carefully before using the “Kootenay Rockies Tourism”, “KootenayRockies.com” or any related website (collectively, “website”) provided by Kootenay Rockies Tourism. (“Kootenay Rockies Tourism”, “we”, “us” or “our”). By continuing to use the website, you, the person accessing the website and any other person or entity you represent (collectively, “you” or “your”), agree to comply with and be bound by all of the terms and conditions set out below. We reserve the right, at our sole discretion, to modify these terms and conditions at any time without notice, and such modifications shall be effective immediately upon posting of the modified terms and conditions. From time to time you may be presented with, and you must agree to, additional terms and conditions in respect of certain service offerings available on the website (e.g. the Kootenay Rockies Tourism “Blogs” page or contests). You agree to review all applicable terms and conditions periodically (and we recommend that you review them each time you access the website) to be aware of such modifications and your continued use of the website shall be deemed to be your conclusive acceptance of the terms and conditions as modified from time to time.
Content and Revisions
While Kootenay Rockies Tourism uses reasonable efforts to ensure all information on the website is accurate and current, such accuracy and currency cannot be guaranteed and your reliance thereon is at your own risk. All content is subject to change without notice.
No Warranty Or Representation
Nothing on this website shall add to or change any contract for products or services you may have with Kootenay Rockies Tourism, its partners, suppliers or affiliates. Neither Kootenay Rockies Tourism, its employees, agents and other representatives, nor any other party involved in creating, providing or delivering the information on this website is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever, arising out of or in connection with your access to or use of this website including, but not limited to, business interruption and loss of use, data, information or profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act). This limitation applies even if Kootenay Rockies Tourism has been advised of, or foresees, the possibility of any damages occurring. Without limiting the foregoing, everything on this website is provided to you “as is” without representation, warranty or condition of any kind, either express, implied, or statutory including, but not limited to, implied representations, warranties or conditions of merchantability, fitness for a particular purpose, durability, title, non-infringement of intellectual property rights, or inter-operability of products and services.
Use Of Information
You agree not to use any information on this website or linked to this website in any claims, proceedings, suits or actions against Kootenay Rockies Tourism, its employees, agents, representatives, partners, suppliers or affiliates.
Links To Other Sites/No Endorsement
Throughout this website, for your convenience and reference only, Kootenay Rockies Tourism provides links to or embeds information from other third party websites, including in relation to air carriers, accommodation, restaurants and other tourism related businesses, facilities and events. These websites are independent from Kootenay Rockies Tourism and Kootenay Rockies Tourism does not endorse, recommend, control or make any representations, warranties or conditions concerning their contents or links or any such businesses, facilities or events themselves.
It is your responsibility to verify any information contained within linked websites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Linked websites are likely to have their own terms and conditions that you should locate and review and any personal information collected from you at such websites is collected solely by that website provider in accordance with their own privacy policies.
For example, Kootenay Rockies Tourism uses a third-party service, Google Maps, for locator maps. See the Google Maps Terms and Conditions that apply to your use of embedded Google Maps information.
The materials and information provided on the website are owned or used under license by Kootenay Rockies Tourism (unless otherwise noted), and protected by domestic and international copyright and other laws. It may not be reproduced or redistributed without the prior written permission of Kootenay Rockies Tourism or other owner(s).
“Super, Natural British Columbia”, “Super, Natural”, “HelloBC”, “KootenayRockies”, “Kootenay Rockies Tourism”, “Visitor Centre” and all other marks appearing on the website are trademarks and/or Official Marks of Kootenay Rockies Tourism or are used and reproduced with permission. All such marks may not be used or reproduced without the prior written permission of Kootenay Rockies Tourism or other owner(s).
You hereby authorize Kootenay Rockies Tourism to collect and retain all relevant information relating to your access to and use of this website. You further authorize any third party service provider acting on Kootenay Rockies Tourism’s behalf to provide Kootenay Rockies Tourism with such information, and Kootenay Rockies Tourism’s indirect collection of any of your personal information from our service providers. This consent is effective on and after the date of information collection and does not expire.
You must not input or upload any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage or interfere with the performance or function of the website. Kootenay Rockies Tourism assumes no responsibility or liability for any damages to, or viruses that may infect, your computer equipment or other property in connection with your access to or use of the website or your downloading of any data, text, images, files or other materials from the website.
You agree to defend, indemnify and hold Kootenay Rockies Tourism, its employees, agents and other representatives harmless from any and all liabilities, costs and expenses, including reasonable legal fees, arising from any violation of these terms and conditions by you, or in connection with your access to or use of the website.
Kootenay Rockies Tourism’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or rights contained in these terms and conditions.
The provincial laws of British Columbia and the federal laws of Canada that apply in British Columbia shall govern these terms and conditions. You agree to be bound by the laws of these jurisdictions and all disputes relating to or in any way arising under these terms and conditions will be finally settled in, and the parties hereby attorn to the exclusive jurisdiction of, the Supreme Court of British Columbia sitting in the City of Victoria, British Columbia.
Kootenay Rockies Tourism offers a selection of websites, including international websites, designed to help people find information about travel and vacation experiences in British Columbia and participate in a variety of tourism-related services.
We at Kootenay Rockies Tourism are committed to protecting the privacy of everyone who uses our services. Any personal information provided to us through the website is collected, used and disclosed in accordance with the British Columbia Freedom of Information and Protection of Privacy Act (“FOIPPA”).
What is considered Personal Information under FOIPPA?
Under FOIPPA, personal information means recorded information about an identifiable individual, which includes name, address, phone number, e-mail address and credit card information. However, information that enables a person to be contacted at a place of business is not included in this definition.
When Kootenay Rockies Tourism collects personal information, we identify the:
- purpose for collecting the personal information,
- legal authority for collecting it, and
- title, business phone number, business address and, in some cases, e-mail address of an employee who can answer questions you may have about the collection of information.
What Personal Information We Collect and How We Use It
When someone visits the website, our web server automatically collects a limited amount of standard information essential to the operation, security and evaluation of the website. This information helps us to make our website more useful to visitors and includes the:
- Internet domain and Internet Protocol (IP) address from computers that access our website,
- type of browser and operating system used to access our website,
- date and time our website is accessed,
- pages visited,
- address of any websites linked to, and
- content downloaded from our website.
While some of this information does not identify who people are, other information (e.g. Internet domain names or the IP addresses of Internet service providers) may provide identification. The extent of personal identification depends on the naming standards followed by the Internet service provider. You may wish to check with your provider to inquire about their policies and practices in this regard. Kootenay Rockies Tourism does not use this information to identify individuals who visit our website unless required to do so as part of an internal investigation or other law enforcement purpose.
Any personal information that we consider to be necessary for providing services offered by us and that is collected via our website (e.g. web forms), is done in accordance with FOIPPA. There is always an option of whether or not to provide us with personal information. Your decision not to participate in electronic service delivery activities will not impair your ability to browse our website. However, it may limit the use of certain website features.
The personal information provided to us is used for the purpose for which it was collected or for a use consistent with that purpose. For example, personal information may be used to: send information about British Columbia that we believe will be of interest (based on a confidential personal profile); contact you about upcoming vacation opportunities; respond to inquiries; provide requested materials; obtain feedback on vacation experiences; or assist with the use of our website. Wherever possible, we seek your explicit consent before these activities occur. At any time, you may request that we stop communicating with you by either updating your user profile or contacting us directly.
Storage, Access and Disclosure of Your Personal Information
Kootenay Rockies Tourism and our service providers (for support reasons), may store or access your personal information outside of Canada. In certain circumstances, we may need to disclose your personal information to our service providers in order to facilitate the operation of our website, database, e-mail marketing software or for processing payment transactions. In some cases, these service providers may reside outside of Canada. Before any personal information is disclosed to a third party, that third party must contractually agree to collect, use, store, access and protect the personal information in a manner that is consistent with our privacy policies and in compliance with FOIPPA.
Security of Your Information
Under FOIPPA, Kootenay Rockies Tourism is obligated to protect personal information by making reasonable security arrangements against risks of unauthorized access, collection, use, disclosure or disposal.
Security measures, such as the use of FTP secure sites and SSL encryption, have been integrated into the design, implementation and day-to-day operating practices as part our commitment to protect the information we hold. Any personal information submitted on the website is secure once it reaches the Kootenay Rockies Tourism server. In transit between a computer and the server, all information is secured using SSL encryption, which the web browser typically denotes using a lock icon.
Links to Other Websites
Kootenay Rockies Tourism occasionally runs a variety of contests on the website that our online visitors can optionally enter. We use online contest entry forms to collect personal information deemed necessary for your participation in a contest. While certain information is mandatory for participation, most information is optional. Contest entry forms differentiate between the two so that you are aware of what information is needed, and what information you need not provide in order to participate. As part of the contest entry process, we may provide an opportunity for you to give Kootenay Rockies Tourism permission to contact you in the future. Giving your permission for future contact is completely optional, and does not impact your ability to participate in a contest.
When you provide us with your personal information to enter a contest, we retain and use it in accordance with FOIPPA. Your information is only used for the purpose for which it was collected (e.g. to support your participation in a contest), or for a use consistent with that purpose (e.g. to allow us to conduct tourism-related research or surveys, or provide you with information on other contests or tourism opportunities with your consent). Our objective is to measure the success of our tourism marketing campaigns, and help us understand the characteristics and travel preferences of our consumers in order to serve them to the best of our ability.
We work closely with our Information Technology team to ensure the contest entry data we receive is securely stored and may only be accessed by authorized staff and approved contest service providers. Any service provider that we engage for a given contest must comply with its legal requirements under FOIPPA and applicable policy for protecting personal information in order to do business with us. Effectively safeguarding all personal information in our custody is of paramount importance to Kootenay Rockies Tourism.
We may allow our service provider to place cookies on your devices and collect the IP address of your devices, which provides our service provider with your general location data. Our service provider may use this data to serve you with advertisements, on our website or elsewhere online, and to report to us on an aggregated basis on the effectiveness of our advertisements at inspiring tourists to travel to British Columbia and provide us with statistics on visitors to British Columbia (for instance, where they are coming from). In order to do so, our service provider may combine your IP address with other information that our service provider has obtained from other sources, as permitted by law.
If you wish to opt out of third party cookies that allow us to serve you with advertisements and collect aggregate information on your Website viewing behaviour, click here to get information on how to customize your Web browser’s cookie settings.
How Long Information Is Retained
The length of information retention varies in relation to the nature of the service provided. We keep information for the length of time necessary to fulfil the purpose(s) for which it was collected or as otherwise required by law. Kootenay Rockies Tourism manages the information it collects in accordance with government records retention schedules and other legislative and policy requirements.
Where Can I Find Information on British Columbia’s Freedom of Information and Protection of Privacy Act?
For information relating to British Columbia’s Freedom of Information and Protection of Privacy Act, please refer to the Government of British Columbia website at: gov.bc.ca/citz/iao/