CHEK
Terms of Use and Privacy Policy

TERMS OF USE

Acceptance of Terms Through Use

By utilizing any of the digital services of 859291 B.C. Ltd. (and its subsidiaries, affiliates and related companies (collectively referred to as “CHEK”, “we”, “us” or “our”), including Applications (“Apps”), websites, and Website Really Simple Syndication (“RSS”) feeds, you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”) and the Privacy Policy Statement (“Privacy Policy”).  As the Terms of Use may be revised periodically, please ensure that you review them from time to time. You agree to be deemed notified and bound by any changes to the Terms of Use and your continued use of any of the digital services indicates your agreement to the revised terms. If you do not agree to the terms of this or any revised policy, please cease your use of the digital services immediately.

Authorized Use

User Conduct: You agree to use CHEK’s digital services and their contents for lawful purposes and only as authorized in this Terms of Use policy. We reserve the right, in our sole discretion, to terminate your access to all or part of our digital services, with or without notice and for any reason whatsoever. We also reserve the right to reveal users’ identity or any information we may have regarding users, including IP address(es), in the event of a complaint or legal action arising from a violation of the Terms of Use.

Except where indicated, you may download or print individual pages of our content, without alteration to the information, for non-commercial use only. Except as we may expressly authorize, you agree not to sell, license, rent, distribute, copy, transmit, publicly display, publish, adapt, edit, or otherwise misuse the content of the digital services.

User Content: By interacting with CHEK’s digital services, you are responsible for the content you provide by any means, whether through posts, uploads, comments, in discussion forums, in programming-related activities, such as contests, and through the use of third-party social media, such as Facebook, Instagram, Twitter, or others. If you access CHEK’s digital services through third-parties’ platforms such as Facebook, Instagram, Twitter, or others, their terms of use apply in addition to the Terms of Use of CHEK. You agree that you will not contribute any content which may be considered derogatory, obscene, harmful, sexually explicit, harassing, threatening, abusive, invasive of privacy, racially or ethnically objectionable, or otherwise illegal. You agree that you will not contribute any content containing: unsolicited or unauthorized advertising; an infringement of any patent, trademark, copyright, or other similar rights of any party, including, but not limited to, pirated computer programs or music files or the links to them; software viruses of any kind which may compromise the performance of any computer software or hardware or any form of information technology and related equipment; information which you are not legally entitled to provide, such as, but not limited to, confidential information disclosed during the course of employment.

Third Party Sites and Services Disclaimer

CHEK Media Group’s digital services contain links to and from sites operated by third parties. CHEK makes no representations whatsoever about any third party content that you may access from the digital services. As the linked sites are not under our control, we are not responsible for any third party content or the contents of any linked site, or any subsequent links from that site. You agree that any business transactions you enter into with third parties, found on or by way of our digital services, are solely between you and such third parties. Our Privacy Policy is only applicable when you are on CHEK’s Apps, websites, or RSS feeds. It is your responsibility to review the linked sites’ use agreements and privacy policies.

Intellectual Property

You acknowledge that all content and materials available through the digital services are protected by national and international copyright laws or other proprietary rights and laws and are owned by CHEK or our licensors, or CHEK has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our digital services. As a user of our digital services, you are authorized to utilize the content only for your own personal and non-commercial use and you agree that you will not alter the content in any way whatsoever.

Unless otherwise indicated, all logos, names, marks, and designs appearing on our digital services are trademarks or service marks of, or used under licence by, CHEK. The use or misuse of any of these materials is strictly prohibited.

Indemnification

In consideration of your use of CHEK’s digital services, you agree to defend, indemnify, and hold CHEK and each of our employees, officers, directors, shareholders, agents, consultants, contractors, and licensees harmless from and against any and all liabilities, claims and expenses, including legal and accounting fees that occur as a result of your misuse of the digital services or the content therein, including without limitation your breach of the Terms of Use herein. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which circumstance you will cooperate with us in putting forth any available defences.

DISCLAIMER OF WARRANTIES

You expressly acknowledge and agree that all content (materials, information, software, products and services) available through the digital services are provided on an ”as is” and ”as available” basis for your use and that you use the digital services and any content therein at your sole risk. We expressly disclaim all warranties of any kind, whether expressly or by implication, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. CHEK makes no warranty that: the content of the digital services, or any service or product provided through it, is accurate or reliable; the digital services will meet your requirements; the digital services will be timely, secure, or available at any particular time or location; any defects or errors will be corrected; the digital services are free of viruses or other adverse components.

LIMITATION OF LIABILITY

You expressly acknowledge and agree that CHEK and its employees, officers, directors, shareholders, agents, consultants, contractors or licensors, will not be liable for any damages in law or in equity, including without limitation any direct, indirect, punitive, incidental, special, consequential or exemplary damages including, but not limited to, damages for loss of profits, goodwill, data, use, or other intangible losses resulting from the use, or misuse, of the digital services or from information provided therein, or as a result of any business transactions entered into between you and third parties on the digital services, or as a result of any interruption, error, delay in operation of transmission, computer virus, unauthorized access of or alteration of your transmission or data, or any other such matter relating to the digital services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis including any defamatory, offensive or illegal conduct of other users or third parties, even if we have been advised of the possibility of such damage, as some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Our liability in such jurisdictions shall be limited to the extent permitted by law.

Governing Law

This agreement will be interpreted, construed and governed by the laws in force in the Province of British Columbia, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. You expressly agree that any claim or action arising out of, or relating to, these Terms of Use or your use of the digital services shall be filed only in the courts of the Province of British Columbia, or the Federal Court of Canada, if applicable,and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Privacy and Disclosure

You have read and accepted the terms of our Privacy Policy.

This Terms of Use and our Privacy Policy together constitute the entire agreement between CHEK and you with respect to the digital services and supersedes all prior or contemporaneous communications between us with respect to the digital services. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

PRIVACY POLICY

859291 B.C. Ltd. (doing business as CHEK Media Group, CHEK Media, CHEK, CHEK-TV, CHEK-DT, and CHEK News), and its subsidiaries, affiliates and related companies(together referred to as “CHEK”, “we”, “us” or “our”), recognizes the concerns you may have regarding the gathering of personal information on our digital services. We have established this Privacy Policy to address some common concerns, to provide transparency to you and to ensure the confidentiality of your personal information.

Acceptance of Terms Through Use

By utilizing any of the digital services of CHEK, you agree to be bound by the terms of this Privacy Policy. As it may be revised periodically, please ensure that you review this Privacy Policy from time to time. You agree to be deemed notified and bound by any changes to the Privacy Policy and your continued use of our digital services indicates your agreement to the revised terms. This Privacy Policy was created in conjunction with CHEK’s Terms of Use policy. Please ensure that you read both documents, as your use of the digital services indicates your agreement to be bound by the terms of the Privacy Policy and the Terms of Use. If you do not agree to the terms of this or any revised policy, please cease your use of the digital services immediately.

Privacy of Minors

CHEK strongly recommends the involvement of parents and guardians in the online activities of minors (persons under the age of majority in their province or territory of residence). Minors are not permitted to use our digital services unless supervised by an adult, and we request that you do not permit minors in your care to submit any personal information to us. We recommend that you discuss this Privacy Policy in relatable terms to minors in your care, and we recommend that you research and implement software programs that permit parents and guardians to block certain websites from use by minors.  We do not knowingly collect the personal information of minors, so if you believe a minor in your care has provided personal information to us, please contact us at [email protected] or 250-480-3700 and we will ensure it is deleted.

Personal and Non-Personal Information

For the purposes of this policy, “Personal Information” is recorded information about an identifiable individual. The personal information we gather may include contact information (such as name, address, email address, telephone number), billing information (such as credit card or banking information), or any other information that you provide to us. We only collect Personal Information with your consent or where it is voluntarily provided by you, and we do not sell or share your Personal Information without your consent. We will not collect or use Personal Information for purposes other than those described in this Privacy Policy unless we have obtained your prior consent or as otherwise required or authorized by law.

Non-Personal Information is any information that cannot be linked to an identifiable individual. The Non-Personal Information we gather may include statistical information (such as the average time users spend on our digital services) and other anonymous information (such as the type and version of browser users employ when accessing our digital services). We may also gather information about you from social networking sites during contests or other promotional events that require social media data to be collected.

Non-Personal information is gathered to assess general usage patterns, collect demographic information, to provide advertisements about goods and services of possible interest to you, to administer and make improvements to the digital services, and to customize your experience with the digital services so as to make it more useful to you. We, including our affiliates and such other third party as we may designate, reserve the right to use, maintain, update, disclose and/or sell anonymous, aggregated information to third parties.

Personal Information and Contests

How and Why Your Personal Information is Collected

Personal Information is most commonly gathered directly from you when you interact with our digital services about products, offers or services that we provide (such as, when you subscribe to any of our services or when you email or contact us through our website). We may require your Personal Information for a number of reasons, which may include, but is not limited to: providing and delivering products or services to you; enabling us to contact you in order to respond to inquiries you have made; enabling us to contact you regarding contests or promotional events; meeting legal and regulatory requirements; notifying you regarding changes and improvements to our services; providing you with customer support.

Cookies

A “cookie” is a small piece of data sent from a website and stored on your computer by your web browser while you are browsing. It contains Non-Personal Information about you and is used to “identify” you when you use our digital services. The use of cookies allows us to maximize your experience by tracking your usage behaviour and customize our content to your interests and preferences. Although no Personal Information is gathered or stored by the cookies or by any other technology, you may opt to set up your web browser to delete and/or refuse cookies, or to notify you when cookies are sent. Please note, however, that disabling cookies may limit our ability to customize and make improvements to the features of our digital services.

SMS and Push Notifications

Access to Your Personal Information

We respond to requests for access and/or corrections to your Personal Information. We make every effort to provide you with access, or to correct or delete such data at your request provided it is not otherwise required to be retained, either by law or for legitimate business purposes. We reserve the right to decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, or would jeopardize the privacy of others.

Retention of Your Personal Information

We retain your Personal Information as long as necessary for the intended purpose or as required by law. Once your Personal Information is no longer necessary or is no longer required by law to be retained, it will be destroyed or de-

Security of Your Personal Information

We implement policies and procedures to protect the privacy and confidentiality of the information that we collect and maintain. All Personal Information is stored on secure servers. Please be advised that even the strongest security measures are vulnerable to interference by hackers and other outside sources. We strongly advise you to not share your user name and password with anyone and recommend changing your password on a regular basis. Please choose passwords that do not identify you personally and are not easy to guess. Our digital services may offer an ”auto login” option which allows users to enter member areas of our digital services without re-entering their password, and you may opt to disable this feature as a means to prevent unauthorized access to your device.

Questions and Enforcement

For any questions, concerns, comments, or complaints relating to your Personal Information, please contact our station manager, Rob Germain, at [email protected] or 250-480-3702.

It is our policy to contact the user when we receive formal written complaints, and should we be unable to resolve any issues between us and a user, we will cooperate with the appropriate regulatory authorities to achieve a resolution. You may contact Office of the Privacy Commissioner of Canada as follows:

30 Victoria Street, 1st floor

Gatineau, QC

K1A 1H3

Telephone: (819) 994-5444

Toll-free: 1-800-282-1376

Fax: (819) 994-5424