Terms of Service

Welcome to the FLEX YOUR HEAD website (the "Site")!

We hope you will enjoy this Site and will visit us often. We would like you to be aware of the terms that will govern your use. By accessing or using this Site, the information or materials on this Site, or participating in any activities on the Site, you are agreeing with the following terms and privacy policy. In other words:

To ensure that we provide you with the best online experience, we have developed this Terms of Service and Privacy Policy. We welcome your feedback and ideas. Please contact us at support@bgccflex.ca with any suggestions!

The FLEX YOUR HEAD Site is intended for use by legal residents of Canada only (excluding residents of the province of Quebec under 13 years of age). If you are not a Canadian legal resident and/or are a resident of the province of Quebec under 13 years of age, please do not use or register with this website.

IMPORTANT! If you are not of the age of majority in your province or territory of residence, then you must get your parent or guardian to read these terms and agree to them for you, before you use the website or provide any information to us. Please review this agreement with your parent or guardian so that you both understand how this Site and the FLEX YOUR HEAD program works, and what restrictions apply to your use of our websites and services or your participation in the FLEX YOUR HEAD program.

If you are under thirteen (13) years of age, we require the express consent of your parent or legal guardian for us to collect your personal information for the purposes of registration and for you to participate on and use the Site as a registered member. If you are unsure about anything you see on this Site, please ask your parent or legal guardian for help.

Terms of Service ("TOS")

1. Acceptance of Terms

The FLEX YOUR HEAD Site is provided by Boys and Girls Clubs of Canada. We provide this Site to you, subject to the following Terms of Service ("TOS"), including the Site’s privacy policy below (the "Privacy Policy"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.bgccflex.ca/terms-of-service. In addition, when using the FLEX YOUR HEAD Site or materials, you shall be subject to all guidelines or rules applicable and/or which may be updated from time to time. All such guidelines or rules (including but not limited to the Privacy Policy and any notices included in the materials) are hereby incorporated by reference into the TOS. If you do not agree to the TOS or the Privacy Policy, please do not access the Site. Your continued access to and use of this Site after we post or amend the Site’s TOS and/or Privacy Policy will mean that you agree with the TOS and Privacy Policy as amended. Please check this Site periodically for amendments to the TOS and Privacy Policy.

If you are under the age of majority, "you" and "your" includes your parent(s) and/or legal guardian(s). "We" and "us" refers to Boys and Girls Clubs of Canada, and its local clubs.

2. Description of Service

We currently provide users with access to a rich collection of resources, information, and materials through this Site. Unless explicitly stated otherwise, any new features that augment or enhance the current Site, including the release of new FLEX YOUR HEAD materials, activities and/or and Site features, shall be subject to the TOS.

We hope you enjoy the Site and the FLEX YOUR HEAD materials and program. If we decide to shut down the Site or its user accounts as a whole, or make material changes as a whole to the Site, we may opt to notify the user community by posting a notice on this Site at least thirty (30) days in advance, subject to the following sentence and paragraph 13 of these TOS. No advance notice will be given if we determine in our sole discretion that such changes or shut downs should be made without notice or on less than thirty (30) days’ notice. You will not receive any individual notice, so please check this Site from time to time for updates to the Site, these TOS and/or the Privacy Policy.

3. Registration and Eligibility

The FLEX YOUR HEAD Site is intended to be accessed only by registered users, including current members, staff or authorized representatives in good standing of Boys and Girls Clubs of Canada and/or or one of its Local Clubs. The Site will initially only be available to members, staff and representatives of Boys and Girls Clubs of Canada and/or their Local Clubs. Once we have opened Site registration to non-members of Boys and Girls Clubs of Canada, members of the public will be welcome to register also, if they meet the eligibility criteria set out in these TOS and comply with these TOS and all applicable Site policies.

This Site is intended for use by legal Canadian residents only, excluding residents of the province of Quebec under thirteen (13) years of age. This site is not intended for residents of Quebec under thirteen (13) years of age. If you are not a legal resident of Canada, or if you are from Quebec and under thirteen (13) years of age, please exit this Site. For legal residents of Canada (excluding the residents of the province of Quebec under thirteen (13) years of age): You must be at least of the age of majority in your province or territory of residence, or if you are under the age of majority you must have your parent’s or legal guardian’s consent to access or register an account with, or to use, the Site. Proof of identification and parental consent must be provided upon request. If a parent or legal guardian does not provide consent, or if proof of identification cannot be obtained we reserve the right to restrict your access to or participation on the Site, and/or to suspend or delete your account. If you are under thirteen (13) years of age, as part of the registration process we require the express consent of your parent or legal guardian for us to collect your personal information for registration purposes and for you to use and to participate on the Site as a registered user. If we have not received your parent or legal guardian’s signed Parental Consent Form within one (1) week of submitting your registration, we will delete your registration and the personal information you have submitted with your registration request (unless otherwise required in order to comply with laws, regulations or court orders).

FOR MINORS: PLEASE ASK A PARENT BEFORE USING THIS SITE OR REGISTERING AN ACCOUNT WITH THE SITE.

Only authorized staff or volunteers authorized by the Club Executive Director (each a "Local Club Representative")of Boys and Girls Clubs of Canada local clubs (each a "Local Club") may register a Local Club user account and/or create or maintain any Local Club page or content on the Site as a representative and on behalf of the Local Club, any such account, page or content being subject to the approval and/or directions of Boys and Girls Clubs of Canada. We reserve the right to require proof of identification and confirmation of the representative’s good standing and authority with the Local Club in order to register and/or maintain a Local Club’s user account, page or content, if any. See section 7 of these TOS, and our Privacy Policy below, for more information about guidelines for Local Club Representatives.

4. Your obligations as a user of the Site

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

5. Member account, password, and security

You select a username and password upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

This Site is provided to you by Boys and Girls of Canada and is intended to be used in a safe and enjoyable way. Please do not use this site except for its intended purpose. For example, but not limited to these acts, users must not:

  • Attempt to circumvent the security systems of the Site
  • Attempt to use or gain access to the Site in a fraudulent manner
  • Attempt to gain access to any other user’s accounts
  • Attempt to ascertain any other user’s password and/or personal information that they have not intentionally chosen to disclose publicly
  • Attempt to use the Site for any purposes other than those intended by us in our sole discretion
  • Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Boys and Girls Clubs of Canada and its Local Clubs cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. We reserve the right to remove any user from the Site and/or freeze his or her account if that user contravenes any provision of these TOS, including but not limited to this section 5.

6. User Conduct

Under no circumstances will Boys and Girls Clubs of Canada or its Local Clubs, or their staff, volunteers or representatives be liable in any way for any information, materials, services or activities made available via the Site, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use or misuse of any such information, materials, services or activities made available via the Site.

You agree to not use the Site to:

  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm other members in any way;
  • impersonate any person or entity, including, but not limited to, a Boys and Girls Club staff member, volunteer, user, site administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any content or do any act that infringes any patent, trademark, trade secret, copyright or other proprietary rights, the personality or privacy rights, or any other rights ("Rights") of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, endorsements, sponsorships, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • "stalk", "bully" or otherwise harass another; or
  • collect or store personal information or data about other users.

The information and materials on this Site have been posted with the intent that they be readily available for use by Local Clubs of Boys and Girls Clubs of Canada, and for personal, private non-commercial use by eligible registered users, and except where otherwise prohibited, may be reproduced, in part or in whole and by any means, for such uses by such member clubs and/or registered users, without charge or further permission from the Boys and Girls Clubs of Canada. Local Clubs may use the materials in accordance with all terms and conditions of Boys and Girls Clubs Canada relating to the operation and conduct of its member clubs. Use by authorized local clubs of Boys and Girls Clubs of Canada is under licence, and subject to any and all requirements or directions of Boys and Girls Clubs of Canada as may updated from time to time. We ask of all users that the materials not be modified, and that in accordance with the above, users exercise due diligence in ensuring the accuracy of the materials, and that Boys and Girls Clubs of Canada be accredited as the source of the materials.

Please also see section 8 below regarding intellectual property and permissions required for other uses of the materials outside of your personal, private, non-commercial use.

7. Privacy and Use of Information

We take the privacy of our users seriously. The FLEX YOUR HEAD Site is intended to be accessed only by registered users of the Site.

To access and use the Site’s content and materials you must register as a user of the Site. In order to register as a Site user, you must share with us certain personal information (for example name, e-mail address, date of birth, address) so that we can set up and administer your user account and the Site’s security. If you are a member, staff, volunteer or representative of Boys and Girls Clubs of Canada or one of its Local Clubs, we request that you share with us the name of your affiliated Local Club so that we can verify your affiliation with us or the Local Club.

For the entire current Privacy Policy, please click here: http://www.bgccflex.ca/terms-of-service#privacy-policy or see below, but we’ve included some basic information here:

Your name, account profile and username are neither publicly visible nor visible to other users of the Site (other than to Site administrators for the purpose of administering and maintaining the Site).

As of the date of these Terms of Service, the Site does not provide interactive communication or private messaging functionality between users, or posting or sharing of materials or user-generated content among users.

Please do not submit the personal information of others to us via the Site without obtaining their prior permission.

We only collect personally identifiable information from users when such visitors voluntarily submit such information. Information provided for users under thirteen (13) years of age at the time of their registration is collected into our database, but is not otherwise used until a signed Parental Consent Form is collected and approved as instructed on the form.

If you are under 13 years of age: If you are under 13 years of age, we require the express consent of your parent or legal guardian for us to collect your personal information for the purposes of registration and for you to participate on the Site and use the Site as a registered member. Please do not send any personal information about yourself to us without prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with this Site. Information provided about users under thirteen (13) years of age at the time of their registration is collected into our database, but is not otherwise used until a signed Parental Consent Form is collected and approved as instructed on the form. If we have not received your parent or legal guardian’s signed Parental Consent Form within one (1) week of submitting your registration, we will delete your registration and the personal information you have submitted with your registration request (unless otherwise required in order to comply with laws, regulations or court orders)

If we learn we have collected personal information from a user under 13 without parental consent being obtained, or if we learn a user under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a user under 13 years of age may have provided us with personal information in violation of this paragraph, please contact us at support@bgccflex.ca.

You acknowledge that (a) we cannot ensure the security or privacy of content you provide through the Internet, and you release us from any and all liability in connection with the use of such content by other parties; (b) we are not responsible for, and cannot control, the use by others of any content or activity which you post or share on the Site and you should use caution in selecting the personal information posted, shared or provided to others through the Site; and (c) we cannot assume any responsibility for the content posted or sent by other users of the Site, and you release us from any and all liability in connection with the content of any postings or communications of other users.

Boys and Girls Clubs Local Club representatives: If you are a Local Club representative from a Boys and Girls Clubs of Canada Local Club and are registering or maintaining a user account for your Local Club, you represent and warrant that you have the authority to act on behalf of your Local Club, and in respect of the user account(s) you create or manage you are solely responsible for complying with the Site’s Terms of Service, Privacy Policy, and all applicable privacy requirements and laws, and includes but is not limited to the requirement that you must obtain advance written consent from all parents or legal guardians your Local Club members under the age of majority before you post any personally identifiable information or images about those Local Club members on this Site. When obtaining consent, you must provide parents and guardians with our Privacy Policy. You must keep all consents on file and provide them to us if we request them. You represent and warrant that you are entering into these Terms of Service on behalf of your Local Club.

8. Intellectual Property & Permissions

a. Copyright. Copyright of all content on this Site, including but not limited to all FLEX YOUR HEAD materials and resources, the underlying code, HTML, text, illustrations, designs, icons, images, photographs, audio clips, video clips, documents, products, software and all other content is either owned by Boys and Girls Clubs of Canada, or Boys and Girls Clubs of Canada has obtained a licence to use the materials for the website.

The content and FLEX YOUR HEAD materials on this Site are protected by the Copyright Act. None of the content or FLEX YOUR HEAD materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, made available or transmitted in any form or by any means, including but not limited to for educational purposes, without the prior written consent of Boys and Girls Clubs of Canada. Reproduction of copies of materials from the Site, in whole or in part, for the purposes of commercial or educational distribution is prohibited, except with written permission from the Boys and Girls Clubs of Canada

To obtain permission to reproduce any content from this website or the FLEX YOUR HEAD materials, please submit a request to:

Boys and Girls Clubs of Canada
2005 Sheppard Ave East, Suite 400
Toronto, Ontario
M2J 5B4
Canada

support@bgccflex.ca

We and our designees shall have the right to remove any content from the Site in our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of the Site and any of its information, materials, services or activities, including any reliance on the accuracy, completeness, or usefulness of such information, materials, services or activities. In this regard, you acknowledge that you may not rely on any content from the Site and/or the FLEX YOUR HEAD program materials except at your own risk.

b. Trademarks. All trademarks used and/or displayed on this website, including but not limited to BOYS AND GIRLS CLUBS OF CANADA® and FLEX YOUR HEAD™ and related marks and logos, are registered and unregistered trademarks of Boys and Girls Clubs of Canada. Used under licence by authorized Local Clubs of Boys and Girls Clubs of Canada. Nothing on this website should be interpreted to grant any licence to use any trademark without the express prior written permission of Boys and Girls Clubs of Canada.

To obtain permission to use trademarks of Boys and Girls Clubs of Canada, please send a request to:

Boys and Girls Clubs of Canada
2005 Sheppard Ave East, Suite 400
Toronto, Ontario
M2J 5B4
Canada

support@bgccflex.ca

9. Indemnity

You agree to indemnify and hold Boys and Girls Clubs of Canada and FLEX YOUR HEAD, individual Local Clubs of Boys and Girls Clubs of Canada, and our affiliates, officers, agents, sponsors, suppliers or other partners, and employees, representatives or volunteers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Site, your use of the Site, your connection to or registration with the Site, your participation in any communications or activities on the Site, your violation of these Terms of Service, the Privacy Policy or other rules or guidelines for activities on the Site, or your violation of any rights of another.

10. Links

The Site may provide links to other Internet websites or online or mobile resources. Because we have no control over such sites and resources, you acknowledge and agree that Boys and Girls Clubs of Canada is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You acknowledge and agree that we are not responsible for third party advertisements which may be posted on this Site, nor are we responsible for the goods and services provided by advertisers on the Site.

11. General Information

These Terms of Service constitute the entire agreement between you and us, and govern your use of the Site, superseding any prior agreements between you and Boys and Girls Clubs of Canada with respect to this Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or required by Local Clubs (if applicable). The TOS and the relationship between you and us shall be governed by the laws of the Province of Ontario. You agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of Boys and Girls Clubs of Canada to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If the TOS, the Privacy Policy or any other terms of use of the Site are translated into a language other than English, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. Unless, and only to the extent, prohibited by law in your jurisdiction, any and all dispute or litigation proceedings relating to the Site’s TOS, Privacy Policy or other terms of use, or your participation on the Site, shall be conducted in the English language, including, without limitation, any correspondence, documentation, oral proceedings and orders or judgments. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

12. Modifications to Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Boys and Girls Clubs of Canada and/or its Local Clubs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the FLEX YOUR HEAD program or materials.

13. Termination

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOS. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this TOS may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Site. Further, you agree that Boys and Girls Clubs of Canada and/or its Local Clubs shall not be liable to you or any third-party for any termination of your access to the Site.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL USED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE, ACQUISITION OR DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOYS AND GIRLS CLUBS CANADA OR ANY LOCAL CLUBS OF BOYS AND GIRLS CLUBS OF CANADA, OR THROUGH OR FROM THE SITE OR THE FLEX YOUR HEAD PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOYS AND GIRLS CLUBS OF CANADA, OR ANY LOCAL CLUBS OF BOYS AND GIRLS CLUBS OF CANADA, THEIR STAFF, REPRESENTATIVES OR VOLUNTEERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CIRCUMSTANCES INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOYS AND GIRLS CLUBS OF CANADA OR ANY LOCAL CLUBS OF BOYS AND GIRLS CLUBS OF CANADA OR THEIR STAFF, REPRESENTATIVES OR VOLUNTEERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR THE MATERIALS ON THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES ACCESSED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR THROUGH THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE FLEX YOUR HEAD PROGRAM™. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION FROM LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Violations

Please report any violations of the TOS to us at support@bgccflex.ca.

Privacy Policy

Your privacy is important to us. This privacy statement describes how Boys and Girls Clubs of Canada collects and uses the personal information you provide on this FLEX YOUR HEAD website: http://www.bgccflex.ca (the "Site"). It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

If you are under the age of majority, "you" and "your" includes your parent(s) and/or legal guardian(s). "We" and "us" refers to Boys and Girls Clubs of Canada.

Information You Provide To The FLEX YOUR HEAD Site

In order to access the content and materials on the Site, you must register as a user of the Site. This Site is not intended for residents of the province of Quebec under the age of 13 years. If you are Quebec resident under the age of 13 years, please do not use or register with this Site.

As stated above in the TOS, we remind you of the following basic information (more details are explained in this Privacy Policy):

The FLEX YOUR HEAD Site is intended to be accessed only by registered users of the Site. In order to register as a Site user, you must share with us certain personal information (for example name, e-mail address, date of birth, address) so that we can set up and administer your user account and the Site’s security. If you are a member, staff, volunteer or representative of Boys and Girls Clubs of Canada or one of its Local Clubs, we request that you share with us the name of your affiliated Local Club so that we can verify your affiliation with us or the Local Club.

Your name, account profile and username are neither publicly visible nor visible to other users of the Site (other than to Site administrators for the purpose of administering and maintaining the Site).

As of the date of the Terms of Service, the Site does not provide interactive communication or private messaging functionality between users, or posting or sharing of materials or user-generated content among users.

Please do not submit the personal information of others to us via the Site without obtaining their prior permission.

We only collect personally identifiable information from users when such visitors voluntarily submit such information. Information provided for users under thirteen (13) years of age at the time of their registration is collected into our database, but is not otherwise used until a signed Parental Consent Form is collected and approved as instructed on the form.

If you are under 13 years of age: If you are under 13 years of age, we require the express consent of your parent or legal guardian for us to collect your personal information for the purposes of registration and for you to participate on the Site and use the Site as a registered member. Please do not send any personal information about yourself to us without prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with this Site. Information provided about users under thirteen (13) years of age at the time of their registration is collected into our database, but is not otherwise used until a signed Parental Consent Form is collected and approved as instructed on the form. If we have not received your parent or legal guardian’s signed Parental Consent Form within one (1) week of submitting your registration, we will delete your registration and the personal information you have submitted with your registration request (unless otherwise required in order to comply with laws, regulations or court orders)

If we learn we have collected personal information from a user under 13 without parental consent being obtained, or if we learn a user under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a user under 13 years of age may have provided us with personal information in violation of this paragraph, please contact us at support@bgccflex.ca.

You acknowledge that (a) we cannot ensure the security or privacy of content you provide through the Internet, and you release us from any and all liability in connection with the use of such content by other parties; (b) we are not responsible for, and cannot control, the use by others of any content or activity which you post or share on the Site and you should use caution in selecting the personal information posted, shared or provided to others through the Site; and (c) we cannot assume any responsibility for the content posted or sent by other users of the Site, and you release us from any and all liability in connection with the content of any postings or communications of other users.

Boys and Girls Clubs Local Club representatives: If you are a Local Club representative from a Boys and Girls Clubs of Canada Local Club and are registering or maintaining a user account for your Local Club, you represent and warrant that you have the authority to act on behalf of your Local Club, and in respect of the user account(s) you create or manage you are solely responsible for complying with the Site’s Terms of Service, Privacy Policy, and all applicable privacy requirements and laws, and includes but is not limited to the requirement that you must obtain advance written consent from all parents or legal guardians your Local Club members under the age of majority before you post any personally identifiable information or images about those Local Club members on this Site. When obtaining consent, you must provide parents and guardians with our Privacy Policy. You must keep all consents on file and provide them to us if we request them. You represent and warrant that you are entering into these Terms of Service on behalf of your Local Club.

1. What does this privacy policy cover?

This Privacy Policy covers our treatment of personal information that we collect when you are on the FLEX YOUR HEAD Site.

2. Information Collection and Use

We collect some personal information when you register with FLEX YOUR HEAD as a member.

When you register with FLEX YOUR HEAD, we ask for personally identifiable information including but not limited to your name, your username (that you create), e-mail address, address, date of birth, and your Local Club membership information (if applicable) to verify your eligibility to use the Site, and your membership or affiliation with Boys and Girls Club of Canada (if applicable). We may also ask for other optional information. Once you register with FLEX YOUR HEAD and sign in to our services, you are not anonymous to us.

FLEX YOUR HEAD also automatically receives and records other information on our server logs from your browser including your IP address, FLEX YOUR HEAD cookie information and the page you requested. For more information about our use of cookies and website analytics, see paragraph 4 below.

All information is kept in databases on our servers in Canada. We do not keep any hard copies of Site user registration account information in our possession with the exception of parental/guardian consent records, which we may opt to keep in electronic or hard copy form for a reasonable period of time as required to provide you with the services or activities for which parental/guardian consent or permission has been granted, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Please note that likewise, Local Clubs may also keep electronic or hard copies of Parental Consent Forms submitted to them in connection with Local Club activities or postings on the Site.

FLEX YOUR HEAD uses information for four general purposes: to provide the information/content you see, to provide you with and update the materials you use on our Site, to allow you to track your progress through the Site’s information and materials and/or in the FLEX YOUR HEAD program, to fulfill your requests for certain services, to inform you about certain changes to the services you have requested if necessary, and to contact you when you request it. We protect against loss of information by having regular backups of data. We keep up with current standards to protect against theft of data, and regularly apply security updates and patches to ensure we are using the latest software available to protect our servers.

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at support@bgccflex.ca.

3. Information Sharing and Disclosure

We will not share, trade, sell or rent your personal information to anyone outside of Boys and Girls Clubs of Canada except as may provided in this Privacy Policy.

If you are a member, representative, staff or volunteer of a Boys and Girls Clubs of Canada Local Club, we may share your personal information between Boys and Girls Clubs of Canada and your Local Club in order to facilitate and administer your use of this Site, its resources and your participation in the FLEX YOUR HEAD program.

We may also use non-personally identifiable, aggregated user data in order maintain the Site and provide or improve its service or content.

We may disclose personally identifiable information to others about you when:

  • We need to share your information to provide a product or service you have requested, with your express consent;
  • In order to respond to subpoenas, court orders, legal process or to comply with laws or regulation, or law enforcement or government authorities where they have followed due legal process to request us to disclose the information; or
  • In order to enforce our legal rights and/or to enforce against violations of our Terms of Service or any of our usage guidelines or rules for specific services or activities.

Newsletters

If you wish to subscribe to a newsletter from the Site, you may opt-in to allow us to use your username and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe at any time. Please also see the "Choice/Opt-in" section below.

Choice/Opt-In

We provide you the opportunity to ‘opt-in’ to having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you sign up as a member and you wish to receive newsletters or promotional materials from us, you can ‘opt-in’ indicate your preference on the registration form.

If you have opted-in to receive our newsletter or other promotional communications, and no longer wish to receive such communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at support@bgccflex.ca.

However, by registering to use this Site you agree that you have granted us your consent to contact you in order to provide service updates, safety, or security information about the Site and/or its resources, to provide information, updates or advisories about your Site registration or account, or any of the resources or materials on the Site, or to respond to inquiry you have made with us. You agree that such communications are not commercial electronic messages and we may contact you for these purposes, without further permission required.

4. Cookies & Web Beacons

We may set and access cookies on your computer. Cookies are pieces of information that we place on your computer to identify your member account and allow for proper functioning of the website and its services. Cookies also help us accurately understand how many users are visiting a the Site, how often they visit the Site, what content they are most interested in, and how they prefer to interact with or post content on the Site. For example, a cookie will allow us to remember certain things like your Internet Protocol (IP) address (IP addresses are strings of numbers that identify senders and receivers of information sent across the Internet), your login information, the time and duration of your visits, how you navigated through our content and where you exited the Site. To save you the time of re-entering your login information every time you come back to our Site, we may link information contained in a cookie to your email address (including that of registered children under 13). We do not use cookies to retrieve information from your computer that we did not originally send in a cookie

We use Google Analytics which uses cookies to track non-personally identifiable information about traffic and visitors to our site in the aggregate to compile statistical reports about the activity on the Site as well as to benchmark this Site to other third parties who also use Google Analytics. This information is used by us to improve the Site and its functionality.

Our Site may contain electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our communications and marketing campaigns.

Other information passively collected by us is in the form of logs – files that record website activity and gather statistics about web users’ browsing habits. These entries are generated anonymously, and help us determine (among other things) how many and how often users have visited our Web sites, which pages they’ve visited, and other similar data. We may use the log file entries for our internal traffic and demographic studies, so we can constantly improve the online services we provide you. Log files are used internally only, and are not associated with any particular user, computer, or browser.

Some browsers have recently implemented a "private browsing mode," designed to protect privacy, and which may delete some cookies when a browsing session has ended. You may also choose browser settings that reject the use of some cookies. While you may still visit and use the Site while restricting acceptance of cookies or using private browsing modes, it is possible that certain areas of our Site or services may not function properly.

5. User Profile Access and Retention

Username and Profile Information

The FLEX YOUR HEAD Site is designed as a website intended for access only by registered users. Your name, username and profile information are not visible to other registered users of the site. For this reason, your user account does not have privacy settings and your account name or username are not intended to be publicly accessible or searchable on public search engines via the Site.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you with the Site. If you wish to cancel your account or request that we no longer use your information to provide you services or materials, contact us at support@bgccflex.ca. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

6. Changes to this Privacy Policy

If we decide to change our privacy policy, we will post those changes to this privacy policy, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

7. Questions, Comments or Complaints

In compliance with Canadian law, if you have any questions, comments or complaints about how we use your information, please contact our Privacy Officer.

Contact: Privacy Officer

Via mail: 2005 Sheppard Ave. E., Suite 400 Toronto, Ontario, M2J 5B4, Canada

Via telephone:

Via email: sbower@bgccan.com

Thank you and enjoy our FLEX YOUR HEAD website!

NOTE TO PARENTS

We have developed this Site to be an enjoyable experience for its users. We recognize that some younger members may not understand some of the information contained on the Site or how the Site operates. That is the purpose of the Privacy Policy. Please discuss this statement with your child so that they will better understand how to use the Site and the information they may be asked to provide, and you and they can make informed choices and decisions about how to use the Site and protect your privacy. If you have any questions or comments about our Privacy Policy, please contact us using the Contact Information provided below.

Children Under 13

Collection and Use of Children’s Personal Information

We may collect and store personal information about children under 13 ("children" or "child") (excluding children who are residents of Quebec under 13 years of age) if it is submitted with the consent of the child’s parent or legal guardian in connection with their website user registration. To determine who is younger than 13 years old and whether parental consent is required, we ask all users who wish to register to submit their date of birth. Those users that indicate they are less than 13 years of age are taken through a parental consent process. If consent is provided by the parent or guardian, we may collect and store the following types of personal information about a child under 13: name, email address, parent’s or guardian’s name, and parent’s or guardian’s email address, their membership in a Boys and Girls Club Local Club (if applicable), and how they heard about the site and if they are staff, volunteer or a representative of Boys and Girls Club or one of its Local Clubs. We collect the child’s date of birth in order to assess their eligibility to register for the Site and parental/legal guardian consent requirements. We may also collect the child’s mailing address when necessary to fulfill a transaction or request by the user or his/her parent/legal guardian, with the permission of his or her parent/legal guardian. For information on how we use cookies and other information collection tools, please see our section on "Cookies & Web Beacons" (above, paragraph 4).

For children under thirteen (13) years of age, we require as part of the registration process your express consent as parent or legal guardian for us to collect your child’s personal information for registration purposes and for your child to participate on and use the Site as a registered member. If we have not received your signed permission form within one (1) week of the submission of your child’s registration request, we will delete your child’s registration and the personal information submitted with the registration request (unless otherwise required in order to comply with laws, regulations or court orders),

Once collected, a child’s registration information may be used to: (a) fulfill a transaction, such as sending the winner of a contest or sweepstakes the awarded prize, (b) allow us to send the child requested information or respond to inquiries from him or her, and (c) to send him or her service updates or notifications regarding safety or security of the Site or his/her user account. We may also use member’s information in aggregated, non-identifiable form for our internal demographic and traffic studies, so that we can continually improve the Site services and partnerships that we provide to Site users.

Boy and Girls Clubs Contact Information

Any personal information that a child provides to us through the FLEX YOUR HEAD Site for purposes of registration is collected by Boys and Girls Clubs of Canada. Boys and Girls Clubs of Canada’s contact information is as follows

Boys and Girls Clubs of Canada
ATTN: Privacy Officer
2005 Sheppard Ave. E., Suite 400
Toronto, Ontario
M2J 5B4

Disclosure of Children’s Personal Information

Please read the section titled "Information Sharing and Disclosure" (above) for our policy on the disclosure of personal information collected from and about children under 13.

Parental Access

A parent who has already given us permission to collect and use his or her child’s personal information can, at any time, do the following: (1) review, correct, or have deleted the child’s personal information, account information; and/or, (2) discontinue further collection or use of the child’s personal information, subject to the terms of this Privacy Policy. To do so, please refer to the confirmation email provided to you when you gave consent or contact us at support@bgccflex.ca and be sure to include your child’s name and email address, your name and email address. We would be happy to honour your request.