Introduction

The Site is hosted by Social PinPoint. (“Social PinPoint”, “us”, “we”, “our”) ) on behalf of The Regional Municipality of Waterloo (“Region”) , The Corporation of the City of Cambridge, The Corporation of the City of Kitchener and The Corporation of the City of Waterloo, (each a “City” and collectively “Cities”) Township of Wellesley, Township of Wilmot, Township of Woolwich (each a “Township” and collectively “Townships”).

Social PinPoint, the Region, the Cities and the Townships take your privacy as a user (“user”, “you”, “your”) of this Site very seriously. This Privacy Policy applies to the behaviour and treatment of your information by us, the Region, the Cities and the Townships.

This Privacy Policy is incorporated into and forms part of our Terms of Use (TOU), which outlines the terms and conditions you agree to when accessing and using the Site and the service. All capitalized terms used in this Privacy Policy and not otherwise defined herein have the meaning ascribed such terms in the TOU.

Consent

By using this Site, the service, or voluntarily providing personal information while using any feature of the Site or service, you consent to Social PinPoint, the Region and the Cities and the Townships collecting, using and disclosing your personal information as regulated by the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”), the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”), and other legislation as applicable in Canada and the Province of Ontario, as amended. You can find more information about your privacy rights on the websites of the Information and Privacy Commissioner of Ontario (www.ipc.on.ca) and Office of the Privacy Commissioner of Canada (www.priv.gc.ca ).

When you voluntarily provide us with personal information you consent to our collecting it and using it pursuant to this Privacy Policy.

If you decide to withdraw your consent to allow us to collect, use, disclose your personal information that we consider reasonable to fulfill the needs of our relationship and/or your use of the Site and the service, we may not be able to continue to provide you with the service offered through the Site.

By using the Site and services and/or providing us with Personal Information you agree that you are at least the age of majority in Ontario or if you are under 18 years old you agree that you have the consent of your parent/legal guardian. This Site and the services are not intended for children under the age of 13. If you are under the age of 13 years of age, then please do not use the Site or service.

By using our Site, you consent to this Privacy Policy.

What information do we collect?

Basic Identifying Information

We collect information from you when you register to use this Site. This information includes but is not limited to your:

• Screen Name
• Email Address

Demographic Information

Additional demographic information such as municipality of interest, categories of interest, postal code, gender, year of birth is optional and will be used to identify your engagement interests and to allow the municipalities to understand who they are and are not hearing from. Additional information may also be collected during individual engagement opportunities to enhance the value of the engagement responses.

User-Generated Information

We collect information that you put on the Site after you have signed up including but not limited to:

• Comments in forums
• Votes on other comments in forums
• Responses to surveys and quick polls

User-Behaviour Information

We collect information about your behaviour on the site including but not limited to:

• Documents downloaded from the library
• Videos viewed
• Pages views

Note that you can browse the Site anonymously without signing up.

Why do we collect this information?

To Collect and Collate your Feedback to Inform Decision-Making

We collect this information for our public consultation program to help inform decision-making. The information is used by the Region, the Cities and the Townships for analysis and interpretation, including the use of Social PinPoint’s Analysis Assistant to automate the analysis of qualitative, open-ended feedback using advance Natural Language Processing technology. Your comments may at any time and without restriction, be edited, copied, compiled, used, distributed, translated, published and repackaged by the Region and the Cities in any forum or medium (e.g. council reports, webcast, published on websites etc.). Your comments may be irrevocable once you publish them. The Region and the Cities may also use all the information about yourself or other matters and information derived or generated from Site in any medium, including without limitation the right to search the information consistent with this Privacy Policy.

To Send You Periodic Emails

The email address you provide for registering on the Site may be used by Social PinPoint, the Region and/or your pre-selected City or Township to send you emails providing you with information about consultations which you have participated, information and updates pertaining to the Region or your pre-selected City of interest and topics you have already shown an interest in through past engagement opportunities and/or new engagement opportunities, and information about third-party websites in which you might be interested in based on your past Site activities and when you subscribe to a specific topic

Your consent to receive these emails does not affect your ability to unsubscribe from receiving future emails by activating the unsubscribe link at the bottom of each email.

To Protect the Integrity of the Discussion

By monitoring the information that you provide we are able to protect the integrity of the discussion from other users who may attempt to unduly influence the outcomes of the consultation process.

Who has access to this information?

When you register for a user account you provide four types of information:

• Publicly available information;
• Information available to Social PinPoint, the Region and Cities;
• Information available to both Social PinPoint and the specific Region and/or City and/ or Township in which you engaged with (i.e. the City whose topic you responded to);

Publicly Available Information:

Publicly available information is limited to your screen name and any comments you leave under that name in the forums or other tools on the Site.

Note: We strongly recommend use of an anonymous screen name. However, if you choose to identify yourself through your screen name or otherwise then your name will be publicly visible. Based on the nature of your comments and/or information provided to the Site, your identity may be apparent to other users. Your screen name may be edited by you at any time through the edit profile function on the Site.

Depending on the engagement tool, your responses may be publicly visible.For example, survey responses are not visible, but comments and questions on forums or in the question and answer tool are publicly visible.Feedback (including overall results of polls and surveys, and in some instances, unidentifiable and randomly chosen quotes or comments from surveys) may be published in publicly available reports at the end of the consultation period, you would not be identifiable in these cases.

Please also keep in mind, however, that under MFIPPA formal submissions uploaded to this Site may be made available for public viewing by the Region and/or the Cities and/or Townships at its own volition or at the request of a member of the public.

Information available to Social PinPoint, the Region, the Cities and the Townships includes:

• Publicly available information;
• All information from the Registration form.

• Comments;
• Survey, Quick Poll, and comment voting responses;
• General site activity such as document downloads.

Third Party Links

Occasionally, the Region and/or a City and/ or a Township may include links to third-party sites that are independently owned and operated by other entities which are not associated or affiliated with the applicable Region, City or Township. You understand and agree that the Site’s Privacy Policy is applicable only while using this Site. When you click on third-party links on our Site, the links may direct you away from our Site. These third-party linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. If you decide to access third party linked sites you do so at your own risk.

Terms of Use

Please also visit our TOU section establishing the use, disclaimers, and limitations of liability governing the use of our Site.

Access and update to Personal Information

We support your right to access your personal information that we have collected. To make a request for access to your personal information that we have on file, please contact us at the contact information as set out below. Please note that your right to complete access cannot be guaranteed due to certain legal restrictions to your right to access. For example, you will not have access to files that contain personal information about other users or our confidential information. If you are denied access, we will notify you of the reason and any recourse available to you.

We will keep your personal information as complete, accurate and up to date as necessary. To amend or update your personal information to ensure its completeness and accuracy, please contact us at the contact information set out below. If there is a discrepancy or disagreement about the accuracy of your personal information this will be noted on your file. Notwithstanding anything in this Privacy Policy, if your personal information is provided as part of your comment, then it may not be possible to retract it if it is re-published.

Changes to this Privacy Policy

We reserve the right, at our sole discretion, to update, change or replace any part of this Privacy Policy without further notice or liability. If we do this, we will post the changes to this Privacy Policy on the Site and will indicate at the bottom of this Privacy Policy the date this Privacy Policy was last revised. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to this Privacy Policy constitutes acceptance of those changes. Notwithstanding the above, we will not change the use of your personal information unless you consent to such change in use.

Who do I contact for more information?

Personal information collected for the Region, the Cities and the Townships is collected pursuant to section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, for the public consultation program in accordance with the requirements of MFIPPA and may be used by the Region, the Cities and the Townships in accordance with this Privacy Policy. Questions about this collection, use, disclosure, and storage of personal information, or notice of collection can be directed to the following applicable municipality:

• The Regional Municipality of Waterloo: PDLCASFOI@regionofwaterloo.ca, 519-575-4400, or (TTY) 519-575-4608, or to the Regional Clerk’s Office, 2^nd Floor, 150 Frederick Street, Kitchener, ON N2G 4J3.
• The Corporation of the City of Cambridge: 519-740-4680, or to the Clerk’s Office, Cambridge City Hall, 50 Dickson St., Cambridge ON N1R 5W8.
• The Corporation of the City of Kitchener: clerks@kitchener.ca, 519-741-2203, or (TTY) 1-866-969-9994, or to Office of the City Clerk, City of Kitchener, 200 King Street West, Kitchener, ON N2G 4G7.
• The Corporation of the City of Waterloo: clerks@waterloo.ca, 519-886-1550 or (TTY) 1-866-786-3941 or to City Clerk, Waterloo City Centre, 100 Regina St. S., P.O. Box 337, Station Waterloo, Waterloo, ON N2J 4A8.
• Township of Wilmot: clerks@wilmot.ca, 519-634-8444, or to the Clerk’s Office, 60 Snyder’s Road West, Baden, ON N3A 1A1.
• The Corporation of the Township of Woolwich: clerk@woolwich.ca, 519-669-1647 or (TTY) 1-877-969-0094, or to the Clerk’s Office, 24 Church Street West, Elmira, ON N3B 2Z6.
• The Township of Wellesley: Municipal Clerk - gkosch@wellesley.ca, 519-699-3946, or to the Clerk’s Office, 4639 Lobsinger Line, St. Clements, ON N0B 2M0

For information about how Social Pinpoint will use your data, please visit their privacy policy.

Social Pinpoint (“Social Pinpoint”) has been commissioned by The Regional Municipality of Waterloo, The Corporation of the City of Cambridge, The Corporation of the City of Kitchener and The Corporation of the City of Waterloo, Township of Wellesley, Township of Wilmot, Township of Woolwich (“the Municipalities) to collect and display user content on their behalf for the sole purpose of permitting you to provide your opinion and other content to the Region, Cities and Townships. Your data is being processed in accordance with the municipalities’ Privacy Policy, where you can find details about how the Municipalities will use your information. As a data processor, Social Pinpoint’s Privacy Policy provides information about how they process data on behalf of the Municipalities.

By using the Site or posting Your Content, you agree to the Municipalities and Social Pinpoint’s Privacy Policies and the Terms of Use set forth below. If you want the municipalities to stop sending you emails, then opt out by clicking on the ‘unsubscribe’ link in your email.

These Terms of Use contain important terms and conditions that describe your rights and obligations and describe how you can use the Site (“TOU”). Please read the TOU carefully before accessing the Site. You are offered access and use of the Site only on the terms and conditions set forth in this TOU. By accessing and using the Site, and regardless of whether you register on the Site, you agree to the TOU.

Social Pinpoint owns and operates the technology that powers the Site. Social PinPoint provides questionnaires, surveys, forums, chat rooms, access to discussions and other Linked Content (as defined below) and also hosts the Site for the benefit of the Municipalities. However, the Municipalities control use of the Site where You will be able to engage and communicate with the Municipalities and other interested parties.

1. DEFINITIONS

“Content” means any information, data, music, sound files, photographs, graphics, images, videos, articles, or other content or material created, uploaded or made accessible on the Site.

“Controller” means the Municipalities that determines the purposes and means of the processing of personal data.

“Linked Content” means any Content or websites other than the Site that you may access through a link found on the Site.

“Site” https://www.engagewr.ca.

“You, Your or Yours” means the individuals who are invited by the Municipalities to use the Site.

“Your Content” means any Content that you provide, upload or make accessible on the Site.

We, Us or Our means Social Pinpoint and the Municipalities.

2. REGISTRATION

2.1 Registration is optional. If you choose to create an account, this Section 2 applies to you. To register for an account on the Site, You must be the older of:

• (a) 14 years; or
• (b) the age required by law where You live to form a binding contract with Social Pinpoint.

2.2 When You register, You will:

• (a) submit only true, accurate, current and complete information about yourself as prompted by the Site's registration procedure (the “Registration Data”); and
• (b) maintain and regularly update the Registration Data to keep it true, accurate, current and complete.

2.3 If You provide any information that is untrue, inaccurate, not current or incomplete , or Social pinpoint suspects that You have provided such information, Your account may be suspended or terminated.

2.4 After You complete the user registration process at the Site, You will receive a user password and account name to access the Site. In connection therewith You:

• (a) are fully responsible for maintaining the confidentiality of Your password and account;
• (b) fully responsible for all activities that occur under Your password or account;
• (c) must immediately notify Social Pinpoint if you are aware or suspect any unauthorized use of your password or account or any other breach of security; and
• (d) must create no more than one user account at the Site.

2.5 Social Pinpoint or its agents, may require access to Your user account to respond to service or technical issues. If you have provided your consent, Social PinPoint may communicate with you through Your user account by sending messages, newsletters, and other information. If you want Social PinPoint to stop sending you emails, then opt out by clicking on the ‘unsubscribe’ link in your email. The Municipalities reserves the right to access all Content and communicate with You in accordance with its Privacy Policy and applicable law.

3. ABOUT CONTENT

3.1 We own all the intellectual property rights that we create in our Content (see Section 8 below).

3.2 You own Your Content. We are not responsible for the substance, accuracy, completeness, appropriateness, or legality of Your Content.

3.3 You have no expectation that Your Content will be published on the Site.

3.4 We do not endorse or assume any responsibility for any Linked Content, or any information, materials, products, or services found or offered on or through Linked Content. If You access Linked Content from the Site, You do so at Your own risk, and You understand that neither the TOU nor Municipalities or Social Pinpoint privacy policies apply to Your use of such Linked Content. You expressly release Us from any and all liability arising from Your use of any Linked Content, the Site, or Content.

3.5 You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, appropriateness, or usefulness of such Content.

3.6 Your Content will be seen by Social Pinpoint and may be made publicly available on the Site or elsewhere.

3.7 Additionally, even if Your Content is not made public or available to third parties on the Site, Your Content may be subject to applicable open records laws.

3.8 You also acknowledge and agree that We and Our designated agents have the right (but not the obligation), in Our sole discretion, to review and monitor Content on the Site, including Your Content, and we may remove or refuse to post, in Our sole discretion, any Content, including if it violates our Moderation Rules (see below). In some cases, Social Pinpoint has the right to review and approve Content before it is included on the Site. Note that neither Social Pinpoint nor the Municipalities edit your Content.

4. USER CONDUCT

4.1 You understand and agree that:

• (a) all Content is the sole responsibility of the person who made the Content available, and You are solely liable and responsible for Your Content;
• (b) You are prohibited from advertising or offering to sell or buy any goods or services on the Site.

4.2 You shall not post Content that:

• (a) infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;
• (b) violates applicable law or is illegal; or
• (c) violates any third-party’s right, including right to privacy.

4.3 You shall not:

• (a) transmit Content that is or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," surveys, contests, or any other form of solicitation;
• (b) transmit Content that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to or that may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• (c) transmit Content that harms minors in any way;
• (d) impersonate any person or entity, including without limitation a Social Pinpoint or Municipalities representative or another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• (e) create a false identity for the purpose of misleading others as to your identity or the originator of Content;
• (f) 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.

4.4 You agree to and shall comply with our moderation rules for the Site, which can be found at https://www.engagewr.ca/moderation (“Moderation Rules”)

4.5 The Site gives you the opportunity to engage and communicate with third parties, including Social Pinpoint. You acknowledge and agree that your communications with Social PinPoint and any third parties via the Site are subject to the above rules and may be disclosed to any investigating authority if it violates this Section 4.

5. PRIVACY POLICY

5.1 When You access and use the Site, information submitted by You will belong to the Municipalities as data Controller. This information may include personal data (e.g. Your name, age, contact details etc.). Social Pinpoint, as Processor, processes data on behalf of the data Controller. Processing means (among other things) ensuring the Site runs properly, that Your data is securely stored and is available to the Controller so that they can effectively manage the Site and Your Content.

6. DISCLAIMERS

We offer the Site and Content to You on an “as-is” and “as available” basis. We make no representation or warranty that the Site or Your use thereof will be uninterrupted, timely, secure, or error free. To the fullest extent allowed by applicable law, We disclaim all warranties of any kind arising from or related to the Site or Content, whether express or implied, including without limitation all warranties of merchantability, fitness for a particular purpose, course of performance, title and noninfringement.

7. INDEMNITY AND RELEASE

You shall indemnify and hold Us harmless from, and at Our request, defend any or all of the foregoing against, any claim, cause of action, proceeding or demand and all related costs, expenses, damages, and other liabilities, including reasonable legal fees, related to or arising out of: (a) Your Content; (b) Your interactions or relationship with Social Pinpoint; and (c) Your violation of any other's rights or applicable law.

8. MODIFICATIONS AND DISCONTINUANCE

8.1 We may change the TOU from time to time without prior notice to You, and We will indicate there is an updated TOU by posting it to the Site. Your sole and exclusive remedy, if you do not agree to the modified TOU will be to cease all access and use of the Site.

8.2 We reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to You or to any third party.

9. GENERAL INFORMATION

9.1 Each party will, at all times, exercise its rights and perform its obligations under this Agreement in compliance with all applicable law, rules, and regulations.

9.2 The TOU and the Municipalities Privacy Policy constitute the entire agreement between you and the Municipalities with regards to your use of the Site.

9.3 The TOU will be governed by and construed in accordance with the laws of the jurisdiction of the Municipalities, and all disputes will be resolved in a court of competent jurisdiction within such jurisdiction. No applicable principals of conflicts of laws, imputed terms of the Uniform Commercial Code, or the United Nations Convention on contracts for the international sale of goods will apply to the TOU.

9.4 Our failure to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision.

9.5 If any provision of these TOU, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of the TOU will remain in full force and effect.

9.6 Your rights and obligations under the TOU are personal and may not be assigned in any way without our permission, and which may be withheld in our absolute discretion.

9.7 Headings in the TOU are for convenience only and do not affect interpretation.

Please review the Terms of Use for Social Pinpoint.