Please review these terms carefully. Your participation in any ICBC survey, your joining ICBC's customer panel, or your access to or use of any survey websites, constitutes your agreement to these terms. If you do not accept and agree to be bound by these terms, then you must not participate in any ICBC survey, you must not join ICBC's customer panel, and you must not access or use ICBC's survey websites.
1. About Us. The Insurance Corporation of British Columbia ("ICBC") is a provincial crown corporation providing auto insurance, driver licensing, vehicle registration, road safety, and other products and services in British Columbia.
2. Surveys. From time to time, ICBC or ICBC's service providers may conduct online surveys, online chats, online focus groups, or other online research activities on behalf of ICBC or on behalf of third parties (each, a "Survey").
3. Customer Panel. ICBC has established a customer panel (the "Panel") to enable individuals to share their opinions about the products, services, and policies that may relate to them. Individuals who join the Panel receive regular invitations to participate in Surveys.
4. Acceptance. By participating in any Survey, by joining the Panel, or by accessing or using any website pages that relate to the Surveys or the Panel, whether such website pages are hosted by ICBC or by its service providers (collectively, the "Survey Websites"), you accept and agree to these Survey Terms.
5. Surveys are Voluntary. Your participation is any Survey is voluntary. You may choose not to participate in any Survey, and you may choose to withdraw from a Survey at any time.
6. Incorporated Terms. You agree that ICBC's Terms and Conditions (the "General Terms") and Privacy Statement are incorporated by reference into these Survey Terms as if set out in full in these Survey Terms, that these Survey Terms are Other Terms as defined in the General Terms, and that the Surveys and Survey Websites form part of the term "Website" as defined in the General Terms. For greater clarity, all references to "Website" in the General Terms will be construed as including the Surveys and Survey Websites.
7. Amendments. The "last updated" legend below indicates when these Survey Terms were last amended. ICBC may unilaterally amend these Survey Terms at any time by updating these Survey Terms on the Website. No amendment to these Survey Terms will be binding unless ICBC has updated these Survey Terms on the Website. If you continue to participate in the Surveys or the Panel or to access or use the Survey Websites after amendment of these Survey Terms, you thereby accept and agree to the amended Survey Terms. You agree to review these Survey Terms regularly to determine your rights and responsibilities.
8. Survey Rules. If you are invited to participate in a Survey, then ICBC may specify additional rules applicable to that Survey ("Survey Rules"). By participating in a Survey, you accept and agree to any Survey Rules applicable to that Survey. ICBC may unilaterally amend any Survey Rules at any time, with or without notice to you. If you continue to participate in the Survey, you thereby accept and agree to the amended Survey Rules. You agree to review the Survey Rules regularly to determine your rights and responsibilities. If a conflict or inconsistency exists between the Survey Rules and the Survey Terms, then the Survey Rules will prevail to the extent of the conflict or inconsistency.
9. Contest Rules. If ICBC offers a contest related to a Survey or related to the Panel (each, a "Contest"), then ICBC may specify additional rules applicable to that Contest ("Contest Rules"). By participating in a Survey which has an associated Contest, you accept and agree to any Contest Rules applicable to that Contest. By joining the Panel, you accept and agree to any Contest Rules applicable to any Contests related to the Panel. ICBC may unilaterally amend any Contest Rules at any time, with or without notice to you. You agree to review the Contest Rules regularly to determine your rights and responsibilities. If a conflict or inconsistency exists between the Contest Rules and the Survey Terms, then the Contest Rules will prevail to the extent of the conflict or inconsistency.
10. Age of User. Individuals under the age of 16 are strictly prohibited from: (a) participating in Surveys or the Panel; (b) using the Survey Websites; and (c) submitting any personally identifiable information to ICBC in relation to a Survey or the Survey Websites.
11. Survey Websites License. If ICBC invites you to participate in a Survey or to join the Panel, then ICBC grants to you a revocable, personal, limited, non-sublicensable, non-transferable, and non-exclusive license to access and use the applicable Survey Websites for the purpose of participating in the Survey or the Panel or both, as applicable, as permitted under these Survey Terms, subject to and conditional on your continued compliance with these Survey Terms. You may only participate in a Survey, join the Panel, or use the Survey Websites for your personal use. You must not participate in a Survey, join the Panel, or use the Survey Websites for any commercial or other non-personal purpose.
12. Survey Responses. When you participate in a Survey, join the Panel, or use other features of the Survey Websites, you may provide information to ICBC or its service providers (the information you provide is collectively called your "Survey Responses"). For example, and without limitation, your Survey Responses might include: (a) your responses to questions asked in a Survey; or (b) information you provide that is used to determine whether to invite you to participate in a Survey or to join the Panel. You agree that ICBC may record and retain your Survey Responses. You represent, warrant and agree that: (c) all information you provide in a Survey Response will be true, accurate and complete; (d) you will not impersonate any person or misrepresent any affiliation; (e) you will only include the personal information of another individual in a Survey Response if you have the express permission of that individual or if you are otherwise entitled to do so at law; and (f) you have obtained at your own expense all necessary consents, rights and permissions required to grant to ICBC the license to Survey Responses described below. If you are a member of the Panel, then, from time to time at the request of ICBC, you will update or confirm the information you provided that is used by ICBC to determine whether to invite you to participate in the Panel, or to participate in Surveys sent to members of the Panel.
13. Confidentiality of Surveys and Survey Responses. You acknowledge and agree that the following will be the confidential information of ICBC ("ICBC Confidential Information"): (a) the topics of any Survey; (b) the questions posed in any Survey; (c) the questions posed to determine whether to invite you to participate in a Survey or to join the Panel; (d) the survey responses of any other person; and (e) your Survey Responses (but only to the extent that your Survey Responses would reveal any of the aforementioned information). You agree that, without the prior written approval of ICBC, you will not disclose ICBC Confidential Information to any person for any purpose, and you will not use ICBC Confidential Information for any purpose other than participation in the applicable Survey.
14. Survey Reports. ICBC and its service providers will use your Survey Responses and the survey responses of other Survey participants to generate reports or other records or documents recording, describing or summarizing the Survey Responses and what ICBC has learned from the Survey Responses ("Survey Reports"). Some Survey Reports are internal to ICBC ("Internal Survey Reports") and are not intended for disclosure outside of ICBC. Other Survey Reports may be published generally or may be provided by ICBC to specific other persons, such as auditors, regulators, ICBC business partners, or the third parties for whom a Survey was conducted ("External Survey Reports"). ICBC will not include your name in any External Survey Report, except with your permission. ICBC will use commercially reasonable efforts to not include in any External Survey Report any other information that could reasonably be expected to identify you, except with your permission. ICBC will use commercially reasonable efforts to keep confidential any Internal Survey Reports that include your name or that include any other information that could reasonably be expected to identify you. However, you acknowledge that any Survey Response or Survey Report might possibly be disclosed pursuant to an access request made by a third party under the Freedom of Information and Protection of Privacy Act (British Columbia).
15. License to Survey Responses. By providing a Survey Response, you thereby grant to ICBC an irrevocable, unlimited, sublicensable (through multiple tiers), transferable, royalty-free, worldwide, perpetual license to use, copy, distribute, modify, make derivative works from, and disclose the information and any other content in the Survey Response, for any purpose whatsoever, and you hereby waive all related moral rights. All of the license rights so granted to ICBC are subject to ICBC's compliance with ICBC's obligations under "Survey Reports". For a summary of how ICBC otherwise collects, uses and discloses personal information, please see ICBC's Privacy Statement.
16. Unacceptable Use. In addition to the restrictions in the General Terms, you also agree that you will not make or submit, whether in any Survey Response or in any other communication in relation to a Survey or the Panel, any statement or other content that: (a) is obscene, indecent, vulgar, defamatory, abusive, harassing, racist, intimidating, hateful or otherwise objectionable; (b) contains language or images that typically would not be considered socially or professionally responsible or appropriate in person; (c) in any way infringes the rights of others; (d) encourages criminal conduct, or that might give rise to civil liability, or that otherwise violates any law; (e) impersonates any other person, whether actual or fictitious; (f) misrepresents your affiliation with any organization; (g) violates the privacy or publicity rights of any other person; (h) constitutes chain letters, pyramid schemes, junk mail, spam, or unauthorized advertising or promotional materials; and (i) is "off-topic" for a particular Survey. You agree that you will not use any non-ICBC automation code to respond to any Survey, including any "bot", and that you will not respond to any Survey more than once.
17. Focus Groups. Some Surveys may be organized as focus groups, where participants may see or hear comments provided by other participants. If you participate in a focus group, your first name may be displayed to others in the focus group. Please remember that others may see or hear your comments. Please be careful what you post or say. Please do not share any information of a personal, sensitive, or financial nature in focus groups. ICBC has no responsibility to you for any misuse of your comments by other participants, or for any inappropriate comments that may be made to you by other participants.
18. User ID and Password. For some Surveys, you may be provided with, or required to choose, a user ID and password. You, and not ICBC, are responsible for any use or misuse of your user ID or password. In particular, it is your sole responsibility to: (a) maintain the confidentiality of your user ID and password; and (b) notify ICBC immediately if you become aware of, or suspect, any unauthorized use of your user ID or password or any breach of security.
19. Termination for Convenience. ICBC, in its sole discretion, at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person, may terminate or suspend: (a) your continued participation in any Survey; (b) your continued participation in the Panel; or (c) your license to use the Survey Websites. If ICBC terminates or suspends your continued participation in a Survey, your continued participation in the Panel, or your license to use the Survey Websites, then these Survey Terms will nevertheless continue to apply in respect of your participation in any Survey, your participation in the Panel, and your use of the Survey Websites prior to such termination or suspension.
20. Severability. If any provision of these Survey Terms is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
21. Cumulative Remedies. All rights and remedies of ICBC granted or recognized in the Terms (including these Survey Terms) are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination.
22. Entire Agreement. The Terms (including these Survey Terms), together with any Survey Rules and Contest Rules: (a) represent the entire agreement between you and ICBC with respect to your participation in Surveys or the Panel and your use of the Survey Websites; and (b) supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and ICBC with respect to Surveys, the Panel, and the Survey Websites.
23. No Waiver of Rights. Failure by ICBC to insist on strict performance of any of the terms or conditions of these Survey Terms will not operate as a waiver by ICBC of that or any subsequent default or failure of performance.
24. Assignment of Terms. You may not assign these Survey Terms without the prior written consent of ICBC. ICBC may assign these Survey Terms without restriction.
25. Enurement. These Survey Terms will enure to the benefit of and will be binding on you and ICBC and your and its respective successors and permitted assigns.
Last updated: July 22, 2020