Terms and Privacy Policy

Authority

Completing this form is your application to participate in the City of Edmonton’s EnerGuide for Homes: Spot the Difference program (the “Program”). By participating in the Program, you confirm that you are the owner of the property and you authorize the City of Edmonton (the “City”) to publicly display your EnerGuide Home rating and label and other information related to the home, including but not limited to parameters such as modeled energy consumption, heated floor area and modeled greenhouse gas emissions, photo and address (the “EnerGuide Information”) on the City’s website (aceenerguide.kobotdev.com or other) (the “City Website”). By completing and submitting this form, you are consenting to the Program Terms and Conditions (the “Terms”) and Privacy Policy. You confirm that you are at least 18 years of age and that you have full capacity and authority to accept and be bound by these Terms. Eligibility for the Program rebate requires you to complete this form and consent to the Terms.

Compliance with Law Your Responsibility

You assume sole responsibility for your participation in the Program. Your participation in the Program is made entirely at your own risk. You assume sole responsibility for complying with all applicable laws and industry standards.

EnerGuide for Homes: Spot the Difference Program Official Terms

The Terms are intended to govern the rights and obligations of participants in the Program. Upon endorsement by each participant, these Terms shall constitute a fully binding agreement between the City, and you, the participant. Each participant in the Program MUST carefully read these Terms. By submitting your property you are consenting to participate in the Program and as such you consent to these “Terms” including the Program Privacy Policy (both of which are an integral part of these Terms). If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from participating in the Program.

ELIGIBILITY
To be eligible as a participant of the Program (a “Participant”), each Participant must be a registered owner of a residential property (a “Property”) which is located in the City of Edmonton, has had a Version 15 or later EnerGuide label performed in September 2016 or later and,
a desire to voluntarily display the EnerGuide label and associated Property information on the City of Edmonton website. Participation in the Program constitutes a Participant’s full and unconditional agreement and acceptance of the Terms, which are final on all matters relating to the Program.

PROPERTY REMOVAL (WITHDRAWAL OF CONSENT)
There is no time limit for removing displayed Properties from the City of Edmonton website. Removal of Properties from the website will occur under two situations: Property Owner Request: The current titled owner of a Property may terminate their participation in the Program at any time and for whatever reason by contacting the City and making a request for the Property to be removed from the City Website or City of Edmonton Discretion: The City retains the right to remove any displayed Properties at its sole direction.

COPYRIGHT AND INTELLECTUAL PROPERTY
All intellectual property related to the Program, including, without limitation, all trademarks, trade names, logos, designs, promotional materials, web pages, frameworks, methodologies, tools, interfaces, processes, techniques and know‐how used in the development, performance and outcome are owned or licensed by the City. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

LIMITATION OF LIABILITY AND WARRANTY
The City provides the Program and all content included therein for use on an “as is” and “as available” basis. The City hereby disclaims all warranties and representations, either express or implied, with respect to the Program, including, without limitation, any warranties, and fitness for a particular purpose, features, quality, non‐infringement, title, compatibility, performance, security or accuracy.

You expressly agree that the City is not liable to you for any direct, indirect, incidental, consequential, special or other damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from your participation in the Program or your use of the EnerGuide Information. You will not and cannot sue the City for anything which the City does or does not do (even if intentional or negligent) in connection with your participation in the Program and your use or inability to use the EnerGuide Information. Without limiting the general scope of the preceding sentence, this means that the City and its officers, employees, representatives, and agents are not liable on any legal theory or basis for any direct, incidental, indirect, special, punitive, exemplary or consequential damages or losses, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business or any other damages or losses arising from your participation in the Program and your access to, and use of, the EnerGuide Information.

LIABILITY FOR NOT COMPLYING WITH TERMS
You agree to indemnify, defend and hold harmless the City and its officials, officers, employees and authorized representatives from and against any liability or any form of loss, injury, demand, action, cost, expense or claim of any kind, (including lawyer’s fees), relating in any way to your participation in the Program or your access to or use of the EnerGuide Information, including, but not limited to, your connection to the EnerGuide Information or your use of the EnerGuide Information or any other contents on the City Website. You agree to cooperate fully in the defence of any such claim. The City reserves the right to assume, at its own expense, the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of the City.

CANCELLATION FOR NON-COMPLIANCE
The City may at any time for any reason, in its sole discretion, remove your EnerGuide Information or cancel or suspend your access to the EnerGuide Information without notice and for any reason, including without limitation anything which the City, in its sole discretion, believes is a breach of these Terms or is otherwise unlawful or harmful to others. In the event of cancellation or suspension, you will no longer be authorized to participate in the Program and the City may use any means possible to enforce its decision.

No Association
You may not use any trade-mark, official mark, official emblem or logo of the City, or any of its other means of promotion or publicity, without the City’s prior written consent nor in any event to represent or imply an association or affiliation with the City.

No Waiver
You agree that, if the City does not exercise or enforce any legal right or remedy contained in these Terms (or that the City has the benefit of under any applicable law), this will not be taken to be a formal waiver of the City’s rights and that those rights or remedies will still be available to the City. Any waiver of any provision of these Terms will be effective only if the City expressly states in a signed writing that it is waiving a specified provision.

Governing Law and Jurisdiction
The EnerGuide Information is published from within the Province of Alberta, Canada. These Terms are governed by Alberta law and the City and you now irrevocably submit to the exclusive jurisdiction of Alberta courts with respect to any and all matters arising under these Terms.

EnerGuide for Homes: Spot the Difference Privacy Policy

This Privacy Policy describes:

  • The information that the City of Edmonton collects from those participating (the “Participants”) in the Program;
  • How that information is used by City of Edmonton; and
  • The rights and options available to those Participants.

FOIP STATEMENT
This information is being collected by the City under the authority of section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act, and will be used to authorize public disclosure of building specific energy and water data, as part of the City of Edmonton’s EnerGuide for Homes program. Data collected will be used to populate an online disclosure platform. Your personal information will be used to communicate with you regarding the program and will be shared with an external contractor for the purpose of processing rebate claims and program evaluation. If you have any questions about the collection, use or disclosure of information by the City you may contact the Project Manager at (780)-442-2938 or green.building@edmonton.ca or 9th Floor, EDMONTON TOWER, 10111 104 AVENUE NW. Edmonton AB T5J 3P4 Canada.

By consenting to participate in the Program, Participants also consent to this Privacy Policy.
In this Privacy Policy, the term “personal information” means information about an identifiable individual that is recorded in any form, which may include demographic information, address, contact information, personal opinions or views. References to “information” in this Privacy Policy are deemed to include references to “personal information”.

Contact the City of Edmonton
If you have any questions or concerns about the collection of your personal information or wish to update your personal information, please contact the City of Edmonton at green.building@edmonton.ca.

Information that is being collected
The categories of information collected by the City of Edmonton will include all or some of the following.

  • Eligibility information: Information is collected to establish eligibility for Program participation, including but not limited to home address and information related to the EnerGuide Home Evaluation.
  • Property information: Information on your home and EnerGuide Home Evaluation is collected, including but not limited to EnerGuide file number, energy advisor that conducted Energy Evaluation, Date of Evaluation, Home Builder. The City will use the EnerGuide file number to request and obtain your EnerGuide Home Evaluation data and results from Natural Resources Canada, and contact your energy advisor to obtain the EnerGuide Rating, label and reports. The additional property information will be used to populate the display information about your home on the City website.
  • Contact information: Information collected will be used to communicate with you during the Program and mailing you a rebate cheque (if applicable), including but not limited to name, phone number, email address, home address; collection varies from the use of personal information, please see below the “Use of Information” section.
  • Your application information will be visible only to authorized staff at the City and the City’s contractor responsible for the rebate program.

Uses of information
The City may use information collected from or provided by you for the purposes provided under this Privacy Policy and the Terms, including:

  • To determine your eligibility for participation in the Program. The City may contact you to confirm or clarify information submitted on your application form;
  • To collect your EnerGuide data from Natural Resources Canada and EnerGuide label from your energy advisor;
  • To communicate with you and notify you of details related to the Program and to follow-up on your experience for the purposes of improving the program;
  • To provide you with support and handle requests and complaints; and
  • To mail you a rebate cheque (if applicable)
  • To create aggregated and/or anonymous data (where such data does not enable the identification of a specific user). See “How does the City use aggregated information?”, below.

Further information may be collected when the City exchanges communications with you, for example, if you submit a request or contact the City’s support team.

How does the City use aggregated information?
The City may use anonymous, statistical or aggregated information (including anonymous location information), in a form that does not enable the identification of a specific user, to create new services and features and for further analysis and statistical purposes.

Storage of information
All information will be stored on a secure server. The information will only be accessible to a limited number of authorized staff including the contractor administering the program.

Sharing information with others
The City will not:

  • Sell, rent or lease your personal information to third parties; or
  • Share your personal information with others (besides the City’s approved contractor), without your consent.