Sign-up – Privacy statement and terms of use

Privacy notice statement

You have been invited to register to the Collaborative Workspace of Employment and Social Development Canada (ESDC). The personal information you disclose on this platform is collected under the authority of the Department of Employment and Social Development Act for research, statistical, audit and evaluation purposes to help ESDC maintain and improve its programs and services, in particular the National Occupational Classification and other labour market information products.

The personal information you disclose in the Collaborative Workspace may be published or communicated to other programs or branches within ESDC and to other Government of Canada departments, as well as the public through government sites, and social media (Twitter, Facebook and YouTube). The personal information you provide will be for the sole purpose of sharing findings, analysis and service improvements. It will never be used in a decision-making process that directly affects you. Any information under the control of ESDC can be subject to access to information and privacy requests and will be administered in accordance with the Access to Information Act, the Privacy Act and the Department of Employment and Social Development Act.

Your interactions within the Collaborative Workspace are being recorded through a web analytics tool. For more information on web analytics, please visit the Government of Canada Privacy page.

In addition to protecting your personal information, the Privacy Act gives you the right to request access to and correction of your personal information, which is described in Personal Information Bank [PSU 938 – Outreach Activities]. Instructions for obtaining this information are outlined in the government publication entitled Info Source. Info Source may also be accessed on-line at any Service Canada Centre.

Should you need to report a concern regarding ESDC’s handling of your personal information, please contact the Privacy Commissioner of Canada. When making a request, please refer to the title of this project: Collaborative Workspace.

Collaborative Workspace — Terms of Use

Notice:

Please read the following Terms of Use carefully.

They set out your rights and impose obligations on you or, if you represent an Organization, set out the rights of your Organization and impose obligations on it.

Background

The Collaborative Workspace is hosted on Employment and Social Development Canada (ESDC)’s website.

The Collaborative Workspace is a platform for dialogue and exchange that aims to support ongoing research and updates to the National Occupational Classification (NOC) and other labour market information products. Through this platform, users can propose changes, share documents, access databases, carry out comparative analyses, and participate in discussion forums.

ESDC also intends to use the Collaborative Workspace to inform users of other labour market information activities that may take place outside of the Collaborative Workspace.

Definitions

  1. In these Terms,

    1. “you”, and “your”, means you personally, and, if you are participating on behalf of or for an organization, that organization and its affiliates (“Organization”).
    2. “ESDC” means His Majesty the King in right of Canada as represented by the Minister of Employment and Social Development Canada.
    3. “Content” includes all submissions, postings, messages or discussions by, between or among users, irrespective of format and any other material that may be found in the Collaborative Workspace whether placed there by a user or by ESDC.
    4. “Terms” means these Terms of Use.

Purpose

  1. Your access to the Collaborative Workspace, its use and the use of any Content posted by any user or ESDC in the Collaborative Workspace are subject to your agreement and compliance with these Terms.

    These Terms include:

    1. all amendments made to these Terms by ESDC, where and when required; and
    2. the “Important Notices” associated with the Collaborative Workspace:
      1. the interpretation and construction of the “Important Notices” and the other provisions of these Terms is to be carried out in a manner that assures that they fit together (that they coexist). However, in cases of discrepancy, these Terms shall take precedence.
  2. All headings are provided for convenience only and are not to be used for the purposes of interpreting or construing these Terms.

Content

  1. In the Collaborative Workspace, your obligations are as follows. You must:

    1. not upload or post any Content that you do not want made public. You agree that ESDC may disclose to anyone any Content for any purpose relating to the Collaborative Workspace or to any program, service or activity of ESDC. Any such disclosure shall be in accordance with applicable law;
    2. participate in activities in either French or English, or both;
    3. post or upload only such Content as is relevant and appropriate to support and achieve the purposes and goals of the Collaborative Workspace;
    4. not modify any Content to in any way disguise, hide or misrepresent the Content’s origin.
  2. You are fully responsible and accountable for any Content that you may post or upload. ESDC is not responsible or accountable for any user’s Content.
  3. You agree that ESDC may edit or remove any of your Content in order to support and achieve the purposes and goals of the Collaborative Workspace.
  4. ESDC does not review any user Content prior to its posting or uploading.
  5. Content represents the views and opinions of the user posting the Content and does not represent the views or opinions of ESDC.
  6. You consent to your name, your title, the name of your Organization, and your email appearing as the contributor of your Content.

Participation

  1. You must use the Collaborative Workspace in a professional manner and in a way that fosters an atmosphere of understanding in support of the purposes and goals of the Collaborative Workspace.
  2. You must observe the rules of netiquette and you must not:
    1. restrict or inhibit any other user from using the Collaborative Workspace;
    2. interfere or attempt to interfere with the proper workings of the Collaborative Workspace;
    3. post or upload:

      1. any unlawful, illegal, threatening, abusive, harassing, libellous, defamatory, invasive of another’s privacy, or discriminatory Content of any kind;
      2. any Content which violates or infringes upon the rights of others, including of ESDC;
      3. any Content which solicits personal information for commercial or unlawful purposes from other users;
      4. any Content which contains or may contain a virus or other ‘malware’ which is or may be harmful to the systems of ESDC or other users;
      5. junk mail, chain letters, unsolicited mass mailing or spam;
      6. any Content which passes you off as, or in which you impersonate, any person or entity, including any public sector or Collaborative Workspace official, or misrepresents you or your connection with any third party, including other users, in any way;
    4. use the Content for commercial purposes.

Monitoring content

  1. ESDC does not exercise continued monitoring or systematic review of the activities or Content of the Collaborative Workspace.
    1. ESDC is under no obligation to investigate any complaint regarding any Content.
    2. Notwithstanding paragraph 13a., ESDC may, at its sole discretion, investigate complaints and take any action it deems appropriate in the circumstances, including, without limitation, removing Content and revoking any user’s right to access the Collaborative Workspace or any portion thereof.

Intellectual property

    1. This provision survives the revocation of your access to the Collaborative Workspace and the termination of these Terms.
    2. By posting or uploading Content, you certify that you have the necessary authorities, rights, licences, releases, consents and permissions to do so from any person that may have a claim, right or interest in or to the Content.
    3. By posting or uploading Content to the Collaborative Workspace, you grant ESDC and users of the Collaborative Workspace a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to:
      1. use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Content for any non-commercial purpose.
    4. You hereby waive all moral rights in any Content in favour of ESDC.

Security

  1. Your user account is not transferable.
    1. Subject to paragraph 15b., you must not disclose the details of your user account to anyone.
    2. If you are an Organization, you may disclose the details of your user account, at your own risk, to your representative for the sole purpose of permitting them to post Content in the Collaborative Workspace on your behalf. You hereby accept responsibility and accountability for:
      1. anything that your representative does with your user account; and
      2. anything that your representative does while accessing the Collaborative Workspace including with any Content that your representative may access while in the Collaborative Workspace.
  2. You are responsible and accountable for:
    1. protecting the confidentiality and security of your user account; and>/li>
    2. all actions carried out in the Collaborative Workspace and all Content posted or uploaded to the Collaborative Workspace in association with your user account.
  3. You must immediately notify ESDC’ if:
    1. subject to subsection 15b., you know or suspect that your user account has been disclosed to or accessed by anyone; and
    2. you know or suspect that unauthorized use of your user account has occurred.

Limitation of liability, indemnification, disclaimers

    1. This provision survives the revocation of your access and the termination of these Terms for as long as your Content appears in the Collaborative Workspace.
    2. ESDC hereby disclaims, including for its officers, representatives, employees, agents, and its successors and assignees, all liability for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to loss of reputation, defamation, lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract, tort or otherwise arising from, related to or in respect of your participation or any other user’s participation in the Collaborative Workspace. The foregoing limitation shall apply even if ESDC knew or ought to have known of the possibility of such damages.
    3. ESDC hereby disclaims any and all liability for the acts, omissions or conduct of any user of the Collaborative Workspace.
    4. You agree to indemnify, defend, and hold harmless ESDC and its respective officers, representatives, employees and agents, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
    5. The Collaborative Workspace and all Content are provided as is.
    6. You agree that the use of the Collaborative Workspace and any Content for any purpose is entirely at your own risk. If you decide to access a website linked to the Collaborative Workspace, you do so entirely at your own risk.
    7. ESDC makes no representations or warranties, implicit or explicit, regarding the Collaborative Workspace and any Content, including Content posted by ESDC, including, without limitation, no representation or warranty that:
      1. the Collaborative Workspace and any Content will be accurate, complete, reliable, suitable for any purpose or timely;
      2. any Content, whether posted by ESDC or any user, will be of merchantable quality or fit for any particular purpose;
      3. the operation, including its availability in whole or in part, of the Collaborative Workspace will be uninterrupted or error free;
      4. the Collaborative Workspace or any Content will be free of defects or errors or that defects or errors in the Collaborative Workspace or in Content will be corrected;
      5. the Collaborative Workspace will be free from viruses or malicious software (malware) components and that communications to or from the Collaborative Workspace will be secure or not intercepted.
  2. You agree that ESDC is not responsible for any loss, damage, or corruption that may occur to your Content or your system.

Termination

  1. You may terminate your use of the Collaborative Workspace at any moment without notice and no reason is required to be provided. You must notify the Collaborative Workspace Administrator of your termination, and ESDC shall revoke your access to the Collaborative Workspace. These Terms terminate on the date your access is revoked.
  2. The Organization must immediately notify the Collaborative Workspace Administrator when their representative stops representing them for the purposes of the Collaborative Workspace. ESDC shall revoke the representative’s access to the Collaborative Workspace.
  3. ESDC may revoke your access to the Collaborative Workspace, which revocation will terminate these Terms. Such revocation shall be on ten business days’ notice and no reason is required to be provided. These Terms terminate on the date your access is revoked.

Amendments

  1. ESDC reserves the right to amend these Terms at any moment and without notice.

Governing law

  1. All matters relating to your access to, or use of, the Collaborative Workspace shall be governed by the laws of Ontario, exclusive of conflicts-of-law principles and all federal law applicable in Ontario. You hereby submit and attorn to the jurisdiction of the courts of the Ontario with respect to such matters.

Your agreement

  1. By selecting the “Accept” button you agree to these Terms for yourself and on behalf of your Organization. If you do not agree with these Terms in whole or in part, you must not select the “Accept” button.
  2. If you are agreeing to these Terms on behalf of your Organization, by selecting the “Accept” button, you certify, represent and warrant that you have the full legal authority and all required rights and permissions to bind your Organization. If you do not have such authority, rights and permissions, or your Organization does not agree to be bound by these Terms in whole or in part, you must not select the “Accept” button.

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