The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.

  1. Changes to Terms and Conditions

The Ontario College of Trades’ Hire with Confidence Site has the right, in its sole discretion, to add to, remove modify or otherwise change any part of these Terms and Conditions in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Content from it after any such changes are posted will constitute acceptance of those changes.

  1. Job Postings

Ontario College of Trades’ Hire with Confidence Site may make available certain job postings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Postings”), through Ontario College of Trades’ Hire with Confidence’s search results or otherwise through the Site. Job Postings are created and provided by members in good standing of the Ontario College of Trades Employers/Sponsors Class or Journeyperson Class. Ontario College of Trades’ Hire with Confidence will screen all Job Postings and may exclude or remove any Job Posting from the Site for any or no reason. We cannot confirm the accuracy or completeness or any Job Postings or other information submitted by any employer or other user, including the identity of such employer or other user. Ontario College of Trades’ Hire with Confidence assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Postings.

1(a) If you are a Job Seeker, any resume or application information that you submit through the Site is subject to this Agreement (including Section 4 below) and to Ontario College of Trades’ Hire with Confidence’s Privacy Policy. Without limiting the foregoing, however, please note that by creating a profile on the Ontario College of Trades’ Hire with Confidence Site, you are requesting and authorizing Ontario College of Trades to make available your resume to any Employer/Sponsor that Ontario College of Trades believes may have an interest in your resume. In addition, when you indicate your interest in a Job Posting through Ontario College of Trades’ Hire with Confidence Apply you are sending your resume and application information to Ontario College of Trades’ Hire with Confidence, and requesting and authorizing Ontario College of Trades’ Hire with Confidence to make available that information to the applicable Employer(s) for such Job Posting(s). When you ask Ontario College of Trades’ Hire with Confidence to transmit an application to an Employer via Ontario College of Trades’ Hire with Confidence Apply, you understand that this is without warranty. Ontario College of Trades’ Hire with Confidence does not, however, guarantee that any Employer will receive, access, read or respond to any such resume or application material, or that there will be no mistakes in the transmission of the data. Ontario College of Trades’ Hire with Confidence may alert you when any of the above events occur. In addition, by using Ontario College of Trades’ Hire with Confidence Apply, you agree that Ontario College of Trades’ Hire with Confidence is not responsible for the content of the Employer’s application form, screener questions or its format and that Ontario College of Trades’ Hire with Confidence does not guarantee receipt of your application by the Employer. If you do not feel comfortable sending an application in this manner, do not use the Ontario College of Trades’ Hire with Confidence Apply function and please send your application directly to the Employer by whatever other method you so choose. Ontario College of Trades’ Hire with Confidence does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking any action.

1(b) If you are an Employer/Sponsor, when you post a job on the Site, you agree that this Agreement and all of regulations under the Ontario College of Trades and Apprenticeship Act, 2009 (the Act), Ontario College of Trades by-laws, and other applicable laws and regulations, including the Ontario College of Trades’ Hire with Confidence Privacy Policy, apply to you and to the Job Seekers using or indicating an interest in such Job Postings. You also agree that, as a service to Job Seekers, Ontario College of Trades’ Hire with Confidence may activate its Ontario College of Trades’ Hire with Confidence Apply email relay function for use in connection with such Job Posting, and that any Job Seekers who wish to indicate an interest in such Job Posting may only do so through Ontario College of Trades’ Hire with Confidence Apply. Ontario College of Trades’ Hire with Confidence is not responsible for the content of your application form, screener question or its format, and Ontario College of Trades’ Hire with Confidence does not guarantee timely delivery, your receipt of the Job Seeker’s application or that there will be no mistakes in the transmission of the data. You agree that Ontario College of Trades’ Hire with Confidence Apply is presented to you without warranty and Ontario College of Trades’ Hire with Confidence assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility. When you respond to or contact a Job Seeker who has used Ontario College of Trades’ Hire with Confidence Site, or Ontario College of Trades’ Hire with Confidence Apply, you are providing information to Ontario College of Trades’ Hire with Confidence and requesting and authorizing us to make available such information to the applicable Job Seeker. Ontario College of Trades’ Hire with Confidence shall store such information regardless of whether a job vacancy has been filled. You are responsible for the contents of any Job Postings that you post, and any messages that you send through Ontario College of Trades’ Hire with Confidence Apply. You agree that Ontario College of Trades’ Hire with Confidence may reject or remove any Job Posting, for any or no reason. You shall indemnify, defend and hold harmless Ontario College of Trades’ Hire with Confidence, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Job Posting posted by you, or any message sent by you.

1(c) Regardless of whether you are an Employer/Sponsor or Job Seeker, when you send, store or receive materials (including Job Postings, resumes, and messages) through or using the Site, Ontario College of Trades’ Hire with Confidence may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Ontario College of Trades product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. Ontario College of Trades’ Hire with Confidence assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Posting, job solicitation, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Ontario College of Trades’ Hire with Confidence to do so. Ontario College of Trades’ Hire with Confidence does not promise to correct any inaccuracy.

1(d) Regardless of whether you are an Employer/Sponsor or Job Seeker, Ontario College of Trades’ Hire with Confidence may use application materials (including resumes) to determine whether the words of any Job Seeker’s resume match the words of a Job Posting, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that Ontario College of Trades’ Hire with Confidence may differentiate those matching resumes from those that do not match, and presenting them to Employers as matches or not matches. Ontario College of Trades’ Hire with Confidence may also use such information in order to improve the Site or any other Ontario College of Trades’ Hire with Confidence product or service (including by displaying or otherwise making available potentially relevant Job Postings and resumes to Job Seekers and Employers).

  1. User Content

Some parts of the Site may allow users to post Job Postings, resumes, information, text, images and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. Ontario College of Trades’ Hire with Confidence does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Ontario College of Trades’ Hire with Confidence shall have no liability with respect to such content.

You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social insurance number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Ontario College of Trades’ Hire with Confidence may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Ontario College of Trades’ Hire with Confidence reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.

Although Ontario College of Trades’ Hire with Confidence has no obligation to do so, Ontario College of Trades’ Hire with Confidence may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Ontario College of Trades’ Hire with Confidence’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting, or that Ontario College of Trades deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement, please contact Ontario College of Trades’ Hire with Confidence immediately so that we may have the opportunity to consider its removal.

Without limiting the generality of the foregoing, Ontario College of Trades’ Hire with Confidence reserves the right (but is under no obligation) to remove any Job Posting that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Posting specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Posting implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Posting that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.

  1. Site Rules

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Ontario College of Trades’ Hire with Confidence, unless you have been specifically allowed to do so in a separate, written agreement with Ontario College of Trades’ Hire with Confidence. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Ontario College of Trades’ Hire with Confidence, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Ontario College of Trades’ Hire with Confidence has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Ontario College of Trades’ Hire with Confidence may suffer) of any such breach.

You agree that you shall not transmit to Ontario College of Trades’ Hire with Confidence or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:

  • Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
    • sending messages in violation of the anti-spam law;
    • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
    • data mining any Ontario College of Trades’ Hire with Confidence property;
    • sending messages to users who have asked not to be contacted;
    • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure.
  • Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
  • Conduct or forward pyramid schemes or similar programs.
  • Transmit content that may be harmful to minors.
  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
  • Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.
  • Violate the legal rights (such as rights of privacy and publicity) of others.
  • Promote or encourage illegal activity.
  • Interfere with other Ontario College of Trades’ Hire with Confidence users’ enjoyment of the Site.
  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Ontario College of Trades’ Hire with Confidence account.
  • Modify, adapt, translate, or reverse engineer any portion of the Site.
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
  • Reformat or frame any portion of the web pages that are part of the Site without Ontario College of Trades’ Hire with Confidence’s explicit written permission.
  • Contact other Ontario College of Trades’ Hire with Confidence users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Ontario College of Trades’ Hire with Confidence considers detrimental to its users.
  • Create multiple Ontario College of Trades’ Hire with Confidence accounts without permission.
  • Bypass any limitations or suspensions of functionality.
  • Provide false information.

Ontario College of Trades reserves the right to use any User Content to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Ontario College of Trades reserves the right to use a variety of methods to detect and address anomalous activity and to screen User Content to prevent abuse such as spam or fraud. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users, with or without notice, and Ontario College of Trades shall not be responsible or liable for any such suspension or termination, including any consequences thereof.

  1. Registration; Contact Information

Some areas of the Site, including areas that may permit you to set up an Ontario College of Trades’ Hire with Confidence account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Ontario College of Trades’ Hire with Confidence is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner of an Employer account invites other users to the same account. When using a Linked Account, all users within the same Linked Account have access to the communications and actions of all other users within the Linked Account, and you consent to such access.

We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.

You agree that Ontario College of Trades may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Ontario College of Trades’ Hire with Confidence account or through other means such as email, telephone (including mobile phone), or mail, including through the use of contact information that you may provide to Ontario College of Trades’ Hire with Confidence or that Ontario College of Trades’ Hire with Confidence may otherwise obtain from third-party sources. By providing Ontario College of Trades’ Hire with Confidence with a mobile phone number, you expressly consent to receiving communication via such mobile number.

  1. Disclaimer of Warranties

Ontario College of Trades’ Hire with Confidence disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Ontario College of Trades’ Hire with Confidence search results or otherwise made available on the Site by Ontario College of Trades’ Hire with Confidence or third parties (including User Content). Ontario College of Trades’ Hire with Confidence disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material (including User Content). Ontario College of Trades’ Hire with Confidence disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Ontario College of Trades’ Hire with Confidence be liable to you or any third party on account of your use or misuse of or reliance on the Site.

THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB POSTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. ONTARIO COLLEGE OF TRADES’ HIRE WITH CONFIDENCE AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ONTARIO COLLEGE OF TRADES’ HIRE WITH CONFIDENCE AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB POSTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. ONTARIO COLLEGE OF TRADES’ HIRE WITH CONFIDENCE AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY ONTARIO COLLEGE OF TRADES’ HIRE WITH CONFIDENCE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ONTARIO COLLEGE OF TRADES’ HIRE WITH CONFIDENCE OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF ONTARIO COLLEGE OF TRADES’ HIRE WITH CONFIDENCE OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF ONTARIO COLLEGE OF TRADES’ HIRE WITH CONFIDENCE AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID ONTARIO COLLEGE OF TRADES’ HIRE WITH CONFIDENCE TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall Ontario College of Trades’ Hire with Confidence or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals and non-performance of third parties.

  1. Privacy Policy

The Ontario College of Trades (the “College”) is committed to maintaining the accuracy, security, confidentiality and privacy of Personal Information and Confidential Information (as defined below) in accordance with Ontario College of Trades and Apprenticeship Act, 2009 (OCTAA) and applicable Canadian privacy laws.  This Policy (“Policy”) is a statement of principles and guidelines concerning the protection of Personal Information and Confidential Information related to our members (including individuals and member organizations), service providers and other individuals and organizations.  This Privacy Policy applies to the College and its personnel, representatives and agents.

What is Confidential Information?

For the purposes of this Policy, confidential information means any confidential or proprietary information or trade secrets (“Confidential Information”) provided to us by any member organization which is not “Personal Information”.

What is Personal Information?

For the purposes of this Policy, personal information means information about an identifiable individual or which permits an individual to be identified (“Personal Information”).  Generally speaking, Personal Information does not include what is considered to be business contact information (e.g., your name, title or position, business address, telephone number, facsimile number, or e-mail address).

Your Consent

YOU AGREE THAT THE COLLEGE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION AND CONFIDENTIAL INFORMATION WHICH IS TRANSFERRED TO THE COLLEGE AS OF JANUARY 1, 2013 IN ACCORDANCE WITH OCTAA OR WHICH YOU SUBMIT TO THE COLLEGE OR ITS AGENTS AND SERVICES PROVIDERS IN ACCORDANCE WITH THIS POLICY AND AS PERMITTED OR REQUIRED BY APPLICABLE LAWS.  Subject to legal and contractual requirements, and reasonable notice, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting the College’s Chief Privacy Officer (as listed below). If you refuse or withdraw your consent, the College may not be able to provide you or continue to provide you with certain services or information which may be of value to you.   If you provide us with the Personal Information or Confidential Information of another individual or organization, you represent that you have all necessary authority and/or have obtained all necessary consents from such individual or organization to enable us to collect, use and disclose such Personal Information and/or Confidential Information for the purposes set forth in this Policy.

Why does the College Collect Personal Information and Confidential Information?

The College limits the collection, use and disclosure of Personal Information and Confidential Information, both in the amount and type of Personal Information and Confidential Information, to that which is necessary to fulfill the purposes identified within this Policy.  The College will identify the purposes for which Personal Information or Confidential Information is collected at or before the time of collection.  In general, the College collects uses and discloses Personal Information and Confidential Information in order to carry out its responsibilities under OCTAA. The College will make all reasonable efforts to fully inform such individuals about the planned use/disclosure. More specifically, the College may collect, use and disclose Personal Information and Confidential Information in accordance with section 79 of OCTAA or for any other purpose for which you consent or where such collection use and disclosure is required or permitted by applicable law.

To Whom does the College Disclose Personal Information and Confidential Information?

From time to time, the College may disclose Personal Information and/or Confidential Information to:

(a)                 service providers, including, but not limited to, an organization or individual retained by the College to perform functions on its behalf, such as marketing, data processing, document management and office services;

(b)                 a person who is providing or seeking the information as your agent, subject to verification by the College that the person is properly authorized to act as your agent.

(c)                 any other third party or parties, where you consent to such disclosure or where disclosure is required or permitted by law.

Where does the College Store Personal Information and Confidential Information?

Personal Information and Confidential Information is stored in secured locations and on servers controlled by the College, located either at the College’s offices or at the offices of the College’s service providers. The College retains Personal Information and Confidential Information only for as long as is necessary in order to fulfill the purposes identified within this Policy, or for as long as may be required to comply with applicable laws.

How does the College Protect Personal Information and Confidential Information?

To help protect the confidentiality and security of Personal Information and Confidential Information, the College employs administrative and technological safeguards appropriate to the sensitivity of this Information and in compliance with section 62(1) of OCTAA.  If Personal Information or Confidential Information is sent to a third party for processing, the College will make sure, through the College’s contracts with such third parties, that all such information is kept secure.  The College also operates secure data networks protected by industry standard firewall and password protection systems.  Personal Information and Confidential Information is kept as accurate, complete and up-to-date as is necessary to fulfill the purposes identified in this Policy. The College does not routinely update Personal Information or Confidential Information.

Privacy and the College’s Website

(a)                 Cookies – When an individual visitor accesses the College’s website, the College may use a browser feature called a ‘cookie’ to collect information such as the type of Internet browser and operating system the visitor uses, the domain name of the website from which the visitor came, date and duration of the visit, number of visits, average time spent on the College’s website, pages viewed and number of cookies accumulated.  A cookie is a small text file containing a unique identification number that identifies the visitor’s browser, but not necessarily the visitor, to the College’s computers each time the College’s website is visited.  Unless a visitor specifically informs us (e.g. by registering for an event or sending us correspondence from the website), the College will not know who the individual visitors are.  In addition to the identified purposes described in the College’s Privacy Policy, the College may use this website information and share it with other organizations with which the College have a commercial relationship to measure the use of the College’s website, to improve the functionality and content of the website and to facilitate usage by a visitor.  Visitors can reset their browsers either to notify them when they have received a cookie or refuse to accept cookies.  However, if a visitor refuses to accept cookies, he or she may not be able to use some of the features available on the College’s website.

(b)                 Online Communications – In order to provide the College’s website visitors with a service or information, visitors may voluntarily submit Personal Information to us for purposes such as asking a question, obtaining information, reviewing or downloading a publication, participating in a seminar or other event, and participating in research and surveys.  If you are known to the College as a registered user of an online service, the College may combine and store Personal Information about your use of the College’s website and the online information you have provided with certain other online and offline information the College may have collected.

(c)                 E-Mail Communications – Occasionally, the College may send e-mail communications to you with information that may be useful, including information about the services of the College and other third parties with whom the College have a relationship.  The College will include instructions on how to unsubscribe and inform us of preferences if you decide you do not want to receive any future marketing or promotional e-mails from the College.

(d)                 Links – The College’s website may contain links to other websites which are provided as a convenience only.  Visitors are advised that other third party websites may have different privacy policies and practices than the College, and the College has no responsibility for such third party websites.

How can you Obtain Access to Personal Information and Confidential Information?

Upon your written request, by filling out our request for information form, and subject to certain exceptions, the College will inform you of the existence, use, and disclosure of your Personal Information, and for member organizations, of Confidential Information relevant to your organization, and will give you access to that Information.  Access requests should be sent to the College’s Chief Privacy Officer using the contact information outlined below.

If access to your Personal Information or Confidential Information is denied, the College will notify you in writing, give reasons for the denial, and inform you of the recourses open to you.  If access is granted, the College will give you a reasonable opportunity to review your Personal Information and Confidential Information, in an understandable form within a reasonable time, generally within 30 days.  The College may extend such 30 day period by up to an additional 30 days if meeting the time limit would unreasonably interfere with the activities of the College or the time required to undertake any consultations necessary to respond to your request would make the time limit impracticable to meet. You will be able to challenge the accuracy and completeness of your Personal Information and have it amended as appropriate.

Changes to the College’s Privacy Policy

The College may modify or supplement this Policy from time to time. If the College make a change to this Policy, the College will post such changes on the College’s website at www.collegeoftrades.ca/privacy will and make such revised policy and changes available upon request to the College’s Chief Privacy Officer. However, the College will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those for which your consent is obtained unless otherwise required or permitted by law.

How Can You Obtain Further Information Regarding the College’s Privacy Policy?

The College has appointed a Chief Privacy Officer to oversee compliance with this Policy and applicable privacy laws. For more information on the College’s privacy practices, please visit the College’s website or contact the College’s Chief Privacy Officer at:

Chief Privacy Officer – Ontario the College of Trades
Ontario the College of Trades
655 Bay St., Suite 600
Toronto, Ontario     M5G 2K4
Phone: (647) 847-3000
E-Mail:    privacy@collegeoftrades.ca
Web:  www.collegeoftrades.ca/privacy

Changes to this Policy will be noted here so that you can be fully informed about the College’s privacy policies and practices.
Date last revised:   September 21, 2012
Description of Revision:  

Appendix A – OCTAA Sections Pertaining to Privacy

Ontario College of Trades and Apprenticeship Act, 2009 Part X, S. 62(1)

Confidentiality

  1. (1)     An individual engaged by the College in the administration of this Act, including an individual authorized by the Registrar to act as an investigator or as an inspector for the purposes of Part VIII, shall preserve secrecy with respect to all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any of those matters to anyone except,

(a)   as may be required in connection with the administration of this Act and the regulations and by-laws or any proceeding under this Act or the regulations or bylaws;
(b)   to his or her counsel;
(c)   with the consent of the person to whom the information relates;
(d)   to a peace officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result;
(e)   to the extent that the information is available to the public under this Act; or
(f)   as otherwise required by law. 2009, c. 22, s. 62 (1).

Ontario College of Trades and Apprenticeship Act, 2009 Part XIV, S.79

  1. (1)     The Minister may collect personal information, directly or indirectly, related to the following matters, and may use it for those purposes:
  2. Administering this Act and the regulations and implementing the policies and guidelines made under this Act.
  3. Ensuring compliance with this Act, the regulations, and the policies and guidelines made under this Act.
  4. Planning or delivering programs or services in relation to trades and apprenticeship that the ministry of the Minister provides or funds, in whole or in part, allocating resources to any of them, evaluating or monitoring any of them or detecting, monitoring and preventing fraud or any unauthorized receipt of services or benefits related to any of them.
  5. Risk management, error management or activities to improve or maintain the quality of the programs or services in relation to trades and apprenticeship that the ministry of the Minister provides or funds, in whole or in part.
  6. Research and statistical activities that relate to trades, whether or not they are designated under this Act, and that are conducted by or on behalf of the ministry of the Minister.
  7. Such other matters related to trades, whether or not they are designated as trades under this Act, as the Lieutenant Governor in Council may determine. 2009, c. 22, s. 79 (1).

Limits on collection and use

(2)     The Minister shall not collect or use personal information if other information will serve the purpose of the collection or use. 2009, c. 22, s. 79 (2).

Same

(3)     The Minister shall not collect or use more personal information than is reasonably necessary to meet the purpose of the collection or use. 2009, c. 22, s. 79 (3).

Collection and use of personal information for research

(4)     The collection or use of personal information for purposes related to the research as mentioned in paragraph 5 of subsection (1) is subject to any requirements and restrictions that may be prescribed in a Lieutenant Governor’s regulation. 2009, c. 22, s. 79 (4).

Disclosure

(5)     The Minister may require any of the following to disclose to him or her such personal information as is reasonably necessary for the purposes described in subsection (1):

  1. The College and the persons who will provide training for apprenticeship programs established by the College.
  2. Sponsors of apprentices.
  3. Employers of apprentices and 2009, c. 22, s. 79 (5).

Same

(6)     The Minister may specify the time at which, and the form in which, the information must be provided. 2009, c. 22, s. 79 (6).

Notice required by s. 39 (2) of FIPPA

(7)     If the Minister collects personal information indirectly under subsection (1), without limiting the Minister’s ability to give notice in other ways, the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act may be given by a public notice posted on the Ministry’s website. 2009, c. 22, s. 79 (7).

Disclosure

The Minister may disclose personal information collected for the purposes of this Act or a predecessor of this Act and that is under the control of the Minister’s ministry,

(a)   to any person employed in the administration of similar legislation in another province or territory of Canada; or
(b)   to any person if, in the opinion of the Minister, the disclosure or communication would clearly benefit the individual who is the subject of the information. 2009, c. 22, s. 79 (8).

Ontario College of Trades and Apprenticeship Act, 2009 Part XIV, S.80

Records

  1. Despite any other Act, the Minister may give to the College copies of records, including copies of records that contain personal information, or may otherwise disclose such information to the College, if in the Minister’s opinion the records or information are necessary for the College to carry out its responsibilities. 2009, c. 22, s. 80.