Quebec Residents – Applicants for employment with ghSMART

ghSMART PRIVACY POLICY

February 1, 2023

Accountability

We have designated a privacy officer who is responsible for our compliance with this Notice.  You may contact our privacy ‎‎officer as described below.‎

Scope

This Notice applies only to the personal information that ghSMART collects, uses and discloses related to Canada Applicants, including personal information collected in the context of reviewing, assessing, considering, managing, storing, or processing applications or otherwise considering Canada Applicants for positions with ghSMART. This Notice is intended to satisfy ghSMART’s applicable privacy obligations under applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (Canada) (and any successor legislation), the Quebec Act respecting the protection of personal information in the private sector, and other provincial equivalents.

The categories of personal information that we collect, and our use of personal information, may vary depending upon the position(s) or location, as well as the associated qualifications and responsibilities. For example, ghSMART conducts in-depth verbal interviews or discussions as part of our recruiting process. The information in this Notice is intended to provide an overall description of our collection and use of personal information about Canada Applicants. Also, in some cases (such as where required by law), we ask for your consent or give you certain choices prior to collecting or using certain personal information.

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.

What isn’t covered by this Notice? This Notice does not address or apply to our collection of personal information that is not subject to applicable Canadian privacy laws, such as business contact information and certain publicly available data or the personal information that we collect about residents of countries other than Canada. In addition, the personal information we collect from employees, officers, and directors who are not residents of Canada is subject to other notices and not this one.

Your Personal Information

Categories of Personal Information Collected and Disclosed.  The section below generally identifies the categories of personal information we have collected about Canada Applicants, as well as the categories of third parties to whom we may disclose this information:

• Identifiers: such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Insurance number, driver’s license number or other government identifiers
  • Third Party Disclosures: service providers, benefits providers, affiliates and subsidiaries, regulators, government entities and law enforcement, internet service providers required for cloud data storage, email, antivirus protection and standard technology operations, operating systems, and platforms, and others as required by law

• Financial or payment information:  such as banking information for reimbursing payment expenses or payroll onboarding services
  • Third Party Disclosures: service providers, benefits providers, affiliates and subsidiaries, regulators, government entities and law enforcement, internet service providers required for cloud data storage, email, antivirus protection and standard technology operations, operating systems, and platforms, and others as required by law

• Audio, visual, and other electronic data: interview recordings, transcriptions and other audio recordings (e.g., recorded meetings and webinars)
  • Third Party Disclosures: service providers, benefits providers, affiliates and subsidiaries, regulators, government entities and law enforcement, internet service providers required for cloud data storage, email, antivirus protection and standard technology operations, operating systems, and platforms, and others as required by law

• Professional or Employment-Related Information: such as your application responses and cv/Resume, information related to your employment history provided during the recruitment process, including employment verification and references from former employers or colleagues; training; professional experience; contact details of employer; employment appraisal/assessment; details of qualifications; job description tasks and responsibilities; linguistic and job related skills and competencies; details of past and current organizational projects and initiatives; reason for leaving prior roles; standardized test scores; volunteer or professional organization memberships
  • Third Party Disclosures: service providers, benefits providers, affiliates and subsidiaries, regulators, government entities and law enforcement, internet service providers required for cloud data storage, email, antivirus protection and standard technology operations, operating systems, and platforms, and others as required by law

• Education information: such as information about education history or background that is not publicly available personally identifiable information
  • Third Party Disclosures: service providers, benefits providers, affiliates and subsidiaries, regulators, government entities and law enforcement, internet service providers required for cloud data storage, email, antivirus protection and standard technology operations, operating systems, and platforms, and others as required by law

• Inferences: Inferences drawn from any of the information identified above to about Canadian Applicants reflecting their experiences, preferences, characteristics, behavior and abilities
  • Third Party Disclosures: service providers, benefits providers, affiliates and subsidiaries, regulators, government entities and law enforcement, internet service providers required for cloud data storage, email, antivirus protection and standard technology operations, operating systems, and platforms, and others as required by law

• Sensitive Personal Information: we may collect limited ‘sensitive personal information’ from Canadian Applicants, including: (a) Social Insurance number and other government identifiers (e.g., as part of the application and verification process); (b) racial or ethnic origin or sexual orientation (e.g., on a voluntary basis to support of our equal opportunity and diversity and inclusion efforts and reporting obligations, or where otherwise required by law, or union membership); and (c) health (e.g., as necessary to provide reasonable accommodations)
  • Third Party Disclosures: service providers, benefits providers, affiliates and subsidiaries, regulators, government entities and law enforcement, internet service providers required for cloud data storage, email, antivirus protection and standard technology operations, operating systems, and platforms, and others as required by law

In order to achieve the purposes listed in this section, your personal information may be communicated, transferred or stored outside of your jurisdiction of residence, including to the United States.

Sources of Personal information. In general, we may collect personal information from the following categories of sources:

• Directly from the individual
• Recruiters and recruiting platforms
• Employee referrals
• Publicly available information and sources, in accordance with applicable law
• Former employers
• References you provide

 Purposes of Collection, Use and Disclosure.

In this section we outline the purposes for which we may collect and process your personal information.

Recruiting, hiring, onboarding, and evaluating applicants: to review, assess, recruit, consider or otherwise manage applicants, candidates and job applications, including:

• scheduling and conducting interviews;
• identifying candidates, including by working with external recruiters;
• reviewing, assessing and verifying information provided, to conduct criminal and background checks in accordance with applicable laws, and to otherwise screen or evaluate Applicants’ qualifications, suitability and relevant characteristics;
• extending offers, negotiating the terms of offers, and assessing salary and compensation matters;
• satisfying legal and regulatory obligations;
• communicating with Applicants regarding their applications and about other similar position(s) for which they may be interested;
• in support of our equal opportunity employment policy and practices; and
• facilitating the reimbursement of approved travel, accommodations, or other expenses during the recruiting process.

Security and monitoring: to monitor and secure our resources, network and assets, including:

• monitoring for, preventing and investigating suspected or alleged misconduct or violations of work rules;
• monitoring for, preventing, investigating, and responding to security and privacy incidents;
• providing and managing access to technical access controls; and
• monitoring activities, access and use to ensure the security and functioning of our systems and assets.

Health and safety: for health and safety purposes, such as contact tracing or conducting appropriate screenings of individuals prior to entering or accessing certain locations or premises.

Auditing, accounting and corporate governance: relating to financial, tax and accounting audits, and audits and assessments of our business operations, security controls, financial controls, or compliance with legal obligations, and for other internal business purposes such as administration of our records retention program.

M&A and other business transactions: for planning, due diligence and implementation of commercial transactions, for example mergers, acquisitions, asset sales or transfers, bankruptcy or reorganization or other similar business transactions.

Defending and protecting rights: to protect and defend our rights and interests and those of third parties, including to manage and respond to employee and other legal disputes, to respond to legal claims or disputes, and to otherwise establish, defend or protect our rights or interests, or the rights, interests, health or safety of others, including in the context of anticipated or actual litigation with third parties.

Complying with legal obligations: relating to compliance with applicable legal obligations (such as hiring eligibility, responding to subpoenas and court orders) as well as assessments, reviews and reporting relating to such legal obligations, including under employment and labor laws and regulations, Social security and tax laws, environmental regulations, workplace safety laws and regulations, and other applicable laws, regulations, opinions and guidance.

If you fail to provide personal information or withdraw your consent

A failure to provide certain requested information may prevent us from completing our recruiting process, however you are under no obligation to provide us with personal information.

You have the right to withdraw your consent to the use or communication of your personal information at any time, however this will not affect the legality of any collection, use or communication of your personal information made before this withdrawal. If you withdraw your consent to the use or communication of your personal information, this may prevent us from completing our recruiting process or provide other services to you.

Change of purpose

We will only use your personal information for the purposes for which we collected it as described above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you, explain the reasons, and seek your consent where required by law. Please note that we may collect and process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Other Disclosures

In addition to the purposes described above, we may disclose your personal information to a third party without your consent if permitted or required ‎by applicable law.

The period for which data is stored 

The information we collect during the ghSMART service process will form part of our records and as such will be retained as required by legal, accounting, reporting standards as reflected in the ghSMART corporate records retention policy applicable to our business. ghSMART may also be required to retain this information based on statute of limitations or prescription periods for specific Jurisdictions, as well as government record retention requirements for tax purposes. ghSMART reviews the data to determine that the policy for data storage is in line with our stated purposes for which we may process your data. In some circumstances, and where permitted by applicable law, we may aggregate or de-identify your personal information so that it can no longer be associated with you, in which case we may continue to use such information without further notice to you.

Security

We protect the personal information in our custody or control using reasonable physical, ‎‎organizational and electronic security arrangements.  We ‎regularly review our practices to ensure they align with reasonable industry practices appropriate to ‎‎the level of sensitivity to safeguard personal information against loss or theft, unauthorized access, ‎‎alteration or disclosure.‎

However, no method of transmission over the Internet, or method of electronic storage, is completely ‎secure. As ‎such, despite our safeguards and protocols, we cannot fully guarantee the security of your ‎personal ‎information and you should always exercise caution when disclosing personal information ‎over the ‎Internet (including by email).‎

Accuracy

We will make a reasonable effort to ensure that personal information we are using or disclosing is ‎‎accurate and complete.  ‎With respect to personal information that we collect directly from you, we rely on you to provide complete and accurate information. You may request corrections to your personal information as described below.

Privacy Rights: You have the right to be informed of the source of the personal information we hold on you. You also have the right to access the personal information we hold on you, obtain a copy of this information and, if this information is not accurate, to have it corrected.

If you are a resident of the province of Québec, in addition to the rights stated above, you have the right to request a copy of your personal information in a commonly used technological format and to have such information communicated to a third party you designate (data portability). You also have the right to request, in certain circumstances, that we cease disseminating your personal information or that we de-index any hyperlink attached to your name (right to be forgotten).

How to Exercise Available Rights. If you think we may have incorrect personal information, or would like a copy of the personal information we hold on you, or to exercise any other data protection right available under applicable laws, please contact dataprotection@ghsmart.com or call +1 877 294 3368.

We will take steps to verify your request by matching the information provided by you with the information we have in our records. This may include your first and last name, email address, physical address, telephone number, and information about your relationship with us or other information needed to verify your identity. You must provide us with this information via the above phone number or email address to verify your request.  We will process your request based upon the personal information in our records that is linked or reasonably linkable to the information provided in your request. We may need to request additional specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another security measure designed to ensure that personal information is not disclosed to any person who has no right to receive it. If we are unable to adequately verify a request, we will notify the requestor.  Authorized agents may initiate a request on behalf of another individual; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.

If a challenge regarding the accuracy of personal information is not resolved to your satisfaction, we ‎‎will annotate the personal information under our control with a note that the correction was requested ‎but ‎not made.‎

In some situations, we may not be able to provide access to certain personal information (for example, if ‎‎disclosure would reveal personal information about another individual, or the personal information is ‎‎protected by solicitor/client privilege).  We may also be prevented by law from providing access to certain personal ‎‎information.‎

Changes to this privacy notice

Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy notice.

Contact details 

If you have any questions about this privacy notice or how we handle your personal information, please contact: dataprotection@ghsmart.com or +1 877 294 3368.

Mail address:

G. H. Smart & Company, LLC
203 North LaSalle Street
Suite 2100
Chicago, IL 60601
The United States of America

G. H. Smart & Company Canada, ULC
885 West Georgia Street
Suite 1480
Vancouver
British Columbia
V6c 3e8
Canada