Terms of Use and Privacy Policy

Introduction

Protecting the privacy and confidentiality of your personal information has been a fundamental way we do business. We operate on the basis of a Privacy Policy consisting of related procedures that guide the handling of personal information we collect. We have created this privacy statement to demonstrate our firm commitment to protecting the privacy of our clients, candidates, guests, partners and website visitors and Internet users. Our policy and related procedures are consistent with the Canadian Standards Association Model Code for the Protection of Personal Information (Herein “CSA Model Code”) and applicable privacy legislation. It is designed in accordance with the federal Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) and Canada’s Anti-Spam Law (CASL) of 2010, effective December 1, 2013.

Please note, Elby does not sell or trade any personal information with third parties.

For website specific privacy issues, please see paragraph entitled Website Privacy.

Application

This policy applies to the personal information of candidates, clients, guests, partners and website visitors and Internet users.

Privacy Statement

This policy deals only with personal information handled by Elby Professional Recruitment (K.W.) Inc. and any affiliated companies (Elby). Personal information is recognized as information about an identifiable individual, excluding business contact information. Elby reserves the right to update this policy periodically. Changes may affect our use of your personal information. Accordingly, please check for changes regularly.

Accountability

Elby is accountable for all personal information under its control. Elby’s Privacy Officer is Adam Walsh, Managing Director, who is designated as the individual responsible for the company Privacy Policy. The Privacy Officer can be reached by:

    • Email: adam.walsh@elby.ca
    • Mail: 650 Riverbend Drive Suite A-1 Kitchener, ON N2K 3S2
    • Phone: 905-766-2408

Any questions about Elby’s handling of personal information should be directed to the Privacy Officer. Please see below for more information about the process for referring questions about Elby’s handling of personal information.

Purpose of Personal Information

Elby collects, stores, and uses personal data to provide our recruiting, employment, outsourcing, and consulting services. We collect personal data about individuals who use our websites, apply for employment or engagement with us, or placement by us through our recruitment services, employees, and those who are representatives of our customers (including prospective customers).

Most of this data is provided by you directly when you contact us, submit an application, attend an in-person recruiting event, through phone conversations, contact us about our services, or during your outsourcing or employment relationship.

We also collect data about individuals who are employed or engaged by our customers in connection with our provision of outsourcing and consulting services to those customers.  This is generally obtained through our interactions with customers, suppliers, and service providers.

When you interact with an Elby website or application, we collect data related to how you interact with that service by, for example, our use of cookies placed on your device.

We have set out further details below on the types of personal data we collect, store, and use and the reasons we use your personal data.

Consent

If you have voluntarily provided personally identifiable information, including but not limited to, your name, title, phone number, or e-mail address (business or personal), you have assumed an implied business relationship with Elby and its subsidiaries and therefore consented to the collection, use and disclosure of your personally identifiable information as described in this Privacy Policy. Elby will not use personally identifiable information for any purpose outside of an implied business relationship. Should Elby require personal information for a new purpose, we will contact you to seek consent for new use. Individuals who chose to “opt-out” from receiving emails from company Associates and/or the Marketing Department (E.g. Corporate communications) will be unsubscribed upon request. This is in accordance with CASL, effective December 1, 2013.

In accordance with Canada’s Anti-Spam Law (CASL), the submission of your resume to Elby (either by way of this website or via email) constitutes as an implied business relationship between the sender and Elby. As a result, you provide consent to Elby and its divisions to install cookies for the purpose of populating form submission details on any / all website application forms and send email messages to the email addresses that you have provided. You may “Opt-Out” from these messages immediately upon receipt; and by doing so, you may not receive important information related to your job search.

Limited for Collecting, Using, Disclosing and Keeping Personal Information

Elby does not collect, use or disclose personal information of individuals except when individuals give consent and provide the information on a voluntary basis. There may be occasions where more specific personal information is necessary for us to proceed with a request for information, or provide you with a product or service. In such cases, we will provide you with a description on the information we need. In all cases, Elby limits the amount and type of personal information collected to the content that is required in order to provide the individual with the requested information, product or service. We collect information that is voluntarily provided by you, and undertake that such information will be kept confidential and will only be shared with those individuals or organizations that require it to process your request for information, or provide you with a product or service.

We will retain your personal information for as long as is necessary in connection with our agreement with you, to provide you with the services requested, or for other necessary purposes such as compliance with a law, regulation, or other legal authority, or as is otherwise permitted to be maintained for other legal purposes, such as audit, security, fraud prevention, or preserving and defending Elby’s legal rights.

Additionally, job applicants and individuals whose assignment has ended will be maintained in Elby’s talent pool to be potentially contacted about other employment opportunities.

Elby does not sell or trade any personal information with third-parties. Elby holds its employees, agents, and suppliers accountable for maintaining the trust that you place in us with your personal information.

For individuals, Elby shares the data that is necessary to perform its staffing and outsourcing services with other Elby entities, customers, suppliers, or with service providers that may be engaged to assist in managing the processes required to provide these services.

Any engagement of a customer, supplier, or service provider will be governed by appropriate contractual requirements prohibiting the use of your information for any purposes beyond those specifically directed by Elby, and requiring that they ensure sufficient administrative and technical security mechanisms are in place to prevent your information from being improperly used, disclosed, or accessed.

Any personal information that Elby retains is kept confidential and Elby takes numerous security measures (E.g. Encryption, restricting access to personal information to individuals requiring access, etc.) to protect personal information in our possession.

Safeguarding Personal Information

Elby takes care to secure your personal information. We store personal information in secure electronic files. We regularly monitor industry standards for securing information and review our physical, technical, and organizational security practices in order to determine how best to prevent the loss, misuse, alteration, unauthorized access, destruction, or disclosure of your personal information.

Any personal data sent to us, either in writing or e-mail, may be insecure in transit and we cannot guarantee its delivery.

User Conduct

By using this Site, including all Content and services available through it, you agree that you shall not:

(a)delete, modify, hack or attempt to change or alter any of the Content on the Site;

(b)use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;

(c)use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;

(d)use any Elby names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;

(e)use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

(f)transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

(g)create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, violate the privacy rights of others; or

(h)provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.

Accuracy of and Access to Personal Information Collected

The Elby Privacy Policy and other related procedures for managing personal information are readily available to individuals and stakeholders on our corporate website. Any inquiries regarding the handling of personal information by Elby can be addressed by our Privacy Officer.

At the written and signed request of an individual, he or she may view or edit their personal information upon collection by Elby. Elby will determine what personal information the company encompasses, what it is being used for and where and to whom it has been disclosed. There may be exceptional circumstances, as provided by the CSA Model Code, under which Elby may not be able to give an individual access to the personal information about them held by Elby. In this case, Elby will explain the reason for this lack of access, as provided by the CSA Model Code.

Candidate Applicants

Regarding contract and temporary assignments: In keeping with our commitment to transparent business practices, please note that maintaining your contact details and other information on file does not in any way obligate us to attempt to place you on any work assignment in the future and is subject to the following:

  • If we do agree to attempt to place you on an assignment, and you are selected by the client, you will be provided with an agreement outlining the terms and conditions of your proposed assignment for your consideration and acceptance.
  • If we attempt to place you on an assignment and the client does not select you, we confirm that any agreement to place you shall immediately expire, with no further obligation on the part of either you or Elby.

Website Privacy

Information Automatically Recorded

Browsing through Elby’s corporate website may automatically record certain information into a log. This information is not able to personally identify you. The purpose of the log is to count the number of visits to specific pages. In turn, we are able to learn about the number of visitors to our site, what pages are of interest, in helping us make our site more useful to ultimately benefit our visitors.

Information Provided

If visitors choose to provide Elby with personal information through an email link or web form, the submitted information is used to respond to your message and to provide the service you have requested.

We do not collect personal information for any purpose other than to assist you in your job search. We only share your personal information with potential companies if your resume fits that job posting.

Moreover, we only provide your personal information to third-party agencies with your consent to be of further assistance in your job search.

From time-to-time, we may present our clients/candidates with the opportunity to participate in online surveys. The information obtained through our surveys is used in an aggregated, non-personally identifiable form. We use this information to help us better understand our clients/candidates and to enhance our service offerings.

You should be aware that web forms and the use of e-mail is not a secure means of transmission. If you would prefer not to use the Internet to communicate with us, please direct your inquiries to the address on our contact us page.

Questions

Any questions or comments about Elby’s handling of personal information should be directed to our Privacy Officer.