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Energy Safety Canada's Privacy Policy
(last updated June 14, 2023)
1.0 About this Policy
1.1 Purpose
At Energy Safety Canada (“ESC”), we take the issue of safeguarding privacy very seriously. We respect and are committed to protecting the confidentiality and security of Personal Information entrusted to us and ensuring that all Personal Information we hold is collected, used and disclosed in compliance with all applicable federal and provincial privacy requirements where ESC operates (“Privacy Legislation”).
Canada has two federal privacy acts - the Privacy Act and the Personal Information Protection and Electronic Documents Act. Alberta has the Freedom of Information and Protection of Privacy Act and Personal Information Protection Act. British Columbia has the Freedom of Information and Protection of Privacy Act and Personal Information Protection Act. Saskatchewan has the Freedom of Information and Protection of Privacy Act and the Local Authority Freedom of Information and Protection of Privacy Act.
The purpose of this Privacy Policy is to explain how ESC handles Personal Information to ensure its confidentiality, security and accuracy.
1.2 Meaning of Personal Information
Within this Privacy Policy, "Personal Information" means information about an identifiable individual. Personal Information does not include publicly available information such as a public directory listing of an individual's name, address or phone number; business contact information such as an individual's name, position name or title, business telephone number, business address, business e-mail, business fax number and other similar business information; or aggregated information that cannot be associated with a specific individual.
1.3 Scope
This Privacy Policy applies to our collection, use and disclosure of Personal Information. This Privacy Policy does not impose any limits on ESC’s collection, use or disclosure of business contact information as described above, or certain publicly available information.
1.4 Target Audience
This Privacy Policy applies to ESC and individuals who enrol in ESC courses, programs, webinars and conferences. In addition, contractors, consultants, agents, auditors, and other third-party service providers are bound to comply with this Privacy Policy and ESC's practices governing the protection of Personal Information and privacy.
2.0 Policy
2.1 Accountability
This Privacy Policy applies to ESC and individuals who enrol in ESC courses, programs, webinars and conferences. In addition, contractors, consultants, agents, auditors, and other third-party service providers are bound to comply with this Privacy Policy and ESC's practices governing the protection of Personal Information and privacy.
ESC is responsible for safeguarding Personal Information in its possession or control. Responsibility for ensuring compliance with the provisions of this Privacy Policy rests with the designated Chief Privacy Officer of ESC (the “CPO”). The CPO is responsible for the following:
- overseeing ESC's compliance with this Privacy Policy;
- implementing procedures to protect Personal Information;
- implementing procedures to receive and respond to inquiries and complaints regarding ESC’s handling of Personal Information;
- training and communicating with staff about ESC's Privacy Policy and procedures; and
- developing employee and student communications to explain ESC's Privacy Policy and practices.
2.2 Personal Information Collected
2.2.1 Information that we collect directly from you
ESC may collect some or all of the following Personal Information directly from you:
- Name (legal and preferred name, if different)
- email address
- phone number
- date of birth
- photograph (for the purposes of proctoring an online exam or issuing a student credential card with your photograph)
- mail address
- employer’s name, if applicable
- driver’s license number, class and province issued, if applicable to the course (for example, driver courses)
- government-issued identification
2.2.2 Information collected through our website
ESC may also collect Personal Information indirectly through its website (see below).
2.3 Purposes for Collection, Use and Disclosure
ESC collects, uses and discloses Personal Information for the following purposes:
- verify an individual's identity;
- process a payment or invoice;
- provide a product or service that ESC offers;
- register an individual in a course and/or determine an individual's eligibility to register in a course whether such course is offered directly through ESC or through an ESC authorized training provider;
- provide information to ESC authorized training providers regarding student registration in courses;
- provide the instructor and/or participants in a class or event with a list of attendees;
- provide an individual with an ESC certificate regarding a completed course;
- provide an individual with promotional/marketing materials as it relates to ESC's business, in accordance with applicable laws;
- provide access for industry participants and their respective member organizations to verify student certification in accordance with ESC authorized certificate search policies;
- operate, maintain and improve ESC’s website and services;
- provide Personal Information to third-party suppliers of products and services (as discussed in more detail below);
- protect ESC, yourself and others from fraud and error and to safeguard ESC’s business interests;
- collect debts owed to ESC;
- comply with legal and regulatory requirements; and
- disclose to third parties including financial institutions, payment processors, lawyers and government licensing bodies for any of the above purposes.
The collections, uses and disclosures listed above are a reasonably necessary part of your relationship with us.
In accordance with Privacy Legislation, ESC will identify and document any new purposes for which previously collected Personal Information may need to be used and disclosed and obtain the consent of the individual where applicable.
2.4 Disclosure of Information; Service Providers; Cross-Border Transfers
ESC will not share your Personal Information with any third party except as indicated in this Privacy Policy or as permitted or required by law. ESC will not sell your Personal Information to any third party.
2.4.1 Important Exceptions
ESC may disclose your Personal Information to a third party without your consent if permitted or required by applicable law. ESC may also disclose your Personal Information, in accordance with applicable law, in connection with a corporate re-organization, a merger or amalgamation with another entity, or a sale of all or a substantial portion of ESC’s assets provided that the acquiring entity continues to use the disclosed information solely for the purposes permitted by this Privacy Policy.
2.4.2 Service Providers
ESC may retain agents, subcontractors or service providers from time to time in relation to our business or the products or services that ESC provides. If ESC requires a service provider to deal with your Personal Information, ESC will take reasonable steps to ensure that the service provider adheres to privacy procedures and will keep your Personal Information confidential.
2.4.3 Cross-Border Transfers
ESC’s service providers may be located in different jurisdictions inside and outside of Canada. Any Personal Information collected by ESC may be stored and processed in Canada or the United States where ESC or its service providers operate. When Personal Information is provided to a service provider, ESC requires the service provider only use the Personal Information for the purpose for which it was disclosed and to protect and handle the Personal Information in a manner consistent with this Privacy Policy. You acknowledge that Personal Information may be processed and stored in foreign jurisdictions with different privacy laws, and that the governments, courts or law enforcement or regulatory agencies in those jurisdictions may be able to obtain disclosure of that Personal Information through the laws of the foreign jurisdiction.
2.5 Consent
ESC will seek consent to use and disclose Personal Information at the same time it collects the information or in accordance with Privacy Legislation, except where ESC is authorized or required by law to collect and use Personal Information without consent. In determining the appropriate form of consent, ESC will take into account the sensitivity of the Personal Information, the reasonable expectations of the individuals involved, and the requirements of Privacy Legislation.
You may withdraw consent to the collection, use and disclosure of Personal Information in accordance with this Privacy Policy at any time upon reasonable notice to ESC in writing, subject to legal or contractual restrictions. Your withdrawal of consent may affect ESC's ability to continue to provide you with the products and services that you have or would like to receive. If you notify ESC that you withdraw consent, ESC will inform you of the likely consequences of that withdrawal of consent.
2.6 Limiting Collection of Personal Information
ESC will collect, use and disclose Personal Information in accordance with Privacy Legislation and will limit the amount and type of Personal Information collected to that which is necessary to fulfill identified purposes. ESC collects Personal Information primarily from its employees and students, but ESC may also collect Personal Information from other sources to meet the requirements of its business. ESC may also collect Personal Information as required or permitted by applicable law.
2.7 Limiting Use, Disclosure, and Retention of Personal Information
ESC will only use or disclose your Personal Information for the purposes set out above and as required or permitted by law.
ESC will keep Personal Information only as long as it remains necessary or relevant for the identified purposes or as required by law. Specifically, as an educational institution certifying individuals and companies in safety training, ESC retains all Personal Information on students who have completed an ESC course and have been certified as passing or completing the course for as long as necessary for the applicable course.
ESC will maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to Personal Information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information will be destroyed, erased or made anonymous.
ESC will maintain a record of the third parties that Personal Information is disclosed to in accordance with this Privacy Policy.
2.8 Accuracy of Personal Information
ESC will make a reasonable effort to ensure that Personal Information we are using or disclosing is accurate and complete.
If you demonstrate the inaccuracy or incompleteness of Personal Information, ESC will amend the information as required. If appropriate, ESC will send the amended information to third parties to whom the information has been disclosed.
If a challenge regarding the accuracy of Personal Information is not resolved to your satisfaction, ESC will annotate the Personal Information under its control with a note that the correction was requested but not made.
2.9 Security Safeguards
ESC will use its reasonable commercial efforts to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, use, modification or destruction, through reasonable security measures. The nature of the safeguards will vary depending on the sensitivity of information collected.
ESC will take reasonable measures, through contractual or other reasonable means, to seek to ensure that its suppliers and agents who assist in providing services implement a comparable level of protection.
ESC will take all reasonable steps in the disposal or destruction of Personal Information to seek to prevent unauthorized parties from gaining access to the Personal Information.
However, no method of transmission over the Internet, or method of electronic storage, is completely secure. As such, despite ESC’s safeguards and protocols, ESC cannot fully guarantee the security of your Personal Information and you should always exercise caution when disclosing personal information over the Internet.
2.10 Individual Access to Personal Information
You have a right to access your Personal Information held by ESC.
Upon written request, ESC will provide you with the opportunity to review your Personal Information that ESC has collected, in accordance with the requirements of Privacy Legislation. ESC will advise you in advance of any charges for retrieval, reproduction or delivery of the Personal Information requested.
ESC may need to request specific information from you to help ESC confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.
In certain situations, as specified in Privacy Legislation, ESC may not be able to provide access to all the Personal Information that it holds about an individual. For example, ESC may not provide access to information if doing so would likely reveal Personal Information about a third party or could reasonably be expected to threaten the life or security of another individual. Also, ESC may not provide access to Personal Information if disclosure would reveal confidential commercial information; if the information is protected by solicitor client privilege; if the information was generated in the course of a formal dispute resolution process; or, if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law.
If ESC refuses an access request, ESC will notify you in writing, document the reasons for refusal and outline further steps which are available to you.
You can obtain information or seek access to your Personal Information by contacting the CPO.
2.11 Updates to this Policy
ESC may occasionally update this Privacy Policy to ensure ongoing compliance with applicable laws and for any other purpose that ESC deems reasonably necessary. You can tell if the policy has changed by checking the “last updated” date that appears at the top of this policy.
If ESC makes any material changes, ESC will notify you directly or by posting a notice on ESC’s website or platform. Any change to this Privacy Policy will apply to existing Personal Information, as well as Personal Information collected after the revision date. Where required by applicable law, ESC may need to ask you to confirm your consent to the processing of your Personal Information.
ESC encourages you to periodically review the Privacy Policy for the latest information on ESC’s privacy practices and to ensure you are aware of any changes.
3.0 Website Privacy Practices
3.1 How ESC Collects Information from the ESC Website
When an individual visits the ESC website, no personally identifiable information is collected unless the individual consents to that collection. The ESC website collects non-personally identifiable information as set out below.
3.2 Non-personally Identifiable Information
Information from visitors to the ESC website is not tracked on an individual basis; but rather, the information is collected on an aggregate basis that includes all site visitors. Any visit to the ESC website automatically generates session log data consisting of the Internet Protocol (IP) address from which the connecting computer came (which contains no personal information), the website that referred the computer to the ESC website, the pages that are visited by the user, the date and time of those visits; and the amount of time spent on the ESC website. ESC uses this information to perform analytics on users' experience while using the site and to improve the functionality of ESC's website to better meet user wants and needs; identify popular features; measure site activity including peak site usage times; and page visits and click throughs. These site metrics may be shared with ESC's affiliated service providers and others.
3.3 Cookies, Web Beacons and Advertisements
The ESC website uses "cookies", web beacons/GIF/pixel tags, and third-party advertising networks that use ads and other tracking technologies to collect aggregate or other non- personally identifiable information to develop website metrics and improve a user's online experience.
The ESC website may use session and/or persistent cookies to track user movement or other events across the website and the website of franchisees and business partners. A "cookie" is a small text file that helps ESC to improve the functionality of a user's visit to the ESC website. Several different types of cookies are used by the ESC website. A session cookie is stored only on a visiting computer's working memory (RAM) and only lasts for an individual's browsing session. When an individual closes all of the browser's windows or shuts down their computer, the session cookie disappears forever. A persistent cookie is stored on an individual's computer hard drive until a specified date. Persistent cookies stay on an individual's computer until they expire, they are overwritten by new cookies, or the individual manually removes them. Most browsers can be configured not to accept cookies; however, this may prevent a user from having access to some site functions or features.
The ESC website may use web beacons/GIF/pixel tags to help determine site metrics such as if a page has been viewed and how many times. In general, any electronic image viewed as part of a web page can act as a web beacon. When an individual requests information on a course or a newsletter, ESC may also use web beacons to establish how many of the emails are actually opened.
3.4 Collection and Use of Personally Identifiable Information on ESC's Website
There are instances where ESC requests Personal Information on the ESC website in order to provide the user with a service, information on a course, a newsletter or where a user participates in interactive online activities such as course registration. ESC may conduct voluntary online surveys to obtain a user's feedback. ESC requests e-mail addresses as a means of contacting a user if the user wishes to obtain ongoing information from ESC.
3.5 Links to other Websites
The ESC website may contain links to other websites. ESC encourages users to review the privacy statements of all sites which a user visits, including those whose links are provided, so that a user can understand how those sites collect, use and share a user's information. ESC is not responsible for the privacy statements, content or data handling practices on other websites.
3.6 How ESC Uses and Discloses Information Collected from ESC's Website
Information collected from our website will only be used and disclosed in accordance with this Privacy Policy.
3.7 Security and Accuracy of Information
When a user sends personal information to the ESC website, ESC uses "Secure Socket Layers" (SSL) to protect the user's data. SSL is encryption technology that helps safeguard personal information against misuse by unauthorized individuals.
4.0 Website Privacy Practices
Any inquiries, complaints or questions regarding this Policy or ESC’s privacy practices should be directed in writing to our CPO as follows:
Chief Privacy Officer: Steve Suto, Vice President, Business Services and Chief Privacy Officer
E-mail: Privacy.Officer@EnergySafetyCanada.com
Address: Energy Safety Canada
150 – 2 Smed Lane SE
Calgary, Alberta T2C 4T5
ESC will, on request, provide information regarding our complaint procedures.