Website Privacy Policy Statement

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Purpose

LabourGains  recognizes the importance of protecting your privacy. This Website Privacy Policy and Cookie Notice (“Notice”) is intended to assist you in understanding LabourGains ’s data collection and handling practices and in making informed decisions and exercising your data privacy rights under applicable law when you:

• Use LabourGains ’s public website and other services to which this Notice is attached, or

• Interact professionally with LabourGains , including through LabourGains  social media accounts, and are not otherwise provided with a different privacy notice at the point of interaction (collectively, "Professional Interactions” )

Information on the Applicable Responsible Entity

Depending on the legal regulations in your country and the applicable laws to which you are subject, you may have the right to information on  LabourGains , which may differ depending on how and for what reason we collect your personal information through this Site or your professional interactions with LabourGains . LabourGains  collects your personal information directly from you, directly through your use of the Site or through certain third-party sources as identified in this Notice. LabourGains  may provide a level of data protection which is not equivalent to the level of data protection provided in your home country.

Your Acceptance Through Use

This Privacy Notice describes how LabourGains  collects, uses and discloses certain personal information obtained through this Site, your interactions with us on social media, and other professional interactions with you. Please note that, to the extent permitted by applicable law, your use of this Site signifies your understanding and acceptance of the terms of this Privacy Notice

2. Personal Information We Collect and Sources

Depending on how you interact with LabourGains , you may be a data subject as a user of our Site or as a business contact of LabourGains , having a professional interaction with LabourGains , such as a supplier, client, client employee, consultant, or business partner.

a. Data Collection from You

Depending on your use of the Site and Professional Interactions with LabourGains , we may collect and process the following types of personal information from you:

 

• Contact Information: such as your name, postal or e-mail address, and phone number

 

• Registration Data: such as such as newsletter requests, event/seminar registrations, subscriptions, downloads, and username/passwords
   

• Job Applicant Data: such as employment and educational history, relevant skills, professional certifications and affiliations, compensation history (where allowed by law) and any other information included in curriculum vitaes/resumés, online professional profiles, and job applications, opinions of references you provide, willingness to relocate, and, where allowed by law: test and assessment results, information about your outside activities or family relationships that may give rise to a conflict of interest and, information about criminal offense, conviction, pending investigations and administrative sanctions.

 

• Employee Onboarding Information: such as information necessary to form an employment or contractual relationship with the applicant and for legal compliance (such as Social Insurance Number, residency permits, and visas demonstrating the Right to Work), to processing payroll and provide employee benefits (such as bank account information, tax withholding elections, and beneficiary information), and disability or other data (where allowed by law) needed to provide workplace accommodations.

 

• Professional Relationship Information: such as business contact information, industry, job title or role, your primary LabourGains  contacts and record of interactions with LabourGains , information you provide to us which assist us in serving the business relationship, such as the types of investments you are interested in, and information you provide about your personal life (excluding special categories of data)
   

• Marketing Data: such as your interests and preferences in our products and services.
   

• Social Media Information based on your interactions with LabourGains -operated social media sites: such as your social media username, profile, and content of your interactions with, statements or opinions about LabourGains  or others in our industry, and aggregated usage reports.

 

• Cookie, Device, and Web Analytics Data:  such as your Computer Internet Protocol (IP) address, geo-location data, browser settings and similar data about the use of the Site, mobile device advertising identifier, and cookies and other data linked to a device.

 

b. Data Collection through Third Party Sources

To the extent permitted by applicable law, we may collect and process the following personal information about you from third party sources:

• Contact Information: such as your name, postal or e-mail address, and phone number. (The third parties who collect and share your Contact Information with us may include your employer, operators of property listing and other websites accessible from links within the Site, and other business partners. These third parties are independently responsible (also referred to as an independent data controller in some jurisdictions) for the collection and processing of your Contact Information for their own, independent purposes. We refer you to their privacy notices to understand their privacy practices and how to exercise any rights you may have).

 

• Job Applicant Data: such as employment and educational history, relevant skills, professional certifications and affiliations, compensation history (where allowed by law) and any other information included in curriculum vitaes/resumés, online professional profiles, and job applications and, where allowed by law: test and assessment results, and information about criminal offense, conviction, pending investigations and administrative sanctions.

 

• Marketing Data: such as your interest and preference in products and services similar to those offered by LabourGains . (The third parties who collect and share your Marketing Data with us may include companies in the business of compiling and selling marketing data and other business partners to whom you have provided your personal information. The third parties who collect and share your Marketing Data with us are independently responsible (also referred to as an independent data controller in some jurisdictions) for the collecting and processing of your Marketing Data for their own, independent purposes. We refer you to their privacy notices to understand their privacy practices and how to exercise any rights you may have).

 

• Social Media Information based on your interactions with third-party social media sites (including LabourGains ’s accounts on such third-party sites) such as:  your social media username, profile, and content of your interactions with, statements or opinions about LabourGains  or others in our industry, and aggregated reports about your interactions with LabourGains  's social media accounts.

 

• Third Party Advertisement Technical Data from advertisements we place on third party websites: such as your IP address, browser type and version, device identifiers, location and time zone setting

 

• Contact Information we collect from third parties such as your employer or other professional referrals:  such as your name, postal or e-mail address, and phone number.

 

c. Consequences of Not Providing Personal Information to Us

 

There is no statutory or contractual obligation requiring you to provide your personal information to LabourGains . The provision of your personal data is voluntary for you. You may choose not to provide your personal information to us, however, in this case, you may not be able to use our Sites and receive our services and/or to enable interaction with us. Also, the provision of your personal information may be necessary to allow us to perform a contract with you and/or to provide services to you. 

3. How We Use Your Information and Legal Bases

The purposes for which we use your personal information and the legal bases for such processing are as follows:

1. To Manage and Provide You Access to the Site

We process your Cookie, Device and Web Analytics Data to manage and provide you with access to the Site. We process this personal information where necessary based on the overriding legitimate business interest of LabourGains  or other third parties to provide you or your employer with access to the Site which we maintain for marketing and other business purposes, or based on your consent (if required by law).

1. To Communicate with You About Your Job Application and Determine Your Qualifications and Suitability for Open Positions

We process your Cookie, Device and Web Analytics Data to manage and provide you with access to the Site. We process this personal information where necessary based on the overriding legitimate business interest of LabourGains  or other third parties to provide you or your employer with access to the Site which we maintain for marketing and other business purposes, or based on your consent (if required by law).

1. To Carry Out and Manage the Employee On-Boarding Process

We process your Employee Onboarding Information to carry out and manage the employee on-boarding process if we offer and you accept employment with us. We use process this personal information where necessary to form an employment or contractual relationship with you and transfer this information to your personnel file for record-keeping purposes. We process your personal information where necessary to comply with LabourGains ’s legal obligations, including maintaining records, for pre-contractual purposes (e.g., to take steps at your request prior to entering into a potential employment relationship), for other overriding legitimate business interests of LabourGains  and/or based on your consent (if required by law).

1. To Transact Business and Maintain a Professional Relationship With You

We process your Contact Information and Professional Relationship Information to transact business and maintain a professional relationship with you or your employer. We process this personal information where necessary to take steps prior to entering into a contract with you (at your request), for the overriding legitimate business interests of LabourGains  or other third parties, such as to provide such requested services to you or your employer, or based on your consent (if required by law).

1. To Provide Relevant Marketing to You

We process your Contact Information, Registration Data, Marketing Data, and Third Party Advertisement Technical Data, and Cookie, Device, and Web Analytics Data to contact you about the services, offerings, events and newsletters in which you have expressed an interest or about similar offerings or services (including those of third parties such as business partners) and to better target our advertising and provide pertinent offers in which we think you would be interested. We process this personal information where necessary based on the overriding business interests of LabourGains  or other third parties (such as your employer or business partners) to keep you and our clients informed about our latest news, products and services and to better target our advertising to you, or based on your consent (if required by law).

1. To Maintain and Manage LabourGains ’s Brand Reputation – Social Media

We process your Social Media Information to maintain LabourGains ’s brand reputation through our presence on LabourGains  -operated and third party social media sites, including through Professional Interactions with you when you interact with our social-media channels. We process this personal information where necessary based on the overriding business interests of LabourGains  in maintaining and managing our brand reputation and based on your consent (if required by law).

1. To Operate, Evaluate and Improve Our Business

We process your Marketing Data, Professional Relationship Information, and Cookie, Device and Web Analytics Data to operate, evaluate and improve our business (including developing new products and services; managing our communications; determining the effectiveness of and optimizing our advertising; analyzing our products, services, websites, mobile applications and any other digital assets; facilitating the functionality of our websites, and mobile applications and any other digital assets). We process this personal information where necessary based on the overriding legitimate business interests of LabourGains  to operate and improve our business and based on your consent (if required by law).

1. To Comply With Legal Obligations And Establish, Exercise or Defend Legal Claims

To establish, exercise or defend our legal rights, to comply with lawful government requests for disclosure of personal information or otherwise to comply with legal obligations, we use any of the personal information we collect about you where legally permissible to do so. We process this personal information where necessary to comply with LabourGains ’s legal obligations or based on the overriding legitimate business interests of LabourGains  to exercise and defend legal claims or based on your consent (if required by law). If you object to us using information for these other uses you can email info@labourgains.com  

4. Sharing of Your Personal Information

Where we can do so lawfully under applicable law, the personal information we collect may be shared and processed with the following categories of recipients, some of whom may be located in a country that does not provide an adequate level of data privacy and protection rights as your home country, as necessary for the purposes identified above in How We Use Your Information And Legal Bases, above. LabourGains  has in place appropriate safeguards regarding internal personal information sharing.

• With Third Parties

The potentially relevant third parties include:

1. Service Providers who assist us with IT, cyber security, and data hosting providers, marketing, advertising and communications agencies, cookie analytics providers, online advertisers, and providers of website testing / analytics services.

 

1. Third Party Cookie Providers who may track your browsing activity on our Site using cookies to show you ads based on your interests when you browse the Web or use social media and for analytical purposes.

 

1. Consultants and advisors who assist us with legal, regulatory, and business operations activities, such as legal counsel, compliance consultants and business auditors.

 

1. Business partners in case of a merger or sale, such as if LabourGains  is merged with another organization, or in the event of a transfer of our assets or operations.

2. Legally Compelled Disclosure

It may be necessary disclose your personal information to third parties, such as courts, litigants, governmental agencies, and/or regulatory authorities when required to do so by law or necessary in connection with legal proceedings or similar processes, for example, in response to a court order or a subpoena  or other legal obligation, in response to legally-binding disclosure requests by public authorities, including to meet national security or law enforcement agency requirements, or in special cases when we have reason to believe that disclosing your personal information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (whether intentionally or unintentionally) our rights or property or to defend ourselves.
LabourGains  is committed not to disclose your personal information in response to a court order or a subpoena or other legal obligation originating outside your home country unless it is legally compelled to do so.

5. How We Secure Your Personal Information

We implement appropriate technical and organizational security measures to safeguard the personal information we collect and process about you against loss and unauthorized alteration or disclosure. The information you provide is encrypted in transit and at rest. We utilize role-based access controls to limit access to your personal information on a strict need-to-know basis consistent with the purposes for which we have collected such information. We utilize anti-malware and intrusion detection systems to guard against unauthorized access to our network, and we have an incident response plan in place to quickly respond to any suspected leak or breach of personal information.

Where we share your personal information with our service providers, we have assessed that their technical and organizational measures provide an appropriate level of security.

6. How Long We Keep Your Personal Information:

We will only retain the personal information we collect about you for as long as necessary for the purpose for which that information was collected, and to the extent permitted by applicable laws. We take steps to ensure that when we no longer need to use your personal information, we remove it from our systems and records and/or take steps to anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which we are subject).

7. Your Privacy Rights

a. Marketing Communications - Rights to Opt-out and to Object

When you register on our Site, we may ask you to select whether you would like to receive electronic communications from LabourGains , such as offers, news, reports and other promotional communications. In compliance with Canadian Anti-Spam Laws (CASL) you may withdraw your consent or opt-out of receiving such communications at any time by contacting LabourGains  as described below or following the Opt-Out or unsubscribe instruction contained in the body of any marketing electronic communication from us.

Additionally, where we process your personal information for marketing purposes relying on our legitimate interests you will have the right to object to such processing at any time. Please be aware that where you object to this sort of processing it may affect our ability to carry out tasks as listed in this Notice.

b. Contact Details – Marketing Communications

Irrespective of the LabourGains  entity that is responsible for the processing of your personal data and the marketing communication, you may contact us centrally as stated below and we will ensure that the responsible LabourGains  entity receives your request relating to marketing communication and implements it promptly:

(i) by sending an e-mail at info@labourgains.com, including a copy of the e-mail you have received and by typing “Remove” in the subject line of your e-mail

 

(ii) by telephone, at +1-833-326-0833 or,

(iii) by mail, at LabourGains ., 2772 South Main St. Penticton, BC, V2A 7G2, Attention: Privacy Officer, Data Privacy

Your election not to receive newsletters or promotional and marketing correspondence may not affect other processing activities that would still be permitted under applicable law, such as providing you with transactional communication.

c. Requesting Access to Your Personal Information and Other Rights

Depending on the legal regulations in your country and the applicable laws to which you are subject, you may have all or some of the following rights set out below. LabourGains  will respond to your request comprehensively.

 

1. Right of access: You may have the right to obtain from LabourGains  confirmation as to whether your personal information is being processed, and, where that is the case, to request access to your personal information. You may have the right to obtain a copy of your personal information undergoing processing. For additional copies requested by you, LabourGains  may charge a reasonable fee based on administrative costs. 

 

1. Right to rectification: You may have the right to obtain from LabourGains  the rectification of inaccurate personal information concerning you.

 

1. Right to erasure (right to be forgotten): You may have the right to ask us to erase your personal information, in which case LabourGains  has to comply.

 

1. Right to restriction of processing: You may have the right to request the restriction of processing your personal information.  

 

1. Right to data portability: You may have the right to receive your personal information which you have provided to LabourGains  in a structured, commonly used and machine-readable format and you may have the right to transmit those personal information to another entity without hindrance.

 

1. Right to withdraw consent: If you have declared your consent for any personal information processing activities, you have the right to withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. This right to withdraw consent applies in particular to consents given for marketing and profiling purposes, if any.

 

1. Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal information by LabourGains , and LabourGains  can be required to no longer process your personal information unless LabourGains  demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.  The right to object may, in particular, not exist if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.

 

1. Right to information on the possibility to withhold consent and information on the consequences of doing so.

 

1. Right to information on third parties with whom we have shared your data.

 

1. Right to lodge a complaint with the competent data protection authority in your home country or in the country Canada. 

8. Changes to this Notice

We are a rapidly evolving business. We will continue to assess this Notice against new technologies and services, business practices as well as our clients’ needs, and make changes to this Notice from time to time as required. If we make any material changes to this Notice, we will make changes here and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Notice changes). Where required, we will obtain your consent.

9. Data Protection Officers

We have appointed, in accordance with local law, data protection officer (“DPO”), you may contact the DPO Brendan@labourgains.com  

10. Cookie Notice – Automatic Data Collection

We use cookies and similar technologies on our Site and our cookie preference center allows you to restrict our use of cookies other than Required Cookies.

What is a Cookie

A cookie is a small text file that a website stores on your personal computer, telephone or any other device, with information about your navigation on that website. Cookies serve various purposes such as allowing you to navigate between pages efficiently, remembering your preferences, analyzing the use of our Site, generally improving the user experience, and ensuring that the advertisements you see online are more relevant to you and your interests. A cookie contains the name of the server it came from, the expiry of the cookie, a value – usually a randomly generated unique number as well as other data relating to your use of our Site. Depending on the applicable data protection law such information and data may qualify as personal information.

Cookies Used by Us

How We Use Cookies

We use session cookies, which are temporary cookies that are erased from your device’s memory when you close your Internet browser or turn your computer off, and persistent cookies, which are stored on your device until they expire, unless you delete them before that time. We group cookies on our site into three categories.

• Required cookies: These cookies are necessary to enable the basic features of this Site to function, such as identifying you as a valid user, ensuring that no one else can sign on simultaneously with your account from another computer and helping us serve you better based on your registration preferences. These cookies may also be used to remember and honor your cookie preferences via our cookie preference center.

 

• Functional cookies: These cookies allow us to analyze your use of the Site to evaluate and improve our performance. They may also be used to provide a better customer experience on this Site. For example, providing us information about how our Site is used and helping us facilitate any promotions or surveys that we provide.

 

• Advertising cookies: These cookies may be used to share data with advertisers so that the ads you see on our Site or on third party websites are more relevant to you, allow you to share certain pages with social networks, or allow you to post comments on our Site.
   

Consent Requirements

Depending on the applicable data protection law, we may only place and use functional cookies and advertising cookies if you have given your consent via our cookie banner.

Performance Tracking via Similar Tracking Technologies

We sometimes use performance tracking technologies, such as web beacons, pixel and tags, within our marketing emails or within advertisements displayed on our Site or third party websites. These performance tracking technologies may be provided by us or by third parties and they help us to track whether an email recipient has completed an event, such as signing up for a free trial for example, or a user has clicked on advertisement. Further information on the performance tracking technologies used in our marketing emails and on our Site or third party websites are available via the link "Cookie Preferences" on the button of our Site. Please click on "Detailed Settings" in the sections on functional cookies and advertising cookies.

Do Not Track

We currently do not respond to “Do Not Track” signals from your browser. Our use of tracking technologies may instead be controlled through our cookie preference center.

Disabling and Preventing Further Use of Cookies

In addition to restricting cookies in our cookie preference center, you may restrict, block or delete the cookies from this Site at any time by changing the configuration of your browser. You can find out how to do this, and find more information on cookies, at https://www.allaboutcookies.org/. In addition, while each browser has different settings and configurations, cookies settings can typically be adjusted in the "Preferences" or "Tools" menu of your browser. Your browser’s "Help" menu may provide additional information. Note, however, that deleting or blocking Required Cookies will cause the Site to not function properly.

Contact Us

You are always free to contact us if you have questions or concerns regarding this Notice, have a question or problem related to your use of the Site, or wish to exclude your personal information from our direct marketing purposes. Our standard business practice is to retain any communications from our Site visitors to help us to serve each of you better.

You may contact us by emailing info@LabourGains.ca or by writing to us at 2772 South Main St. Penticton, BC, V2A 7G2, Attention: Privacy Officer, Data Privacy.

We may contact you by email in relation to any questions and concerns you raise. If you prefer us to contact you in an alternative manner, please let us know and we will accommodate your request if possible and appropriate.