Terms & Conditions

3. Access to Personal Information

Upon receipt of a written request for access to an individual’s own personal information, FPSC shall provide a right of access, subject to PIPEDA, to:

• Any personal information about the individual requestor contained in a personal information bank; and/or
• Any other personal information under the control of FPSC where the individual is able to provide enough information on the location of the information as to render it reasonably retrievable.
  

  Individuals who are given access to their personal information for an administrative purpose may:

• Request that the personal information be corrected where the individual believes there is an error or omission;
• Where a correction was requested but not made, require that a note be attached to the information;
• Request to be notified of any correction or notation made to the information;
• Require that any person or body to whom that information has been disclosed be notified of the correction or notation within two years of the time the correction/notation is made;
• Where the disclosure is to a government institution, request that the institution makes the correction or notation on any copy of the information under its control.

3.1 Refusal of Access to Personal Information

FPSC may refuse to provide access to personal information, as provided by PIPEDA, where such information, among other circumstances:

• Is subject to solicitor-client privilege;
• Is part of, or relates to, an investigative record where disclosure could be injurious to the enforcement of a federal, provincial or territorial law or the conduct of investigation; and/or
• Where disclosure threatens the safety of individuals.

3.2 Responsibility

All FPSC employees who collect maintain and/or use personal information are responsible for  ensuring that the collection, use and disclosure of this information is carried out in accordance with this policy and relevant procedures. The Privacy Officer is responsible for ensuring compliance with the law and for initiating development of procedures, guidelines and schedules to bring this policy into effect.

4. Internet Security

FPSC websites use state-of-the-art advanced encryption, firewall and other technology to ensure the security of personal information. Although FPSC will make every reasonable effort to protect personal information from loss, misuse or alteration by third parties, Internet users should be aware that there is always some risk involved in transmitting personal information over the Internet.

4.1 Privacy on the Internet

The following applies to all FPSC websites:

• FPSC respects the privacy of its Internet users and will protect that privacy by all means reasonable and necessary under PIPEDA and the GDPR.
• FPSC does not collect information that personally identifies individuals except when individuals provide such specific information on a voluntary basis. In all such cases, FPSC will collect only such information as is voluntarily provided by the individual and will undertake to keep such information strictly confidential. Individual information provided to FPSC for the purpose of gaining access to any FPSC website will not be sold or made available to a third party.
• FPSC reserves the right, however, to perform statistical analyses of user behaviour and characteristics in order to measure interest in and use of the various sections of its sites  to improve design and navigation and to gather marketing information. Only aggregated data from these analyses (not individual data) will be used for this purpose.

5. Data we Collect

The data we collect comes from you directly, such as information you enter yourself, participation in courses, email addresses associated to your accounts, and subscriptions to FPSC member promotions. We also collect some data automatically, such as analytics about how you use FPSC products and services, popular search terms, purchase information and time spent viewing our online content.

5.1 Data you provide to us

The following applies to all FPSC websites:
Data that is collected from you or about you depends on your interactions with our services. Here we have defined some examples to give you a better understanding of what data we collect and why.
When you purchase a course and create an account with our Learning Management System (LMS) we collect any data you provide directly such as:
Account Data: Purchasing a course or being enrolled in a course on behalf of your employer or academic institution requires us to be provided with your first and last name, as well as a valid email address for the purpose of contacting you and troubleshooting any issues you may encounter with our systems.
Profile Data: You can choose to provide a photo for you profile with us and are able to change your contact information at any time. Your data will only be visible to system administrators and in the case of a student instructor relationship your data will be visible also to your instructor for marking, progress tracking and communication purposes.
Course Data: When you enroll in and take courses, we collect certain data including which courses, assignments and quizzes you’ve started and completed; your exchanges with instructors, teaching assistants, and other students; and essays, answers to questions, and other items submitted to satisfy course requirements.

5.2. Data We Collect through Automated Means

When you access the Services (including browsing courses), we collect certain data by automated means, including:
System Data: Technical Data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser language, domain and other systems data, and platform types (“System Data”).
Usage Data: Usage statistics about your interactions with the Services, including courses accessed, time spent on pages or the Service pages visited, features used, your search queries, click data, date and time, and other data regarding your use of the Services (“Usage Data”).
Approximate Geographic Data: An approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address.
The data listed above is collected through the use of server log files and tracking technologies, as detailed in the “Cookies” section below. It is stored by us and associated with your account.

5.21 Cookies

Certain non-personal information and data may be automatically collected by FPSC through the operation of “cookies” (small text files that identify an individual computer’s browser entering a website). Cookies allow the site to track a browser’s movement through the site over several sessions. Through cookies, a website can recognize repeat users, facilitate users’ access to and use of a site, and allow the site to track usage behaviour that will allow content improvements. FPSC uses cookies only for the above-mentioned purposes and will not use them to identify users or to track non-FPSC usage.
Users who do not want cookies placed on their computer by FPSC may disable cookies by modifying the Preferences section of their web browser. Note that if cookies are disabled, some aspects of FPSC websites may be unavailable. Users who enable cookies on their computer and want to see them can modify the cookie warning section by turning on a warning prompt.

For more information about how FPSC uses a third-party service to collect and use information on its websites, visit the Nielsen Web Analytics Privacy and Cookie Policy website at http://www.nielsen-netratings.com/privacy/sitecensus.htm.

5.3 Analytics

We use third-party browser and mobile analytics services like Google Analytics and Jetpack. These services use Data Collection Tools to help us analyze your use of the Services, including information like the third-party website you arrive from, how often you visit, events within the Services, usage and performance data, and where the application was downloaded from. We use this data to improve the Services, better understand how the Services perform on different devices, and provide information that may be of interest to you.
Google currently offers a free Google Analytics Opt Out Tool for Internet Explorer, Google Chrome and Mozilla Firefox.

5.4 What we use your information for

We use third-party browser and mobile analytics services like Google Analytics. These service use Data Collection;

∙ To Administer Promotions and Surveys: we may share your data as necessary to administer, market, or sponsor promotions and surveys you choose to participate in, as required by applicable law (like to provide a winners list or make required filings), or in accordance with the rules of the promotion or survey.

∙ For Advertising

∙ For Security and Legal Compliance: We may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:

∙  

o Permitted or required by law;

o Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;

o Reasonably necessary as part of a valid subpoena, warrant, or other l legally valid request;

o Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal agreements;

o Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or

o Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of FPSC , our users, employees, members of the public, or our Services.

o We may also disclose data about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy.

∙ During a Change in Control: If FPSC undergoes a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may share, disclose, or transfer all your data to the successor organization during such transition or in contemplation of a transition (including during due diligence).

∙ After Aggregation/De-identification: we can disclose or use aggregate or de-identified data for any purpose.

With Your Permission: with your consent, we may share data to third parties outside the scope of this Privacy Policy.

5.5 Your Choices About the Use of Your Data

You can choose not to provide certain data to us, but you may not be able to use certain features of the Services.

∙ To stop receiving promotional communications from us, you can opt out by using the unsubscribe mechanism in the promotional communication you receive or by changing the email preferences in your account. Note that regardless of your email preference settings, we will send you transactional and relationship messages regarding the Services, including administrative confirmations, order confirmations, important updates about the Services, and notices about our policies.

∙ The browser or device you use may allow you to control cookies and other types of local data storage. Your wireless device may also allow you to control whether location or other data is collected and shared. You can manage Adobe’s LSOs through their Website Storage Settings panel.

∙ To get information and control cookies used for tailored advertising from participating companies, see the consumer opt-out pages for the Network Advertising Initiative and Digital Advertising Alliance, or if you’re located in the European Union, visit the Your Online Choices site. To opt out of Google’s display advertising or customize Google Display Network ads, visit the Google Ads Settings page. To opt out of Taboola’s targeted ads, see the Opt-out Link in their Cookie Policy.

∙ To opt out of allowing Google Analytics to use your data for analytics or enrichment, see the Google Analytics Opt-out Browser Add-on.

5.6 Privacy Standards

FPSC’s privacy standards are based on the Canadian Standards Association’s Model Code for the Protection of Personal Information (the “Model Code”). Part 4 of the Model Code is Schedule 1 of PIPEDA. It addresses: the ways in which organizations collect, use and disclose personal information; the rights of individuals to have access to their personal information; and the right to have it corrected, if necessary. The Model Code’s 10 principles are:

∙ Accountability: An organization is responsible for personal information under its control and shall designate an individual or individuals who are accountable for the organization’s compliance with these principles.

∙ Identifying purposes: The purposes for which personal information is collected will be identified by the organization at or before the time the information is collected.

∙ Consent: The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except where inappropriate.

∙ Limiting collection: The collection of personal information will be limited to that which is necessary for the purposes identified by the organization. Information will be collected by fair and lawful means.

∙ Limiting use, disclosure and retention: Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information will be retained only as long as necessary for the fulfilment of these purposes.

∙ Accuracy: Personal information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

∙ Safeguards: Personal information will be protected by security safeguards appropriate to the sensitivity of the information.

∙ Openness: An organization will make readily available to individuals’ specific information about its policies and practices relating to the management of personal information.

∙ Individual access: Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information. An individual may challenge the accuracy and completeness of the information and have it amended as appropriate.

∙ Challenging compliance: An individual may address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for the organization’s compliance.

6. Definitions

PIPEDA (Personal Information Protection and Electronic Documents Act) – An Act to extend the present laws of Canada that protect the privacy of individuals and that provide individuals with a right of access to personal information about themselves (Privacy Act, chap. P-21).

Personal information – Information about an identifiable individual that is recorded in any form. Specific exceptions exist for the purpose of requests through the Access to Information Act, R.S.C. 1985, c. A-1.

The GDPR is a regulation adopted by the European Union governing personal data use and protection. Even though the GDPR is a regulation for the European Union, its scope includes any business that processes the personal data of citizens of the European Union, even if they do not physically operate in the EU.

The GDPR outlines six principles to govern the protection of data. According to the GDPR, personal data must be:

o processed lawfully, fairly, and transparently.

o adequate, relevant, and limited to what is necessary for processing.

o accurate and kept up to date.

o kept in a form such that the data subject can be identified only as long as is necessary for processing.

o processed in a manner that ensures its security.

∙ and can only:

o be collected for specified, explicit, and legitimate purposes.

∙ All citizens of the European Union are granted these rights under the GDPR in relation to their personal information:

o The right to be informed

o The right of access

o The right to rectification

o The right to erasure

o The right to restrict processing

o The right to data portability

o The right to object

o Rights in relation to automated decision making and profiling

∙ An organization has the responsibility to ensure that these rights are upheld.

Please read these Terms and Conditions carefully before using these Sites owned by FPSC (Last Updated Dec 2019): www.agrifoodprocessing.ca, www.canadianfoodprocessorsinstitute.ca, www.canadianfoodprocessorsinstitute.com, www.certifiedhaccpprofessional.ca, www.certifiedhaccpprofessional.com, www.foodcareers.ca, www.foodhrcouncil.ca, www.foodhrcouncil.com, www.foodprocessingcareers.ca, www.foodprocessinghrcouncil.ca, www.foodprocessinghrcouncil.com, www.foodprocessinginstitute.ca, www.foodprocessingjobs.ca, www.foodprocessingskillscanada.ca, www.foodprocessingskillscanada.com, www.foodprocessorsinstitute.ca, www.foodprocessorsinstitute.com, www.foodprocessinginstitute.ca, www.foodprocessorsinstitute.com, www.fphrc.ca, www.fphrc.com, www.fpsct-ctac.ca, www.fpsc-ctac.com, www.fundingforhiring.ca, www.fundingforhiring.com, www.innovationsroadmap.com, www.jobsinfood.ca, www.monctacmembership.com, www.myfpscmembership.com, www.mysawlogin.ca, www.mysawlogin.com, www.succeedatwork.ca, www.succeedingatwork.ca, www.speakingfood.ca, www.speakingfood.com, www.swpp-fpsc.com, www.swpp-fpsc.ca.

Food Processing Skills Canada (FPSC) may revise and update these Terms and Conditions at any time. Your continued usage of the FPSC websites (“FPSC” or the “Sites”) will mean you accept those changes.

7. Terms of Use

The contents of the FPSC Sites, such as text, graphics, images, information obtained from FPSC licensors and other material (“Content”) contained on the FPSC Sites is for informational purposes only.

7.1 Copyright and Use of Content

FPSC authorizes you to view or download a single copy of the material on the FPSC Sites solely for your personal, non-commercial use if you include the following copyright notice: “Copyright ©, Food Processing Skills Canada, 201-3030 Conroy Road, Ottawa, ON, K1G 6C2, 2018 all rights reserved” and other copyright and proprietary rights notices which were contained in the Content. Any special rules for the use of certain software and other items provided on the FPSC Sites may be included elsewhere within the Sites and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both Canadian and foreign laws. Title to the Content remains with FPSC or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of FPSC. All rights not expressly granted herein are reserved to FPSC and its licensors.

The materials provided by the FPSC to you may be borrowed for review but such materials and confidential information may not be copied or distributed in any way, shape or form by any medium whatsoever without the express written consent of the FPSC. You further agree that no materials and confidential information provided by the FPSC to you shall be made available electronically by posting on your website or any other website without the express written consent of the FPSC.

For the purposes of this agreement, materials refers to any FPSC licensed products which may include but without limiting the generality of the foregoing is not limited to training materials and any other related documentation of any nature or kind whatsoever. Materials shall, also, include any documents or electronic materials for which the FPSC has obtained a copyright and shall, also, include any information of a confidential nature provided by the FPSC to the Contractor.

You must acknowledge that money damages would not be a sufficient remedy for any breach of the present agreement by you and you acknowledge the FPSC shall be entitled at its option to additionally seek specific performance, injunctive or other equitable relief as a remedy for any such breach. No failure or delay by the FPSC in exercising any right, power or privilege hereunder shall operate as a waiver hereof.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates.

7.2 Liability of FPSC and its Licensors

The use of the FPSC Sites and the Content is at your own risk.

When using the FPSC Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of FPSC and its suppliers. Accordingly, FPSC assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the FPSC Sites.

The FPSC Sites and the Content are provided on an “as is” basis. FPSC, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Specifically, FPSC, its licensors and its suppliers make no representations or warranties about the accuracy, reliability, completeness, how current or the timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the FPSC Sites or FPSC.

In no event shall FPSC, its licensors, its suppliers or any third parties mentioned on the FPSC Sites be liable for any damages, (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the FPSC Sites or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not FPSC is advised of the possibility of such damages.

7.3 User Submissions

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Sites by electronic mail or otherwise will be used by FPSC in accordance with the Sites’ Privacy Policy. All other remarks, suggestions, ideas, graphics, or other information communicated to FPSC through or by reason of these Sites will forever be the property of FPSC.

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of these Sites, you agree that such submission is non-confidential for all purposes, unless it is personal data.

If you make any such submission, you automatically grant or warrant that the owner of such content has expressly granted FPSC a royalty-free, perpetual, irrevocable, world-wide nonexclusive licence to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. FPSC may sublicense its rights through multiple tiers of sublicences.

7.4 Advertisements and Links to Other Sites

FPSC does not endorse the content on any third-party websites. FPSC is not responsible for the content of linked third-party sites, sites framed within the FPSC Sites, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. FPSC does not endorse any product advertised on the FPSC Sites.

7.5 Indemnity

You agree to defend, indemnify and hold FPSC its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your violation of these Terms and Conditions.

7.6 General

FPSC has its head office in Ottawa, Ontario, Canada. FPSC makes no claims that the Content is appropriate or may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the FPSC Sites from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. All of these Terms and Conditions survive the expiration or termination of the FPSC Sites or of the Terms and Conditions as a part of the FPSC Sites for any reason whatsoever.

7.7 Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with FPSC, or in any way relating to your use of the FPSC Sites, resides in the courts of the province of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the province of Ontario in connection with any such dispute including any claim involving FPSC, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the laws of the province of Ontario and the laws of Canada applicable thereto, without respect to conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be effective unless in writing and, signed by an authorized signing officer of FPSC and no such waiver shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

7.8 Complete Agreement

Except as expressly provided in a particular “legal notice” on the FPSC Sites, these Terms and Conditions constitute the entire agreement between you and FPSC with respect to the use of the FPSC Sites and Content.

Thank you for your cooperation. We hope you find the FPSC Sites helpful and convenient to use! Questions or comments regarding these Sites should be directed by e-mail to info@fpsc-ctac.com or via mail to:

Food Processing Skills Canada
201-3030 Conroy Road,
Ottawa, ON. K1G 6C2
Attention: Privacy Officer.