Privacy Policy and Terms and Conditions

Privacy Policy and

Terms and Conditions

Privacy Policy

Summary

This Privacy Policy informs you how we protect your privacy. The Privacy Policy applies to our company, affiliates and subsidiaries who will be referred to as “we”, “us” or “our” in this policy. It describes how we collect and use personal information in our business, on our websites, in electronic communications, and in the social media services used to direct you to our websites.

We comply with Canadian, United States of America, and international privacy law including: the Alberta Personal Information Protection Act (PIPA), the British Columbia Personal Information Protection Act, the Ontario Freedom of Information and Protection of Privacy Act, the Quebec Private Sector Privacy Act, the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s Anti-Spam Legislation (CASL), the California Consumer Privacy Act (CCPA), the United States of America Children’s Online Privacy Protection Act (COPPA), the Australian Privacy Act 1988, the European Union General Data Protection Regulation (EU GDPR), and the European Union Directive on Privacy and Electronic Communications (EU e-privacy Directive), all of which are referred to as privacy law.

There may be links from our websites to other websites. However, this Privacy Policy applies only to our websites and does not apply to any third-party websites which may be linked to our websites. We do not endorse and are not responsible for linked third-party websites. Please check on those linked websites for their privacy policies, and make any inquiries with them.

Your continued use of our services and websites signifies your acknowledgement and consent to our Privacy Policy now and in the future. Our Privacy Policy is periodically updated, and we will include dates of changes in the policy so you know when changes have been made.

Collecting Information for our Services

We collect your personal information to provide services to you. The types of information we collect are:

  • Information you give us: We collect information so we may contact you, assist you, provide you with information about our services, and provide services to you.
  • Automatic information: We may automatically collect certain types of information when you electronically interact with us.
  • Information from other sources: We might collect information about you from other sources, including third-party service providers, and publicly available sources.

Personal information that you provide may include the following: your name, email address, physical location, postal address, phone number, birthdate, driver’s licence, social insurance number, social security number, Internet Protocol address, banking or credit information, employment history and information, health information, and educational and training history.

We may collect personal information:

  • Voluntarily provided to us by you through our websites, direct communications (for example, meetings or trade shows), and electronic communications including social media, surveys, search functions, questionnaires, feedback, and various forms, including contact, information, and requests for demonstration forms;
  • When you have entered our websites while performing online searches or seeking health and safety training;
  • When we have received a business referral to you, or you may be a member of an organization that is an existing business associate of ours;
  • When you or your organization provide us with personal information in order to purchase our services, resell our services, provide content to our services, create accounts, or become registered users of our services; and
  • When we ask you to provide identifying information if you want a demonstration or to use our services, to assist you with a registered user account, or to resolve complaints or concerns.

If you become a registered user on your own behalf, you will create a password for your account. If your organization creates an account for you, you or your organization may create a password for your account. We encrypt all passwords. You or your organization, as applicable, will be responsible for protecting the password. Through our software, we may provide your organization with options to block, encrypt or otherwise secure certain sensitive information (for example, your social insurance number or social security number). You or your organization, as applicable, are responsible for using these options. Passwords will be automatically encrypted with no access to anyone other than the password creator.

We usually will not change your personal information, and usually only delete information with your consent or the consent of your organization, unless required to do so by law or to prevent illegal activity.

How We Use Personal Information

We use your personal information to operate, and to provide and improve our business and services. Our purposes for using personal information are as follows:

Provide services: We use your personal information to provide and deliver our services and third-party content, which includes products; and to process transactions related to those services and content including registering you as a user, receiving payments, providing education and training, and verifying your certificates.

Measure, support, and improve services: We use your personal information to analyze performance, fix errors, measure your usage, provide support, and improve and develop our services.

Recommendations and personalization: We use your personal information to recommend services that might be of interest to you, identify your preferences, and personalize your experience.

Comply with legal obligations: In certain cases, we may have a legal obligation to collect, use, retain, or delete your personal information.

Communicate with you: We use your personal information to communicate with you in relation to our services and to respond to your requests, including by mail or electronically (for example by phone, text, video, email, VOIP, internet messaging or social media).

Marketing: We use your personal information to market and promote our services, and may now or in the future use interest-based or personalized targeted ads. We may use interest-based ads to display features, products, and services that might be of interest to you. We may use cookies and other similar technologies which enable us to understand the effectiveness of the interest-based ads by measuring what ads are clicked or viewed, and to provide you with more useful and relevant ads.

Fraud, abuse prevention and credit risks: We may use your personal information to detect and prevent fraud and abuse in order to protect you and the security of our services. We may use algorithms and scoring methods to assess and manage security, and financial and credit risks.

Cookies

To enable our systems to recognize and provide you with services, we may use cookies and other similar technologies to recognize your browser or device, learn more about your interests, and provide you with important features and services including:

  • Recognizing you when you sign in, which allows us to provide you with recommendations, display personalized content, and provide customized services;
  • Keeping track of your specified preferences, such as language and configuration preferences;
  • Conducting research and diagnostics to improve our offerings;
  • Measuring and analyzing the performance of our services;
  • Preventing fraudulent activity and improve security; and
  • Delivering content relevant to your interests.

Some cookies may be deleted at the end of your browsing session, while other cookies may persist between sessions.

Examples of the information we may collect through cookies include:

  • Network and connection information, such as the Internet Protocol address used to connect your computer or other device to the internet, and information about your internet service provider;
  • Computer and device information, such as device, application, or browser type and version, browser plug-in type and version, operating system and time zone setting;
  • The location of your computer or device;
  • Authentication and security credential information;
  • Content interaction information, such as content downloads, streams, and playback details, including duration and number of simultaneous streams and downloads; and
  • The full Uniform Resource Locator (URL) clickstream to, through, and from our websites and services, content you viewed or searched for, page response times, download errors, and page interaction information.

Our cookies may allow you to take advantage of some essential and useful features; blocking some types of cookies may impact your experience of our websites. You can manage browser cookies through your browser settings. The ‘Help’ feature on most browsers will tell you how to remove cookies from your device, prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable cookies, and when cookies will expire. Check the support site for your browser to understand privacy settings available to you. If you block or reject some of our cookies through your browser’s settings, you might not be able to use certain offerings that require you to sign into an account and some features and services may not work. You might also have to manually adjust your preferences or settings every time you visit our websites. If your browser includes Intelligent Tracking Prevention (ITP), preferences specific to our websites may reset on an ongoing basis. These resets are managed by your browser, not by us.

How We Share Personal Information

Information about our customers and registered users is an important part of our business. We do not sell this personal information to others. We may share personal information with third-party service providers who follow policies and practices at least as protective as described here.

We have contractual relationships with third parties who provide content which you may access through our software. These third-party content owners are subject to our Privacy Policy. If you wish to access this content, you may need to share your personal information with these third parties.

We share information with other third parties when you request us to do this on your behalf. We may employ third-party service providers and third-party suppliers to perform certain functions on your behalf which include: delivering technology, products, software and hardware; sending communications; processing credit card and other payments; assessing compliance risks; analyzing and processing data; providing marketing and sales assistance; providing customer relationship management; providing content and training; maintaining our software and systems; and data processing, storage and security.

As we continue to develop our businesses, we might sell our businesses or services. In such transactions, personal information may be one of the transferred assets but remains subject to this Privacy Policy. We may release account and other personal information when that release is required to comply with the law, to apply or enforce our terms and agreements, or to protect the rights, property and security of our customers and others. This may include exchanging information with other companies and organizations for security, fraud prevention and detection, and credit risk reduction.

Examples of Information Collected

Information You Provide
You provide information to us when you:

  • Search for, subscribe, purchase, register or use our software and services;
  • Use services purchased for you by another individual or organization, which may allow the purchaser to access information related to the purchase such as your name, the course, the course status, the mark, and certificates of completion;
  • Communicate with us (for example, by mail, or electronically, such as by phone, text, video, email, VOIP, internet messaging or social media);
  • Complete an information request or request for demonstration form;
  • Post on our websites or participate in community features;
  • Register and administer user accounts, or participate in a course or training;
  • Configure your settings, provide access permissions, or interact with our services;
  • Activate an account under an organization, which may provide the organization with administrative access to your account information and the ability to register you for new content; track and validate your course marks, certificates of completion, and training history; and update your records and information;
  • Sell, purchase or use third-party content through our software and services;
  • Access third-party content, which may require sharing with a third-party content owner information such as your name, purchase information, photo or video identification, training records, course marks and certificates of completion;
  • Access third-party content, which may require sharing with a certification body information such as your name, purchase information, photo or video identification, training records, course marks and certificates of completion;
  • Access third-party content, which may include authorizing a third-party individual or organization to verify the existence and status of your certificates and training and communicate with you via our website;
  • Use the SafeTapp application, which allows third parties to access your name, registration, course marks, or certificates of completion when presented with a QR code or your identification information; or
  • Authorize us to verify to third parties the validity and status of your certificates when they enter your last name and certificate number into the public certificate verification process on our website.

Depending on how you use our services, third-party content or interact with us, you might provide such information as:

  • Your name, email address, physical location, postal address, phone number, and contact information;
  • Payment information, including credit card or banking information;
  • Information about your location or organization;
  • Your username and authentication and security credential information;
  • Your training records, course marks, and certificates of completion;
  • Your image, and video and voice recordings;
  • Identity information, including government-issued identification;
  • Corporate and financial information and tax identifiers; and
  • Feedback, inquiries, customer service requests, phone conversations, chat sessions and emails.

Automatic Information
We collect information automatically when you:

  • Visit our websites, or interact with or use our software or services;
  • Open content in our software or download content;
  • Open emails or click on links in emails from us; or
  • Electronically communicate with us.

Examples of the information we may automatically collect include:

  • Network and connection information, such as the Internet Protocol address used to connect your computer or other device to the internet and information about your internet service provider;
  • Computer and device information, such as device, application, browser type and version, browser plug-in type and version, operating system, and time zone setting;
  • Location of your computer or device;
  • Authentication and security credential information;
  • Content interaction information, such as content downloads, streams and playback details;
  • Metrics, such as offering usage, occurrences of technical errors, diagnostic reports, your settings preferences, backup information, API calls, Single Sign On (SSO) activity, and other logs;
  • Full Uniform Resource Locator (URL) clickstream to, through, and from our website (including date and time), content you viewed or searched for, page response times, download errors, and page interaction information (such as scrolling, clicks, and mouse-overs);
  • Email addresses and phone numbers used to contact us; and
  • Identifiers and information contained in cookies.

Information from Other Sources
Examples of information we may receive from other sources include:

  • Marketing lead and sales generation information, including your name, email address, postal address, physical location, phone number, and other contact information;
  • Subscription, purchase, support, or other information about your interactions with other products and services;
  • Search results and links, including paid listings; and
  • Banking, credit history and payment information.

Information You Can Access

Examples of information you may be able to access through our services include:

  • Your name, email address, physical location, postal address, phone number, and other contact information;
  • Username, aliases, roles, and other authentication and security credential information;
  • Your subscription, purchase, usage, billing and payment history;
  • Payment settings, such as payment instrument information and billing preferences;
  • Third-party content completion information, including training records, course marks and certificates of completion;
  • Education, training and employment information; and
  • Email communication and notification settings.

Location of Personal Information

Your personal information is stored in Canada on third-party data servers (for example, AWS Canada).

Securing Information

We design our systems with your security and privacy in mind, including providing you with options to secure your personal information. We maintain compliance programs that support and validate our security controls. We use software, security and encryption protocols to protect the security of your information. These protocols may be used during electronic communications, during transmission with our websites, or for our services. We maintain physical, electronic, and procedural safeguards for the collection, storage, disclosure and deletion of personal information. Our security procedures mean that we may require proof of identity before we disclose personal information or provide certain services to you.

Access and Choice

Subject to your organization’s restrictions, you may be able to view, update, and delete your account information and control how you interact with and use our services. Your services may include settings that provide you with options for how your information may be viewed, used, encrypted or secured. If you want to add, update, or delete information related to your account, we usually don’t keep a copy of the prior version. The Help feature on most browsers and devices will tell you how to prevent your browser or device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

Retention of Personal Information

We keep your personal information to communicate with you to enable your continued use of our services for the purposes described in this Privacy Policy or as may be required by law. How long your personal information may be retained varies depending on the use but our retention of your personal information will be consistent with applicable laws.

Our Data Security and Compliance Program

Our data security and compliance program helps customers understand the robust controls we have in place to maintain data security and compliance on our servers and with any third-party service providers. We meet Payment Card Industry requirements and use reputable third-party payment processors (for example, Moneris) to process payments in our ecommerce store. We meet data and security requirements including those of the Payment Card Industry and the System and Organization Controls (SOC) 2 Trust Services Criteria. Our data security and compliance certifications and attestations are assessed by independent auditors, and result in certifications, audit reports, or attestations of compliance. Our customers and users are also responsible for complying with applicable data security laws and regulations. We have functionality (such as encryption and security features) and legal agreements that support customer and user compliance.

 

Specific Privacy Disclosures

California Consumer Privacy Act

These disclosures are pursuant to the California Consumer Privacy Act.

Categories of personal information collected or disclosed for a business purpose: The personal information that we may collect, or may have collected from you or disclosed in the preceding twelve months, fall into the following categories depending on how we may have engaged with you:

  • Direct identifiers, such as your real name, alias, postal address, social security number, driver’s licence and passport information, and signature;
  • Indirect identifiers such as cookies and other similar technologies, phone numbers, Internet Protocol addresses, and account names;
  • Biometric data such as images, and audio and video recordings;
  • Geolocation data, such as physical location information from computers, smart phones and other devices;
  • Internet activity such as browsing history, search history, data on interaction with a webpage, application or advertisement;
  • Sensitive information such as personal characteristics, behaviour, employment and education information; and
  • Professional or employment related information; education information, including enrollment status, fields of study, degrees, training, honors, awards, course marks and certificates of completion.

Depending on how you may engage with our services, further categories of personal information disclosed for a business purpose include:

  • Commercial information, such as the details of a product or service, if a third-party service provider is assisting to provide that product or service to you;
  • Internet or other electronic network activity information, for example if a third-party service provider gathers security reports;
  • Biometric information, such as your image, voice or video recording, for example if you participate in identity verification by a third-party service provider;
  • Electronic communications if a third-party service provider reviews recordings of customer interactions for quality assurance purposes; and
  • Professional or employment-related information, for example if we provide information to a third-party service provider for registration or verification of marks or certificates received.

Your rights: You have the right under the California Consumer Privacy Act to request information about the collection of your personal information by us, access your personal information, or request deletion of your personal information.

No sale of personal information: We have not sold personal information of consumers, as those terms are defined under the California Consumer Privacy Act.

No discrimination: We will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.

European Union

Controller of Personal Information: We may be the data controller or data processor of personal information collected or processed through our business, websites and services.

Processing: We process your personal information on one or more of the following legal reasons:

  • As necessary to enter into a contract with you or a legal entity you represent, to perform our contractual obligations, to provide our services, to respond to requests from you, or to provide customer support;
  • Where we have a legitimate interest, as described in this Privacy Policy;
  • As necessary to comply with relevant law and legal obligations, including responding to lawful requests and orders; or
  • With your consent.

Your Rights: Subject to applicable laws, you have the right to:

  • Ask whether we hold personal information about you and request copies of such personal information and information about how it is processed;
  • Request that inaccurate personal information is corrected;
  • Request deletion of personal information:
    • that is no longer necessary for the purposes underlying the processing;
    • where consent for the information being processing has been withdrawn, or
    • when processing is not in compliance with applicable legal requirements;
  • Request us to restrict the processing of personal information if processing is inappropriate;
  • Object to the processing of personal information; and
  • Request portability of personal information that you have provided to us where the processing of such personal information is based on consent or a contract with you and is carried out by automated means.

If you wish to do any of these things and you are a registered user, please contact us. If you have other concerns, please contact us. You can also lodge a complaint with a local authority. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time, and we will stop any further processing of your data for that purpose.

Transfers outside of the European Economic Area or EEA: When we transfer your personal information outside of the EEA, we do so in accordance with the terms of this Privacy Policy and applicable data protection law.

Children’s Online Privacy Protection Act (COPPA)

The Children’s Online Privacy Protection Act (COPPA) of 1998 enacted by the United States Congress prohibits unfair or deceptive acts or practices in connection with the collection, use, or disclosure of personal information on the internet from and about children 12 years or under. BIS does not usually offer its services to children 12 years or under. In very limited circumstances a person may buy certain services for children 12 years or under. If you believe that a child 12 years or under has provided us personal information without parental consent, please contact us, and we will delete that information.

Canada’s Anti-Spam Legislation (CASL)

Consistent with the Privacy Policy described here, you have authorized us to communicate with you in writing, or electronically, such as by email, social media, text, phone, or any form of electronic and internet-based methods using computers, smart phones, mobile or handheld devices, phone, or any future devices. You may unsubscribe anytime by either clicking an unsubscribe button; directly contacting us by phone, mail or email; or providing reasonable notice by any other means.

Contacts, Notices and Revisions

If you have any concern about your privacy or want to contact one of our third-party data processors, please contact us at our Privacy Management Program.

Privacy Management Program
BIS Safety Software

261 Seneca Road
Sherwood Park AB Canada T8A 4G6
Phone: 780-410-1660
Toll Free: 1-866-416-1660
Email: privacy@bistraining.ca

If you interact with our services on behalf of or through your organization, then your personal information may also be subject to your organization’s privacy practices, and you should direct privacy inquiries to your organization.

Privacy Policy Change

If we alter our Privacy Policy, any changes will be posted on this page of our website with the date of the latest revision so that you are always informed of the information we collect about you, how we use it and the circumstances under which we may disclose it.

Last Updated: August 18, 2022

Terms and Conditions

Carefully read all the Terms and Conditions including our Privacy Policy before accessing or using our websites, including the BIStrainer system and the associated SafeTapp app (collectively the “Websites”). By accessing or using the Websites, you agree to be legally bound by the Terms and Conditions. If you do not agree with the Terms and Conditions, which referentially incorporates our Privacy Policy, you must not use, access, or open an account for or through the Websites.

The Terms and Conditions describe how you use the Websites of Business Improvement Solutions Inc., which includes our companies, affiliates and subsidiaries (“BIS”). The Terms and Conditions may be changed from time to time by BIS unilaterally and at its sole discretion. Any changes will be posted on the Websites and your continued use of the Websites indicates your acceptance of the modified Terms and Conditions.

Without BIS’s prior written permission, you shall not copy, create derivative works, transmit, display, or distribute the Websites, which includes the following: text, images, videos, photographs, audio files, graphics, documents, courses, forms, exams, surveys, policies, procedures, assessments, and materials used for the purpose of providing or testing knowledge and gathering information (collectively referred to as “Resources”). Your use of the Websites, which in all situations includes Resources, is limited to your sole personal use only. At no time shall you provide, allow or permit anyone else to use your account to gain access to the Websites.

Warranties and Liability

BIS is not responsible for any errors or omissions appearing in the Websites. To the fullest extent permitted by law, BIS does not warrant and disclaims any warranty, expressed or otherwise implied as to the accuracy, correctness, completeness, reliability, timeliness, fitness for any particular purpose or satisfactory quality of the Websites. The Websites are provided without warranties of any kind, and you are using them at your own risk. Furthermore, BIS disclaims all responsibility and liability of any description including, without limitation, liability for negligence, injury, incidental, special, indirect, punitive, or consequential damages, expense or loss (including loss of profits, loss of revenue, loss of savings, loss of information, business interruption, loss of privacy, personal injury or other pecuniary loss) of any kind, direct or indirect, suffered by any person as a result of or in connection with the Websites to include any reliance placed by such person on the Websites, or the viewing, use or performance of the Websites, whether with the required authority or otherwise.

BIS reserves the right to revise, amend, alter or delete any aspect of the Websites in whole or in part, but shall not be responsible for or liable in respect of any such revisions, amendments, alterations or deletions.

BIS does not warrant and disclaims any warranty that the Websites, in whole or in part, or any associated functions will be uninterrupted or error-free, or that defects will be corrected. Furthermore, BIS disclaims all responsibility and liability of any description including without limitation liability for negligence, injury, incidental, special, indirect, punitive, or consequential damages, expense or loss (including loss of profits, loss of revenue, loss of savings, loss of information, business interruption, loss of privacy, personal injury or other pecuniary loss) of any kind, direct or indirect, suffered by any person as a result of or in connection with the Websites to include any reliance placed by such person on the Websites, or the viewing, use or performance of the Websites, whether with the required authority or otherwise.

Indemnification

You agree to indemnify and hold harmless BIS and all of their directors, officers, employees, and subcontractors from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the Websites, your violation of the Terms and Conditions, and your violation of applicable laws.

Access and Links

BIS reserves the right to deny or restrict access to the Websites to any particular person, group or organization, or to block access from a particular Internet Protocol address to the Websites at any time.

The Websites may contain hyperlinks to websites which are not controlled by BIS. Hyperlinks to other websites are provided solely for your convenience. If you use these hyperlinks and websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

BIS is not responsible for the availability, accuracy or reliability of the content of websites not controlled by BIS; nor shall BIS be liable for any injury, damages, loss or expense howsoever arising from access to those websites. In no circumstance shall BIS be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on websites which are not controlled by BIS.

BIS disclaims any responsibility for the content available on any other website reached by links to or from the Websites that are not controlled by BIS.

BIS may in its sole discretion disable any links to any websites, including defamatory, infringing, or obscene websites; or websites that contain topics, names, or information that violates any law, or any intellectual property, privacy or publicity rights.

Copyright

The Websites are protected by copyright that is held by BIS. Your use of the Websites does not grant you any rights in respect to the copyright.

Law and Jurisdiction

The Terms and Conditions are deemed to have been made and performed exclusively in the Province of Alberta, Canada, and will be governed by and construed under the laws of that jurisdiction. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta for any claim related to the Terms and Conditions or the Websites and agree not to bring any action, claim, suit or proceeding against BIS in any jurisdiction other than the Province of Alberta.

Severability

To the extent that any provision of the Terms and Conditions is declared by a court or lawful authority of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed and deleted or limited so the remainder of the Terms and Conditions shall continue in full force and effect with respect to all other provisions.

Acceptance on Someone Else’s Behalf

In the event you create an account on the Websites on behalf of someone else, you represent and warrant that you have notified them of the Terms and Conditions, and obtained their consent and have the legal authority to agree to the Terms and Conditions on their behalf.

Last Updated: August 18, 2022

Questions?

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