Canada Addendum

Canada Addendum 

Last updated August 2022 

The following additional terms apply to you if you reside in Canada. To the extent of any inconsistency, these terms take precedence over the terms in our Privacy Notice in relation to personal information that is collected and/or held in Canada. 

Applicable Law  

At the Canadian federal level, the Personal Information Protection and Electronic Documents Act (PIPEDA) establishes a framework for the collection and use of your personal information across Canada if you are a candidate for employment of an organization that is a federally regulated work, undertaking, or business (e.g., Canadian bank, airline, broadcaster, etc.). PIPEDA does not apply to personal information about you for employment at a non-federally regulated organization, such as most of our Clients. If the Employer is an organization that is federally regulated, our Services would be subject to PIPEDA.  

If PIPEDA does not apply, Canadian provincial privacy laws may still apply. The Employer will inform us of any such specific provincial privacy laws that apply to our Services, and we will comply accordingly.  For example, Alberta, British Columbia, and Quebec may have provincial privacy laws that apply to your personal information if you are a candidate for employment at a non-federally regulated organization.   

Consent 

Depending on the applicable data protection laws, the Employer may need to obtain your consent for the collection, use, or disclosure of your personal information. In Canada, your consent is only valid if it is reasonable to believe that you understand the nature, purpose, and consequences of the collection, use, or disclosure of your personal information. You may withdraw your consent at any time. 

At the time of obtaining your consent, the Employer who collected your personal information must provide you with the following: 

  • An exhaustive list of types of personal information being collected and processed 
  • A list of third parties with whom it is being shared (including the countries for such parties if outside Canada) 
  • A stated commitment to handling your personal information according to their privacy policy, and provide a link to that policy 
  • An explanation of the risk of harm and other potential consequences in using our Services 
  • A “No, I do not consent” button or similar option and explain to you the consequences of withholding your consent, and 
  • A statement of the possibility for you to withdraw your consent after providing it. 

If applicable, you will be provided with our Consent and/or Lawful Basis to Collection and Processing of Personal Data notice. 

Automated Decision Making and/or Artificial Intelligence 

Personal information collected, used, or disclosed by Modern Hire in the context of our automated decision making or artificial intelligence (AI) scoring algorithm-enabled Services could be considered as sensitive by Canadian privacy commissioners, by virtue of the fact that such information could be processed by us to affect your chances at employment. Guidance from Canada’s Office of the Privacy Commissioner (OPC) requires that the Employer obtain your express consent when collecting, processing, and disclosing your personal information in the context of automated decision making or AI scoring (and note that the Employer always has the right to make the final decision). Furthermore, the OPC considers opt-ins to be the most appropriate form of consent and recommends that Employers use it by default. 

Opting Out of Email Communications 

Canada’s Anti-Spam Legislation (CASL) requires your consent on an opt-in basis in order for us to communicate with you by email. If you elect to provide us with an email address, we will treat such provision as your consent to opt-in to our use of email as a communication means. If applicable, you will be provided with our Consent and/or Lawful Basis to Collection and Processing of Personal Data notice. You may opt-out of email communication at any time.