Terms and Conditions

CCOHS is committed to respecting the privacy of individuals – whether you are clients who are purchasing a product or service or users of our website. All personal information created, held or collected by CCOHS is protected by the Privacy Act. This means that you will be informed of the purpose for which your personal information is being collected and how to exercise your right of access to that information.

CCOHS is fully committed to protecting the confidentiality of the personal information provided by our clients who purchase products or services. This information is used only to support our relationship with you as a client of CCOHS.

Your Privacy and the Internet

The nature of the Internet is such that Web servers automatically collect certain information about a visit to a website, including the visitor's Internet Protocol (IP) address. IP addresses are unique numbers assigned by Internet Service Providers (ISP) to all devices used to access the Internet. Web servers automatically log the IP addresses of visitors to their sites. The IP address, on its own, does not identify an individual. However, in certain circumstances, such as with the co-operation of an ISP for example, it could be used to identify an individual using the site. For this reason, the Government of Canada considers the IP address to be personal information, particularly when combined with other data automatically collected when a visitor requests a Web page such as the page or pages visited, date and time of the visit.

Unless otherwise noted, CCOHS does not automatically gather any specific information from you, such as your name, telephone number or email address. CCOHS would obtain this type of information only if you supply it to us, for example, by sending us an email, by filling in a contact form or registering in a secure portion of the site. The information that is received and stored is safeguarded to prevent unauthorized disclosure.

In cases where services are provided by organizations outside of CCOHS, such as social media platforms or mobile applications, IP addresses may be recorded by the Web server of the third-party service provider.

Communicating with CCOHS

If you choose to send CCOHS an email or complete a feedback form online, your personal information is used by CCOHS in order to respond to your inquiry. CCOHS does not use the information to create individual profiles nor does it disclose the information to anyone other than to those CCOHS employees who need to provide you with a response. Any disclosure of your personal information is in accordance with the Privacy Act.

Emails and other electronic methods used to communicate with CCOHS are not secure unless it is specifically stated on a Web page. Therefore, it is recommended that you do not send sensitive personal information, such as your Social Insurance Number or your date of birth, through non-secure electronic means.

Personal information from emails or completed feedback forms is collected pursuant to the Canadian Centre for Occupational Health and Safety Act. Such information may be used for statistical, evaluation and reporting purposes and is included in Personal Information Bank Inquiries database/OHS PPU 041

Third-Party Social Media

CCOHS's use of social media serves as an extension of its presence on the Web. Social media account(s) are public and are not hosted on CCOHS servers. Users who choose to interact with us via social media should read the terms of service and privacy policies of these third-party service providers and those of any applications you use to access them. CCOHS uses Facebook, Twitter, YouTube, LinkedIn, and Pinterest.

Personal information that you provide to CCOHS via your social media account(s) is not collected but interactions such as "likes" and "retweets" are recorded for statistical and reporting purposes. Comments posted that violate Canadian law will be deleted and disclosed to law enforcement authorities. Comments that violate our rules of engagement will also be deleted.

Improving your Experience on CCOHS Websites

Digital Markers (including cookies)

A digital marker is a resource created by the visitors' browser in order to remember certain pieces of information for the Web server to reference during the same or subsequent visit to the website. Examples of digital markers are "cookies" or HTML5 Web storage. Some examples of what digital markers do are as follows:

CCOHS uses sessional and persistent digital markers on some portions of its website. During your on-line visit, your browser exchanges data with CCOHS's Web server. The digital markers used do not allow CCOHS to identify individuals.

You may adjust your browser settings to reject digital markers, including cookies, if you so choose. However, it may affect your ability to interact with CCOHS's website.

Web Analytics

Web analytics is the collection, analysis, measurement, and reporting of data about Web traffic and visits for purposes of understanding and optimizing Web usage. Information in digital markers may be used for the purpose of web analytics to remember your online interactions with CCOHS's website.

CCOHS uses Google Analytics to improve its website. When your computer requests a CCOHS Web page, our institution collects the following types of information for Web analytics:

CCOHS uses Google Analytics and the information collected is disclosed to Google Inc., an external third party service provider. Your IP address is anonymized prior to being stored on the service provider's servers in order to help safeguard your privacy. The information collected is de-personalized by truncating your IP address. No personally identifying information is recorded or provided to Google.

Google Analytics uses "session" and "persistent" cookies; persistent cookies are stored on your computer and expire two years after your last visit to the website.

For further information, consult Google Analytics and its privacy policy.

You may opt out of being tracked by Google Analytics by disabling or refusing the cookies, by disabling JavaScript within your browser or by using the Google Analytics Opt-Out Browser Add-On. Disabling Google Analytics or JavaScript will still permit you to access comparable information or services from our website. To disable cookies or JavaScript, please refer to your vendor's browser instruction guide.

Protecting the Security of CCOHS Websites

CCOHS employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. This software receives and records the IP address of the computer that has contacted our website, the date and time of the visit and the pages visited. We make no attempt to link these addresses with the identity of individuals visiting our site unless an attempt to damage the site has been detected.

This information is collected pursuant to section 161 of the Financial Administration Act. The information may be shared with appropriate law enforcement authorities if suspected criminal activities are detected. Such information may be used for network security related statistical purposes, audit, evaluation, research, planning and reporting and is included in Security Incidents (PSU 939).

Inquiring about these Practices

Any questions, comments, concerns or complaints you may have regarding the administration of the Privacy Act and privacy policies regarding CCOHS's Web presence may be directed to our Access to Information and Privacy Coordinator privacy@ccohs.ca or CCOHS, 135 Hunter St E, Hamilton, ON Canada L8N 1M5, (905) 572-2981.

If you are not satisfied with CCOHS's response to your privacy concern, you may wish to contact the Office of the Privacy Commissioner by telephone at 1-800-282-1376.

Using Files Located on Non-Government of Canada Servers

To improve the functionality of our websites certain files (such as open source libraries, images, and scripts) may be delivered automatically to your browser via a trusted third-party server or Content Delivery Network. The delivery of these files is intended to provide a seamless user experience by speeding response times and avoiding the need for each visitor to download these files. Where applicable specific privacy statements covering these files are included in our Privacy Notice.

Providing Content in Our Official Languages

The Official Languages Act, the Official Languages (Communications with and Services to the Public) Regulations and Treasury Board policy requirements establish when CCOHS uses both English and French to provide services to or communicate with members of the public. When there is no obligation to provide these in both official languages, content may be available in one official language only. Information provided by entities not subject to the Official Languages Act is in the language(s) provided. Information provided in a language other than English or French is only for the convenience of our website visitors.

Linking to Non-Government of Canada Websites

Links to websites not under the control of the Government of Canada are provided solely for the convenience of our website visitors. CCOHS is not responsible for the accuracy, currency or reliability of the content. CCOHS does not offer any guarantee in that regard and is not responsible for the information found through these links, nor does it endorse the sites and their content.

Visitors should also be aware that information offered by non-Government of Canada sites to which this website links is not subject to the Privacy Act, the Official Languages Act and may not be accessible to persons with disabilities. The information offered may be available only in the language(s) used by the sites in question. With respect to privacy, visitors should research the privacy policies of these non-Government websites before providing personal information.

Ownership and Usage of Content Provided on This Site (Copyright)

Materials on this website were produced and/or compiled by CCOHS for the purpose of providing Canadians with access to information about occupational health and safety. Permission is granted to electronically copy and to print in hard copy for internal use only. No part of this information may be reproduced, modified, or redistributed in any form or by any means, for any purposes other than those noted above (including sales), without the prior written permission of CCOHS. To request copyright permission please complete and submit this copyright form http://www.ccohs.ca/copyright/copyright.html

Some of the content on this site may be subject to the copyright of another party. Where information has been produced or copyright is not held by CCOHS, the materials are protected under the Copyright Act, and international agreements. Details concerning copyright ownership are indicated on the relevant page(s).

Certain names, graphics, logos, icons, designs, words, titles or phrases on this Site are trade names, or trademarks owned by CCOHS or other entities, or licensed to them. Trademarks may be registered in Canada and in other countries as applicable. CCOHS’ trademarks are in most cases on this Site accompanied by an appropriate trademark symbol such as R, TM or similar symbol to denote CCOHS’ ownership. The display of trademarks on pages comprising this Site does not imply that a license of any kind has been granted to any third party. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws.

Reproduction of Government Symbols

The official symbols of the Government of Canada, including the Canada Wordmark, the Arms of Canada, and the flag symbol may not be reproduced, whether for commercial or non-commercial purposes, without prior written authorization. Request for authorization from the Treasury Board Secretariat may be addressed to:

Federal Identity Program
Treasury Board of Canada Secretariat
300 Laurier Avenue West
Ottawa, Canada K1A 0R5
Email the Federal Identity Program

This agreement contains the terms and conditions applicable to the use of the Internet Website Product provided by the Canadian Centre for Occupational Health and Safety ("CCOHS"). Activating your assigned user account and password constitutes acceptance of these terms and conditions. You must keep the user account and password strictly confidential.

Definitions

In this agreement, capitalized terms have the meanings set out below:

"Authorized User" means a person (employee, contractor or student) who has been specifically authorized by the Subscriber to access the Internet Website Product and for which the Subscriber has purchased a License.

"Internet Website Product" means the CCOHS product or products for which the Subscriber has placed an order with CCOHS, and includes any installation disks, pamphlets, manuals and other material provided to the Subscriber.

"License Fee" means the fee to be paid to CCOHS by a Subscriber in return for the grant of a license by CCOHS to access the Internet Website Product.

"Loss" means any loss, damage or expense incurred by the Subscriber, Authorized User or any third parties arising from acts or omissions of the Subscriber under this agreement, the use of the Internet Website Product by the Subscriber and any Authorized User under this Agreement or reliance by the Subscriber and any Authorized User under this Agreement upon any information contained in the Internet Website Product, whether due to errors or omissions in the Internet Website Product or otherwise.

"Multi User License" means a License that permits a specified number of Users access to the Website Product.

"Multi User Subscriber" means a Subscriber who has purchased a Multi User License to allow a specified number of Authorized Users access to the Internet Website Product.

"Single User License" means a License that permits a single user to access the Website Product.

"Single User Subscriber" means a Subscriber who has purchased the single user license for access to the Internet Website Product by one Authorized User.

"Subscriber" means the individual, person or organization who ordered the Internet Website Product and has agreed to pay the license fee.

"Subscription Period" means the duration of the Single User or Multi User License during which a Single User Subscriber or Multi User Subscribers, as the case may be, may access the Website Product.

Rights Granted To The Subscriber

In exchange for paying the License Fee, CCOHS grants to the Subscriber a non-exclusive right and license for the duration of the Subscription Period to use the Internet Web Product subject to the terms and conditions of this agreement (the "License"). The Subscriber is entitled to the following:

To Conduct Searches. The Subscriber may conduct searches of the information contained in the Internet Website Product and make copies of the results of the searches for the Subscriber's own use. These rights may be exercised in the case of a Single User Subscriber by one Authorized User and in the case of a Multi User Subscriber, by the number of Authorized Users for which the Multi User Subscriber has paid a license fee.

To Updates (if any) and Support. The Subscriber is entitled to any updates to the Internet Website Product that CCOHS undertakes during the subscription period. By way of support, CCOHS will make a customer service representative available during CCOHS' business hours to answer questions from Users about the Internet Website Product.

Subscription Period

The Subscription Period, unless otherwise agreed between CCOHS and the Subscriber prior to issuance of CCOHS’ invoice to the Subscriber, shall be one (1) year from the date of the invoice delivered to the Subscriber by CCOHS in respect of the License Fee to be paid by the Subscriber.

Obligations of Subscribers

The Subscriber agrees:

To Pay the License Fee. The Subscriber shall pay for the Internet Website Product within 30 days of receipt.

To Maintain Integrity of Internet Website Product. The Subscriber shall limit access to the Internet Website Product to Authorized Users only and will ensure the Authorized Users do not copy, reverse engineer the Internet Website Product or otherwise tamper with or attempt to reveal the proprietary programming techniques or structure of the Internet Website Product. Information arising from use of this Internet Website Product may not be re-sold or utilized for any commercial purpose or posted on a web-site. The Subscriber agrees to treat his user account name and password with strict confidence and to refrain from communicating user account and password information to anyone other than Authorized Users.

RTECS® database Subscribers only: Subscribers agree to comply with all applicable United States federal, state and local laws and regulations in performing their duties with respect to the RTECS® database, including prevention of access from any country to which export or transmission is restricted by applicable US law or regulation.

To Indemnify and Save Harmless CCOHS and its Licensors. The Subscriber, its Authorized Users, officers, employees, agents and representatives (the "Subscriber Parties") shall at all times indemnify, defend and save harmless CCOHS and CCOHS’ officers, employees, agents, representatives and licensors from and against all losses, costs and expenses, claims, demands, suits and other proceedings for personal injury, death or property damage or loss arising out of or related to any act or omission of the Subscriber Parties, in the exercise of the rights granted herein.

Not to Assign. The Subscriber shall not sell, transfer or assign the Internet Website Product or the rights and obligations of the Subscriber or its Authorized Users under this agreement.

Disclaimer Warranties

THE WARRANTIES SET FORTH HEREIN ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY CCOHS. CCOHS EXPRESSLY DISCLAIMS, AND SUBSCRIBER HEREBY EXPRESSLY WAIVES, ALL OTHER EXPRESS WARRANTIES AND ALL DUTIES, OBLIGATIONS AND WARRANTIES IMPLIED IN LAW, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CCOHS DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS THAT THE OPERATION OR USE OF THE INTERNET WEBSITE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. CCOHS’ LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF CCOHS ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE INTERNET WEBSITE PRODUCT. THE PARTIES AGREE THAT THE INTERNET WEBSITE PRODUCT’S FAILURE TO PERFORM IN ACCORDANCE WITH ANY SPECIFICATIONS WHICH MAY HAVE BEEN COMMUNICATED TO SUBSCRIBER BY CCOHS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE REMEDIES CONTAINED HEREIN.

Disclaimer Regarding Actions or Omissions of Third Parties

CCOHS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM CCOHS’ INTERNET WEBSITE PRODUCT AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTION OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT ACCESS BY SUBSCRIBER TO THE INTERNET WEBSITE PRODUCT. CCOHS CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, CCOHS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Limitation of Liability

NEITHER CCOHS NOR SUBSCRIBER SHALL HAVE ANY LIABILITY WITH RESPECT TO THEIR RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT SUCH DAMAGES RESULT FROM (a) LOSS OR DAMAGE TO PROPERTY OR PERSON CAUSED BY A PARTY’S GROSS NEGLIGENCE OR WILLFULL CONDUCT OR (b) A PARTY’S INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

THIS LIMITATION OF LIABILITY EXCLUDES GROSS NEGLIGENCE ON THE PART OF BOTH THE SUBSCRIBER OR CCOHS AND INFRINGEMENT CLAIMS AGAINST SUBSCRIBER OR CCOHS. BOTH PARTY’S LIABILITY IN THE EVENT OF SUCH CLAIMS SHALL BE LIMITED TO THE AMOUNT CCOHS HAS INVOICED SUBSCRIBER OVER THE PREVIOUS TWELVE (12) MONTHS.

RIGHTS RESERVED BY CCOHS

CCOHS reserves the right:

To Limit its Liability. CCOHS' liability is limited as aforesaid.

To Modify this Agreement. CCOHS may modify any of the terms of the subscription or of the agreement upon 30 days' written notice to the Subscriber. However, the Subscriber may terminate its subscription if the modification is not acceptable by giving CCOHS 30 days' written notice.

To Modify the Internet Website Product. CCOHS may change the product, including without limitations, cease to make the Internet Website Product available. If CCOHS ceases to provide the Internet Website Product it will calculate a pro-rated refund based on the number of remaining months undelivered.

Early Termination for Convenience. Subscriber may, within the first thirty (30) days of the Subscription Period, terminate this Agreement and receive a partial refund of the License Fee, the amount of such refund to be determined by CCOHS. In this scenario, Subscriber shall immediately provide CCOHS with written notice of Subscriber’s decision to cease its subscription. The Subscriber shall have no right of early termination other than as provided in this paragraph, and any failure of the Subscriber to adhere to its obligations under this Agreement shall be a breach of this Agreement by Subscriber.

Early Termination for Breach. CCOHS may terminate this license agreement and delete the Authorized User account and password if the Subscriber or Authorized User breaches any term or condition of this agreement. Further, the parties agree that in the event of early termination by CCOHS for breach by Subscriber or Authorized User as aforesaid, and without limiting any other rights or remedies available to CCOHS under this agreement, at law or in equity:

(a) the Subscriber shall immediately pay to CCOHS as liquidated damages and not as a penalty, all amounts due or payable under this agreement including without limitation amounts which would have been payable by Subscriber over the remainder of the Subscription Period;

(b) the License Fee paid to CCOHS by the Subscriber for the Subscription Period shall be forfeited by the Subscriber and CCOHS shall retain the License Fee in its entirety as liquidated damages and not as a penalty.

The parties agree that this section entitled "Termination for Breach" shall survive termination of this agreement howsoever caused.

Reservation of Rights. All rights not expressly granted are reserved by CCOHS.

Other Provisions

The following provisions apply to this agreement:

Applicable Laws. The license agreement will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada unless otherwise specifically indicated in this agreement.

Severability. If a term or condition of this agreement is found to be invalid or unenforceable, the remaining terms and conditions shall remain in full force and effect.

Survival. All obligations of the parties, which expressly or by their nature survive surrender, termination or expiration, shall continue in full force and effect subsequent to and notwithstanding such surrender, termination or expiration, until they are satisfied or by their nature expire, including without limitation, restoration, remediation and indemnification obligations.

Time Limitation of Claim. Any claim against CCOHS must be brought within one year after the cause of action arises.

Copyright. This software is owned by CCOHS or its licensors and is protected by applicable copyright legislation and international treaty provisions.

For further information on this document contact CCOHS Client Services at 1-800-668-4284 or 905-570-8094 or clientservices@ccohs.ca

Although every effort is made to ensure the accuracy, currency and completeness of the information, CCOHS does not guarantee, warrant, represent or undertake that the information provided is correct, accurate or current. CCOHS is not liable for any loss, claim, or demand arising directly or indirectly from any use or reliance upon the information.