Legal Notices

Editor

Responsible for publishing the website : Julie Thibault jthibault@epsi-inc.com
Responsible for data protection and Privacy officer: Nathalie Sioui dpo@epsi-inc.com
At your disposal for any questions relating to the protection of your personal data
Évaluation Personnel Sélection International Inc.
A-1020 Saint-Joseph Boulevard
Gatineau (Québec) J8Z 1T3
Canada

1-866-771-9078

Hébergeur

SMITH
490 Saint-Joseph Boulevard
Gatineau (Québec) J8Y 3Y7
Canada
1-888-222-8870

Microsoft Azure

Evaluation Personnel Sélection International and COMPMETRICA Inc. (hereinafter “EPSI”, or “we”/”our”), talent assessment and survey experts, are committed to protecting our Users’ personal data and privacy.

As a result, whenever we collect, use or communicate personal information about our clients and users, these actions are governed by this policy.

Our policy was produced in accordance with applicable privacy and personal information protection laws, in particular the provisions of:

• Personal Information Protection and Electronic Documents Act (L.C. 2000, c.5) (hereinafter “PIPEDA”);
• Privacy Act (RSC 1985, c P-21);
• (EU) Regulation 2016/679, the “General Data Protection Regulation” (hereinafter “GDPR”);
• An Act to modernize legislative provisions respecting the protection of personal information in Quebec – Bill of law 64 (2021, chapter 25) adopted on September 21, 2021.

Policy Objective
The object of this policy (hereinafter, the “Policy”) is to inform Users of EPSI’s different websites and platforms (hereinafter, the “Applications”) of the tools EPSI uses and the commitments EPSI has made regarding the collection and processing of personal data, in accordance with current laws and with the GDPR.

For the purposes of this Policy, the term “User” will refer to any visitor to one of our websites, candidate, participant, client or partner receiving our assessment or survey services, or any of their acting legal representatives, as well as any participant invited to take an assessment on EPSI’s testing platform or EPSI’s survey platform.

Candidates’ Personal Data
Client’s and EPSI’s Roles in the EU
EPSI assists clients in the assessment of candidates and the survey of employees. In providing its services to its clients, EPSI follows the respective client’s directions and acts on the respective client’s behalf.

EPSI collects, uses, discloses and otherwise processes personal information only as directed or authorized by the client. Accordingly, EPSI acts as a processor regarding the processing of personal information of candidates in the EU and the respective client is the controller.

Throughout this Policy, statements regarding EPSI’s actions or practices (such as information that “we collect,” that “we use,” and that “we share”) should be read to be actions or practices performed by EPSI on behalf of the client or with the client’s authorization insofar as they relate to personal information of candidates (including participants to a survey) in the EU.

Within the context of the use of EPSI’s services and platform for assessment or survey purposes, the client is also responsible for processing the data provided by the candidates (including participants to a survey). Data processing by the client is subject to the same regulatory obligations.

What Personal Data Do We Collect?
At EPSI, we gather your personal data when you acquire our products and services and when you complete our tests or surveys.

More specifically, the information we collect can come from any of the following:

• Your voluntary entry of an email address so you can receive one of our newsletters;
• Input of your personal data when registering on one of our Applications;
• Your completion of an assessment via our Online Testing Platform (data such as your full name, mailing address, email address, unique identifier, IP address, browser, browser version, date and time of access to the platform, etc.);
• Your completion of a survey via our Survey platform (data such as your full name, mailing address, email address, unique identifier, IP address, browser, browser version, date and time of access to the platform, etc.);
• Cookies that compile data about your navigation on our sites (such as web page views, clicks on links, searches run, etc.).

Use of Collected Data
Depending on the scenario, the data will be used as follows:

• If you have signed up for one of our newsletters, your email address will be used to send you direct emails and internal announcements;

Legal ground: Your explicit consent to receive such messages.

• If you are registered on any of our websites, your data will be used to manage your account (research by Client Service or to resolve technical problems);

Legal ground: Processing is required for the fulfilment of a contract, our legitimate interests (solving technical problems with our website or services).

• If you take an assessment (online test) or a survey (online survey), your data will be used:
  • to identify you to the organization who invited you to do the assessment or survey
  • for technical support purposes;
  • to produce your assessment results; and
  • survey results;

Legal ground: Processing is required for the fulfilment of a contract.

The personal data gathered via our Applications are processed and stored in Canada. However, the storage location may change, depending on our agreement with the client.

How Do We Obtain Your Consent to Collect Your Personal Data?
When you provide personal data in order to complete a transaction, place an order for products or services, or fill out a test or survey, we collect the data from you and use of your personal data in accordance with this Policy to fulfill your request or provide you the ordered service.

You may, at any time, refuse to provide your personal information or withdraw your consent, where processing has been based on consent. However, it is possible that, without such information, we may not be able to supply the requested product or service, manage your account or provide you with the information you are requesting.

Does EPSI Share Your Information?
EPSI will not sell or lease clients’ personal information to any third parties. However, as part of the normal course of business, we may, when necessary, share your personal information within our company, with our affiliates or with third parties acting in our name (such as agents, representatives and service providers), or as required by law. Where allowed under applicable data protection laws, EPSI may also communicate personal information to third parties in the event of the sale, assignment or other transfer of our company, in which case, we will require that those third parties sign a confidentiality agreement and conform to the terms of this Policy.

EPSI has taken precautions to try to prevent the fraudulent use of your information on our platform.

Legal disclosure: EPSI may disclose your information as permitted or required by law. For example, a court of law or any other person or entity with legal jurisdiction may compel us to produce such information. If we have valid reasons to believe that the information might be useful to an investigation of illegal or inappropriate activities, we will disclose that information to the police or to other law enforcement organizations or other appropriate investigative entities.

How Does EPSI Protect Your Information?
It is our concern to preserve the quality and the integrity of your personal information. The technologies and security policies that we and our technical service providers apply help us to protect as much as possible our Users’ personal data against any unauthorized access, improper use, alteration, malicious or accidental destruction, or involuntary loss of data. We continuously improve our security procedures, as technology evolves, in order to maintain maximum protection. Our personnel and the personnel of our subcontractors who have access to individual data are bound, by means of a written contract, to respect our Users’ privacy and the confidentiality of such personal data.

For example, we store electronic records on secure, limited-access servers, we use a file encryption system to safeguard electronic data, we use technical tools like firewalls and passwords, and we verify that our employees are trained on the importance of maintaining the security and confidentiality of all personal information.

Our platform uses encryption technology, like secure sockets layers (SSL or TLS), to protect your personal information during data transfers. SSL and TLS encrypt order information, i.e. the identification information requested at the time of registration.

Although we cannot assume responsibility for the theft, misuse, unauthorized disclosure, loss, modification or destruction of data by a third party, we do take reasonable measures to prevent the occurrence of those situations. Despite our diligence, no system is 100% infallible, and it is with full awareness of that fact that you choose to transmit your information to us.

What Are Your Rights with Respect to Your Personal Data?
As a person affected by our data processing, you have certain rights, which we will inform you about below:

1. Right to information: You have the right to request a copy of the personal data collected about you.
2. Right to rectification: You have the right to request the completion or rectification of incorrect personal data concerning you if it is incorrect or incomplete.
3. Right of deletion: If there are certain reasons, you can request the deletion of your personal data. However, this only applies when we no longer need your data to fulfil contracts with you.
4. Revocation of consent: In general, we only process your data to fulfil the contract and do not ask for your consent for any further processing. If you have nevertheless given us your consent to further processing of your personal data in individual cases, you can revoke this consent and prevent further data processing, provided that no other justification is relevant. This right of revocation does not apply to the data that we store for the purpose of fulfilling the contract.
5. Right to limitation of processing: You may request the restriction of the processing of certain personal data for the duration of a complaint procedure or for specific other reasons.
6. Right to data portability: You may request that we transfer electronically your personal data that you have provided to us and which we have still stored to another person in charge.
7. Right to complain: You can complain about our data processing to us or to the competent data protection authority.

Please note that the above rights may only be available to data subjects in the European Union. Further there are exceptions to the above rights under EU and EU Member States’ laws, and therefore that you cannot exercise these rights in every situation.

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN

You can exercise those rights at any time and by various means, namely including:

• By emailing DPO@epsi-inc.com;
• By calling 1-866-771-9078 ext. 303;
• By postal mail sent to:
  EPSI – DPO
  A-1020 Saint-Joseph Boulevard
  Gatineau QC J8Z 1T3
  Canada

Your request must be accompanied by a photocopy of a valid, official form of identification. As stipulated by law, your request will be handled within two months of receipt.

In certain cases, you can also exercise your rights directly:

• If you have subscribed to one of our newsletters, you can unsubscribe from it, at any time, by clicking on the “Unsubscribe” link at the bottom of each email;
• If you voluntarily registered on one of our websites, you can access, edit and/or delete your data, at any time, by logging into your account;
• For cookies, you have ways to directly object to them, as explained in our Cookie Policy.

When Are Your Data Permanently Erased?
We keep your information for the time that is necessary for legitimate business purposes. We have information retention standards that are in line with those parameters. We will destroy your information once we no longer need it.

However, with regard to assessment or survey participants, EPSI will retain the assessment results for the minimum time that is necessary to fulfill our obligations at law or our contractual obligations.

Nevertheless, EPSI reserves the right to retain, in an anonymized format, some or all of the collected data (without the participant’s first or last name or ID) for purposes of statistical analysis.

Communicating with EPSI
EPSI is responsible for processing information. If you have any questions, comments or complaints regarding our organization’s privacy practices, we invite you to email us at DPO@epsi-inc.com (please be sure to read the Cookie Policy). You can also contact us by calling 1-866-771-9078 or by writing to us at the following address:

EPSI – DPO
A-1020 Saint-Joseph Boulevard
Gatineau QC J8Z 1T3
Canada

We will respond to your request as soon as possible, and no later than 30 days from the date we receive your question.

Modification and Acceptance
EPSI reserves the right to modify this policy at any time, in whole or in part. Any changes will take effect at the time a new policy is published.

By using EPSI’s Applications, you agree to this Privacy Policy.

Version
This version of the Privacy Policy was updated on June 6, 2019.

This site is edited by EPSI Inc. Please consult our Legal Notices.

Use of This Website
This website is owned and operated by Évaluation Personnel Sélection International Inc. (hereinafter “EPSI”). Your use of this website is subject to the following Terms and Conditions (hereinafter the “Terms”) and all applicable laws. By accessing and browsing this website, you accept these Terms without limitation or qualification. By accessing a section of this website that requires the use of a password or access code, you represent and warrant that you have legitimately obtained the password or access code from the EPSI. If you do not agree with these Terms, whether in whole or in part, do not use this website. You are responsible for ensuring that your access to this website and the material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.

Exclusion of Warranties
EPSI makes no representation or warranty regarding the functionality, good working order or condition of this website, the information, applications, products, and services contained on this website, its suitability for use, its use in an uninterrupted or error-free manner or the security of any data communicated via this website. ALL MATERIAL, TESTS, APPLICATIONS, PRODUCTS, SERVICES, AND INFORMATION ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. EPSI DISCLAIMS ALL WARRANTIES AND CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusions otherwise provided in these Terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such non-permitted exclusions may not apply to you.

Limitation of Liability
EPSI, its shareholders, directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with this website, its content, or the use thereof or access thereto. For greater certainty, but without limitation whatsoever and notwithstanding anything to the contrary, EPSI, its shareholders, directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with the following:

1. telecommunications systems breakdowns, underperformance, delays, interruptions in service, electrical failures, including such failures and problems affecting the communication, transmission, accuracy or prompt reception of information, material, messages or instructions between you and EPSI or preventing, in whole or in part, the transmission of such information, material, messages or instructions;
2. your inability, at any time, to access any part of the website or its content, or the products and services offered on this website;
3. the interception, loss or disclosure of confidential or sensitive information communicated via the Internet, including personal information;
4. the lack of reliability, prompt access or availability of this website or any part of its content and the products and services offered on this website; and
5. the failure of the Site Owner to take corrective measures.

Your sole and exclusive remedy is to discontinue accessing and using this website. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation, such part does not apply.

The exclusions and limitations mentioned above shall apply regardless of whether the claims, losses, costs, or damages are founded on a contractual or extra-contractual basis or on any other theory of liability, and these exclusions and limitations shall apply even if EPSI is advised of the possibility of such claims, losses, costs or damages.

Given that certain jurisdictions prohibit the exclusion or limitation of moral, bodily, incidental or consequential damages, the liability of EPSI in those jurisdictions is limited to the extent allowed by law.

Indemnification
You agree and undertake to take up the interest, indemnify and hold harmless EPSI, its shareholders, directors, officers and employees, from all liability, claims, suits originating from a third party, and damages (including reasonable fees owed to lawyers and experts) arising out of or in connection with your failure to respect the present Terms or from any other act or omission on your part through your use of this website, your access to this website or its access by anyone using your computer system with your permission and on your behalf.

Password or Personal Access Code
Access to some sections of this website, including the sections “online tests” and “online test management”, requires a password or a personal access code. By accessing these sections, you represent and warrant that you have legitimately obtained the password or personal access code from the Site Owner. If you have been given a password or personal access code, you agree to:

1. keep it confidential,
2. not disclose it to anyone,
3. not to allow third parties to use it,
4. inform EPSI of the lost or non authorized use of such password or personal access code and
5. be solely responsible for all activities that occur under the use of such password or personal access code.

Copyrights and Trade-Marks
It is necessary to obtain a password or personal access code to use certain sections of this website, including the sections “online test” or “online test management”. If you access these sections, you declare that you have legitimately obtained your password or access code directly from EPSI. If you have been assigned a password or access code, you agree to keep it confidential, not to disclose it to anyone and not to allow others to use it. You agree to assume full responsibility for all activities related to the use of this password or access code. In addition, you agree to notify EPSI of the loss or unauthorized use of your password or access code.

Material on this website, including but not limited to texts (including the tests, test reports, test correction forms, test answer sheets), images, illustrations, graphics, software, HTML code, audio clips, and video clips, is owned by EPSI or otherwise provided thereby under license, and EPSI does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by all applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio, video or executable files, without the prior written consent of EPSI, except if these actions are a technological consequence of browsing this website. Trade-marks displayed on this website (“Marks”), are registered or unregistered Marks of EPSI or others and are the property of their respective owners. The Marks may not be used without written permission from the owners of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.

Information Transmitted
You acknowledge that any unprotected e-mail communication via the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material that you provide electronically to EPSI by accessing or using this website does not infringe the rights of any other person or entity, and that EPSI may use that information or material, in whole or in part by any means whatsoever, including reproduction, retransmission or publication of the said information or material, or ideas, concepts or other information contained therewith, for the commercial purposes of the Site Owner. PLEASE REFER TO THE PRIVACY POLICY FOR MORE INFORMATION.

Prohibited Conduct
Users of this website agree not to:

1. restrict or inhibit any other user from using this website;
2. knowingly or otherwise, introduce into or through this website any errors, defects, viruses or other harmful components, which may be harmful to EPSI or website users;
3. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, or any blatant expression of bigotry, racism, hatred or harassment, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, federal or foreign law;
4. exploit in any way any website information, software or material, for commercial purposes;
5. post on or transmit through the website material constituting solicitations for sales or purchases, advertising, promotional or marketing material.

By completing a test or transmitting information to the Site Owner, you automatically grant (or warrant that the owner of such material expressly grants) to EPSI a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, exploit, broadcast, transmit, communicate, create compilations and derivative works from such submitted materials for the purposes of its commercial activities. In addition, you warrant that all “moral rights” in such materials have been waived.

Monitoring
EPSI may monitor the access to this website and other activities in relation thereto. EPSI may intervene to ensure the respect of these Terms, but makes no representation and gives no warranty as to said monitoring. By using and accessing this website, you consent to said monitoring should EPSI proceed therewith and to any eventual intervention.

Links
Links and references to other websites are provided to you as a convenience only. EPSI has not reviewed and does not expressly or implicitly endorse other websites or their content, or the accessibility thereof via such links, and does not assume any responsibility for any such other websites, information or material, products or services posted or offered thereon. You may not create links from other websites to pages of this website other than to the main page, except if expressly permitted to do so by EPSI (to obtain permission, contact our Website Administrator).

Accuracy of Information
While EPSI may update the information or material on this website from time to time, EPSI does not represent or warrant that information or material on this website is up-to-date, accurate, error-free or complete.

Responsibility for Your Computer System
You remain entirely responsible for all damage caused to your computer system by

1. the connection, configuration and compatibility of the different components of your computer system,
2. the use of all material originating from any website whatsoever, access to any website,
   • access to any website,
3. the download of any data, software or viruses.

EPSI, its shareholders, directors, officers, and employees, assume no liability whatsoever for the illegal access to your computer system by hackers nor for the quality, reliability, compatibility or speed of services provided by any Internet service provider.

Risks Related to the Internet
Communications via the internet may be intercepted, lost or modified. Thus, no personal information should be transmitted by you to EPSI by way of email, unless measures have been taken to ensure the security of the communication. You agree that EPSI, its shareholders, directors, officers, and employees, assume no liability whatsoever towards you or a third party for any injury or damages suffered in relation to an email sent to EPSI or by EPSI upon your request. You fully assume the risks associated with such communication.

Viruses, etc.
EPSI does not represent or warrant that the information or material, including any downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems that are discovered will be corrected.

Reserve of Rights
All rights not expressly granted in these Terms are reserved to EPSI or its licensors. Nothing contained in these Terms shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual right of EPSI or of any other person or entity.

Governing Law
This website is controlled and operated by EPSI from Gatineau, Quebec, Canada and these Terms shall be governed by the laws of the province of Quebec and applicable federal laws, without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the exclusive jurisdictions of the courts of the judicial district of Montreal in connection with the interpretation or application of these Terms.

Severability
If any provision of these Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction nor shall it affect the legality, validity or enforceability of any other provision of these Terms and conditions in any jurisdiction.

Changes to Terms
EPSI may modify, alter or otherwise update the terms applicable to this website from time to time without notice and you agree to be bound by such terms as are in effect at the time you access this website.

Cookies
You consent to the use of “cookies” (small text files transferred to your browser by a website) by the EPSI. These cookies keep a record of your preferences, making your subsequent visits to this website more efficient and allowing EPSI to provide improved service by personalizing website content that you and other users will have access to. Most browsers are designed to accept cookies, but their settings can be easily modified so that cookies are refused (see your browser’s help files for details).

No Waiver
EPSI’s failure to insist upon or to enforce strict performance of any right or provision of these Terms shall not constitute or be construed as a waiver of any right or provision.

Termination
You acknowledge and agree that EPSI, in its sole and absolute discretion, may, without notice to you, suspend, cancel or terminate your use of, or access to, this website or any of its services, and remove and discard any information or content related to this website or any of its services(and your use thereof), for any reason, including where EPSI believes that you have violated any of these Terms. You further agree that EPSI shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this website or any of its services or with any of these Terms, or with any conditions, rules, policies, guidelines, or practices of EPSI or any of the services available on this website, your sole and exclusive remedy is to discontinue using this website or its services.

Assignment
This agreement is personal to you, and you may not assign your rights or obligations to anyone.