Privacy Policy

Last Updated:  November 8, 2019

Our Business

We recognize privacy is important to our customers. This policy describes how and why Smart Serve Ontario (“Smart Serve”, “we”, “us” or “our”), collects personal information from customers and visitors to our website smartserve.ca (including any domain names controlled by Smart Serve that link to that website), and how that data will be used and shared with third parties. Smart Serve is committed to respecting the privacy of non-personally identifiable data and anonymous user data gathered. We urge you to read the Policy carefully in order to gain a clear understanding of how we may collect, use or disclose your personal information in the course of providing you with our products or services, and your use of our website.

By using our website or services, or otherwise interacting with us, you consent to the collection, use and disclosure of your personal information by Smart Serve in accordance with the terms of and for the purposes set out in the Privacy Policy.

The following is a short summary of the key elements of this Policy. You can read the full version of the Policy following the summary.

SUMMARY OF PRIVACY POLICY

We collect the following Personal Information when you contact us, register with us, use our services or otherwise provide us with information about you:

  • full name;
  • contact information, such as your email address, mailing address and telephone number;
  • date of birth;
  • your gender;
  • your preferred primary language;
  • password(s) you are asked to create in order to use our services;
  • payment and banking information, including your credit card number, billing address and transaction;
  • a copy of your government-issued identification;
  • your photograph;
  • your Smart Serve certificate number;
  • the name of the organization that provided you with a token to take the Smart Serve final test (if applicable);
  • your final test answers and test result;
  • the time you spend accessing online course materials and your progress through the materials;
  • your resume or bio (if you are a Smart Serve course facilitator and provide this information);
  • social media information; and
  • any other personal information that you choose to provide to us.

The following usage information may be collected automatically through your web browser or device:  

  • information about how, when and where you use our services;
  • the hardware and software you use to interact with our services;
  • your device identifier;
  • your mobile network information;
  • the settings you use on our services;
  • your network location;
  • your IP address; and
  • information about the webpages you visited prior to coming to our website.

We use your Personal Information for the following purposes:

  • provide you with our products, services, and the use of our website and your account;
  • complete transactions to license access to study materials and to register for the Smart Serve final test and process payment for such transactions;
  • verify your identity for the purpose of the Smart serve final test;
  • issue you with a Smart Serve certification (if applicable);
  • provide you with technical support and handle inquiries you may have;
  • improve the quality and functionality of the website, enhance your experience, create new services, change/cancel existing content and services, or for statistical purposes;
  • communicate with you about our products and services, including updates or newsletters;
  • conduct surveys and market research;
  • carry out promotions and contests;
  • deliver content that may be of interest to you;
  • ensure that our website remains functioning and secure;
  • investigate, prevent or act on any illegal activities or violations of our Terms of Use; and
  • comply with any applicable law and assist law enforcement agencies as required.

We share your Personal Information with the following parties:

  • individuals or organizations who are our advisers or consultants;
  • our payment provider Bambora Inc. (whose privacy policy can be found at https://www.bambora.com/en/ca/privacy-policy/) for the purposes of completing transactions with respect to our products and services, as Smart Serve does not process any credit card payments and relies on Bambora to carry out this function;
  • our learning management software provider Absorb Software Inc. (whose privacy policy can be found at https://www.absorblms.com/about/privacy-policy/). Absorb facilitates customer access to Smart Serve training materials through its online software platform and its software is also used to facilitate customers taking the Smart Serve final exam online;
  • our final test proctoring service provider, Integrity Advocate Inc. (whose privacy policy can be found at https://integrityadvocate.com/Home/Privacy?lang=en), for the purpose of verifying the identity of customers who take Smart Serve final test to ensure that the individual receiving a Smart Serve certification is in fact the individual who took the test. Online proctoring is a specialised service and Integrity Advocate carries out proctoring services for Smart Serve;
  • the Alcohol Gaming and Commission of Ontario (AGCO) (whose privacy policy can be found at https://www.agco.ca/terms-privacy-and-copyright) for the purpose of allowing AGCO officials to verify compliance of individuals and employers in Ontario with the Liquor Licence Act (Ontario) by reviewing an individual’s name, date of birth, and Smart Serve certificate number. The AGCO is responsible for regulating the alcohol, gaming and horse racing sectors and cannabis retail and is responsible for the administration of the Liquor Licence Act (Ontario).
  • other service providers, including individuals or organizations who are, or may be, involved in maintaining, reviewing and developing our systems, procedures and infrastructure including testing or upgrading of our computer systems.

You have the following choices:

Depending on the products, services or your use of our website, your choices may include the following:

  • Cookies Settings and Preferences. You may disable cookies and other tracking technologies through the settings in your browser. While doing so may negatively affect your experience with the use of our website, it will not prevent us from transacting with you.
  • Marketing e-mails. You may sign up for our mailing lists in order to receive promotional and other materials that may be of interest to you. If you no longer wish to receive marketing e-mails from us, you may choose to unsubscribe at any time by clicking on the “unsubscribe” link in our emails or by contacting us at privacy@smartserve.ca.
  • Opt-Outs. You may contact us to opt out of the use or sharing of your personal information, including for marketing or advertising purposes, and/or the provision of your personal information to our business partners for such purposes.
  • Google Ads. Google Ads remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
  • Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
  • For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

In case of a breach of security safeguards, we will:

  • determine whether the breach creates a real risk of significant harm to you, including physical, financial or reputational harm;
  • notify you, the Office of the Privacy Commissioner of Canada and/or any provincial Information and Privacy Commissioner(s), as appropriate;
  • notify any other organization or government institution that can reduce the risk or mitigate the harm from the breach; and
  • keep a record of the breach in accordance with our legal obligations.

How to contact us:

For more information about this Policy, our privacy practices or to obtain access to or correction of your personal information, please contact us at privacy@smartserve.ca.

FULL VERSION OF PRIVACY POLICY

This Policy covers the following:

  1. What is Personal Information?
  2. What Personal Information do we collect?
  3. How do we collect your Personal Information?
  4. Cookies and tracking technologies
  5. How do we use your Personal Information?
  6. How do we share your Personal Information?
  7. How long do we retain your Personal Information?
  8. Where do we store your Personal Information?
  9. How do we protect your Personal Information?
  10. What do we do in case of a privacy or security breach?
  11. How can you access or correct any inaccuracies in your Personal Information?
  12. Your choices with respect to the collection, use and disclosure of your Personal Information
  13. Links to other websites
  14. Resolving your privacy concerns
  15. Changes to this Privacy Policy

Personal Information

1. What is Personal Information?

Personal Information” means any information, recorded in any form, about an identified individual or an individual whose identity may be inferred or determined from such information. “Personal Information” may or may not include business contact information, depending on the jurisdiction.

Anonymized data

This Policy does not cover anonymized aggregated data from which the identity of an individual cannot be determined. Smart Serve reserves the right to use anonymized data in any way it determines appropriate.

2. What Personal Information do we collect?

We collect the following Personal Information when you contact us, register with us, use our services or otherwise provide us with information about you:

  • full name;
  • contact information, such as your email address, mailing address and telephone number;
  • date of birth;
  • your gender;
  • your preferred primary language;
  • password(s) you are asked to create in order to use our services;
  • payment and banking information, including your credit card number, billing address and transaction;
  • a copy of your government-issued identification;
  • your photograph;
  • your Smart Serve certificate number;
  • the name of the organization that provided you with a token to take the Smart Serve final test (if applicable);
  • your final test answers and test result;
  • the time you spend accessing online course materials and your progress through the materials;
  • your resume or bio (if you are a Smart Serve course facilitator and provide this information);
  • social media information; and
  • any other personal information that you choose to provide to us.

Automatically Collected User Information

We obtain certain information about your use of our website. This information will be collected when customers use our website and their Smart Serve account. Additionally, certain other information (such as cookies, described below) is transmitted by our Web server to your computer. Specific types of usage information that may be collected automatically are described below:

  • information about how, when and where you use our services;
  • the hardware and software you use to interact with our services;
  • your device identifier;
  • your mobile network information;
  • the settings you use on our services;
  • your network location;
  • your IP address; and
  • information about the webpages you visited prior to coming to our website.

Social Media Information

We maintain a Facebook page, Instagram profile and LinkedIn profile to interact with the public. If you interact with our Facebook, Instagram or LinkedIn profiles (e.g. “liking” our Facebook page, commenting on Instagram photos, or “following” our LinkedIn profile) the personal information on the social media platform declared by you as public or publicly available, such as your social media name, User ID, age, gender, profile picture, friends list, and other data can be transmitted to us by the social media company. Please note that we have no influence on the information processed by these companies. For the purpose and scope of data collection, and further processing and use of the data by Facebook, Instagram and LinkedIn can be found on their respective privacy policies.

Facebook: https://www.facebook.com/policy.php

Instagram: https://help.instagram.com/155833707900388/

LinkedIn: https://www.linkedin.com/legal/privacy-policy

3. How do we collect your Personal Information?

Smart Serve only collects Personal Information for purposes that would be considered reasonable in the circumstances and only such information as is required for the purposes of providing our products, services or website. We use only fair and lawful methods to collect Personal Information.

(i)           Consent

Unless permitted by law, no Personal Information is collected, without first obtaining the consent of the individual concerned to the collection, use and disclosure of that information. By using our website or services, or otherwise interacting with us, you consent to the collection, use and disclosure of your Personal Information by Smart Serve in accordance with the terms of and for the purposes set out in the Privacy Policy. However, we may seek consent to use and disclose Personal Information after it has been collected in those cases where we wish to use the information for a new or different purpose where the individual concerned has not already consented to such a use of their personal information.

(ii)          Withdrawing your consent

In most cases and subject to legal and contractual restrictions, you are free to refuse or withdraw your consent at any time upon reasonable, advance notice by contacting privacy@smartserve.ca. Consent cannot be withdrawn retroactively. It should be noted that our products or services can only be offered if you provide us with your Personal Information. Consequently, if you choose not provide us with the required Personal Information, we may not be able to offer you these products or services.

4. Cookies and tracking technologies

Cookies

We use Cookies to collect usage information when you visit our website and to serve advertisements to users. Cookies are small text files placed on your hard drive that assist us in providing a more customized website experience. Many cookies contain what is known as a “cookie ID.” A cookie ID is a unique identifier that consists of a string of characters that websites and servers use to distinguish your browser from other browsers that store different cookies, and to recognize each browser by its unique cookie ID.

Declining cookies: If you are concerned about cookies, most browsers permit individuals to decline cookies. To learn how you may be able to reduce the number of cookies you receive from us, or disable cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser. You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information on cookies and how to manage and block cookies using different types of browsers. Note that while declining cookies may negatively affect your user experience on our websites, it will not prevent us from transacting with you.

Log Files

In order to properly manage our website we anonymously log information on our systems, and identify categories of visitors by items such as domains and browser types. These statistics are used to manage the operational efficiency of our systems. However, declining or disabling cookies will not prevent you from transacting with us.

Google Analytics

We use Google Analytics, a web analysis service of Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA (“Google Analytics”) on our website. Google Analytics uses programs that allow your use of our website to be analyzed, in particular, the website from which you access our website and services (known as “referrers”), which sub-pages you access, and how often and for how long you view each sub-page. Each time you visit a page on our platform on which Google Analytics is active, the browser on your device automatically submits this data to Google Analytics for analysis.

Google Inc. will use this information on our behalf to evaluate how users use our website and services, to compile reports on activity within this platform and to provide us with other services relating to the use of the website and services and internet use. Google Inc. may also transmit this information to third parties if required by law or when third parties process this data on behalf of Google Inc. In this case, pseudonymous user profiles can be created from the processed data. You may also prevent the collection of data generated by the cookie and related to your use of our website and services (incl. your IP address) by Google Inc. and the processing of this data by Google Inc. by downloading and installing the browser add-on available under the following link https://tools.google.com/dlpage/gaoptout?hl=en  The installation of the browser add-on will be considered as a denial of consent by Google Inc.

As an alternative to the browser add-on or within browsers on mobile devices, click this link https://tools.google.com/dlpage/gaoptout?hl=en to prevent the collection and use of your data by Google Analytics with future effect.

5. How do we use your Personal Information?

Smart Serve uses the data collected from users and website visitors, including Personal Information, in order to:

  • provide you with our products, services, and the use of our website and your account;
  • complete transactions to license access to study materials and to register for the Smart Serve final test and process payment for such transactions;
  • verify your identity for the purpose of the Smart serve final test;
  • issue you with a Smart Serve certification (if applicable);
  • provide you with technical support and handle inquiries you may have;
  • improve the quality and functionality of the website, enhance your experience, create new services, change/cancel existing content and services, or for statistical purposes;
  • communicate with you about our products and services, including updates or newsletters;
  • conduct surveys and market research;
  • carry out promotions and contests;
  • deliver content that may be of interest to you;
  • ensure that our website remains functioning and secure;
  • investigate, prevent or act on any illegal activities or violations of our Terms of Use; and
  • comply with any applicable law and assist law enforcement agencies as required.

We may also use statistical or aggregated information about the website’s use and share, publish, post, disseminate, transmit or otherwise communicate or make available such information, to suppliers, business partners, affiliates and any other third party, at our sole discretion.

Our use of Personal Information is limited to the purposes described in this Policy. We do not otherwise sell, trade, barter, exchange or disclose for consideration any Personal Information we have obtained.

We reserve the right to transfer any personal information we have in the event that we merge or are acquired by a third party, or should a third party acquire all or part of our organization or its assets, or should any such transactions be proposed.

6. How do we share your Personal Information?

Smart Serve discloses the data collected from users and website visitors, including Personal Information, to the following parties:

  • individuals or organizations who are our advisers or consultants;
  • our payment provider Bambora Inc. (whose privacy policy can be found at https://www.bambora.com/en/ca/privacy-policy/) for the purposes of completing transactions with respect to our products and services, as Smart Serve does not process any credit card payments and relies on Bambora to carry out this function;
  • our learning management software provider Absorb Software Inc. (whose privacy policy can be found at https://www.absorblms.com/about/privacy-policy/). Absorb facilitates customer access to Smart Serve training materials through its online software platform and its software is also used to facilitate customers taking the Smart Serve final exam online;
  • our final test proctoring service provider, Integrity Advocate Inc. (whose privacy policy can be found at https://integrityadvocate.com/Home/Privacy?lang=en), for the purpose of verifying the identity of customers who take Smart Serve final test to ensure that the individual receiving a Smart Serve certification is in fact the individual who took the test. Online proctoring is a specialised service and Integrity Advocate carries out proctoring services for Smart Serve;
  • the Alcohol Gaming and Commission of Ontario (AGCO) (whose privacy policy can be found at https://www.agco.ca/terms-privacy-and-copyright) for the purpose of allowing AGCO officials to verify compliance of individuals and employers in Ontario with the Liquor Licence Act (Ontario) by reviewing an individual’s name, date of birth and Smart Serve certificate number. The AGCO is responsible for regulating the alcohol, gaming and horse racing sectors and cannabis retail and is responsible for the administration of the Liquor Licence Act (Ontario).
  • other service providers, including individuals or organizations who are, or may be, involved in maintaining, reviewing and developing our systems, procedures and infrastructure including testing or upgrading of our computer systems.

7. How long do we retain your Personal Information?

We keep your Personal Information only as long as it is required for the reasons it was collected. The length of time we retain information varies, depending on the purpose for which it was collected and the nature of the information. This period may extend beyond the end of your relationship with us but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date. As such, we may keep your account information after the termination of your account.

When your Personal Information is no longer required for the purposes for which it was collected, we will destroy, delete, erase or convert it into an anonymous form. If we learn that we have unintentionally stored personal information (e.g., if we become aware that a URL that we store contains personal information), we will use commercially reasonable efforts to anonymize or purge this information.

8. Where do we store your Personal Information?

Smart Serve and its third party service providers may store and process your personal information in Canada and other foreign countries, including the United Kingdom, where privacy laws may offer different levels of protection from those in Canada. Where personal information is stored outside of Canada (whether by a service provider or by us), it is subject to the laws of that foreign jurisdiction, and may be accessible to that jurisdiction’s government, courts, or law enforcement or regulatory agencies. Please also note the relevant privacy policies of our partners.

9. How do we protect your Personal Information?

We use physical, electronic, and administrative safeguards designed to protect your personal data from loss, misuse and unauthorised access, use, alteration or disclosure. We further protect Personal Information by restricting access to it to those employees that require access to the information in order to provide our products, services or website. We use technical, contractual, administrative and physical measures to protect against unauthorized access.

If any officer, employee or volunteer of Smart Serve misuses Personal Information, this will be considered as a serious offence for which disciplinary action may be taken, up to and including termination of employment/volunteer contract. If any third party individual or organization misuses Personal Information obtained solely for the purpose of providing services to Smart Serve, this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between Smart Serve and that individual or organization.

Where Smart Serve transfers Personal Information to third party service providers or contractors that perform services on its behalf, we will require those third parties to use such information solely for the purposes of providing services to Smart Serve or our users, and to have appropriate safeguards for the protection of that Personal Information. Sharing of information with third party service providers and contractors will occur only after those entities have entered into an agreement that: (a) prohibits them from using, allowing access to, or disclosing your Personal Information to any other party (unless required to do so by law); and (b) requires them to have appropriate protections in place to ensure the ongoing confidentiality of your Personal Information.

10. What do we do in case of a privacy or security breach?

A “breach of security safeguards” is defined as the loss of, unauthorized access to or unauthorized disclosure of personal information resulting from a breach of an organization’s security safeguards or from a failure to establish those safeguards. In case of a breach of security safeguards involving your Personal Information under our control, we will notify you and the Privacy Commissioner of Canada, and any provincial Information and Privacy Commissioner(s), as appropriate, if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to you, including physical, financial or reputational harm. We will also notify any other organization or government institution that can reduce the risk or mitigate the harm from the breach. We will keep a record of all breaches in accordance with our legal obligations.

11. How can you access or correct any inaccuracies in your Personal Information?

Smart Serve endeavors to ensure that any Personal Information provided and in its possession is as accurate, current and complete as necessary for the purposes for which we use that information. If we become aware that Personal Information is inaccurate, incomplete or out of date, we will revise the Personal Information and, if necessary, use its best efforts to inform third party service providers or contractors which were provided with inaccurate information so that those third parties may also correct their records.

Smart Serve permits the reasonable right of access and review of Personal Information held by us about an individual and will endeavour to provide the information in question within a reasonable time, generally no later than 30 days following the request. To guard against fraudulent requests for access, we may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or making corrections.

Smart Serve will not charge you for verifying or correcting your information, however, to the extent permitted by applicable law, there may be a minimal charge imposed if you need a copy of records.

12. Your choices with respect to the collection, use and disclosure of your Personal Information

Depending on the products, services or your use of our website, your choices may include the following:

  • Cookies Settings and Preferences. You may disable cookies and other tracking technologies through the settings in your browser. While doing so may negatively affect your experience with the use of our website, it will not prevent us from transacting with you.
  • Marketing e-mails. You may sign up for our mailing lists in order to receive promotional and other materials that may be of interest to you. If you no longer wish to receive marketing e-mails from us, you may choose to unsubscribe at any time by clicking on the “unsubscribe” link in our emails or by contacting us at privacy@smartserve.ca.
  • Opt-Outs. You may contact us to opt out of the use or sharing of your personal information, including for marketing or advertising purposes, and/or the provision of your personal information to our business partners for such purposes.
  • Google Ads. Google Ads remarketing service is provided by Google Inc. We use remarketing to target our online advertising. Remarketing means that third-party vendors, including Google, will show Smart Serve advertising on sites across the internet and the placement of the advertising is based on website users’ preferences as tracked by cookies during prior use of the internet.

You can opt-out of Google Ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads and you can find more information about blocking ads here: https://support.google.com/ads/answer/2662922?hl=en For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

13. Links to other websites

We may provide links to third-party websites or resources, or third-party information referencing or linking to third-party websites or resources. Smart Serve has no control over such third-party websites and resources, and you acknowledge and agree that Smart Serve is not responsible for the content or information contained therein. When you follow such a link, you are no longer protected by our Privacy Policy, and we encourage you to read the privacy statements or other disclaimers of such other parties. Smart Serveis not responsible for the privacy or security practices or the content of external websites, services or products.

Smart Serve cannot and does not guarantee, represent or warrant that the content or information contained in such third-party websites and resources is accurate, legal, non-infringing or inoffensive. Smart Serve does not endorse the content or information of any third-party website or resource and, further, Smart Serve does not warrant that such websites or resources will not contain viruses or other malicious code or will not otherwise affect your computer. By using Smart Serve’s website to link to a third-party website, you agree and understand that Smart Serve shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on, Smart Serve to link to a third-party website.

14. Enforcement, Questions, and Complaints

If you have any inquiries or concerns regarding this Privacy Policy or our privacy practices, or to exercise your rights, please contact Smart Serve by emailing us at privacy@smartserve.ca or at:

Privacy Officer
Smart Serve Ontario
5407 Eglinton Ave. W., Suite 105
Toronto, Ontario, Canada
M9C 5K6

15. Changes to this Privacy Policy

We may revise this Privacy Policy from time to time. Therefore, it is recommended that you read it periodically. You will be able to easily see if changes have been made by checking the “last updated” date at the beginning. All substantial changes made to this policy will be notified on the website, at our sole discretion, and will take effect immediately. If you do not agree to the terms of this Privacy Policy or any other Smart Serve policy, agreement, or disclaimer, you should exit the site and cease use of all Smart Serve services immediately. Your continued use following the posting of any changes to this Privacy Policy means you agree to be bound by the terms of this Privacy Policy.