Privacy Code

  

Drake's privacy commitment and accountability

At Drake, we are committed to protecting the privacy of personal information that you give to us. This document is to inform you of how we at Drake collect, use and disclose your personal information for our recruitment, flexible staffing and training/certification businesses. Drake is accountable for the personal information you have supplied to us. Our employees are informed about the importance of privacy and each is responsible for the personal information within his or her control. Our Privacy Officer is responsible for coordinating our compliance with both federal and provincial privacy laws.

Your personal information

Generally, personal information is any piece of information, factual or subjective, about an identifiable individual. Some examples of the types of personal information that may be held by Drake includes your name, address, date of birth, contact details, qualifications, education, work history, skills, aptitudes, resume, salary/benefit information, information derived from background checks such as criminal and credit record, banking details, driver's license number and information about your hobbies and interests. It will also include information we derive about you through the administration of skills, personality or aptitude testing.

 

Purposes for which we collect personal information   

Drake provides recruitment services that respond to the needs of both employers ("clients") and applicants by helping to place the right person in the right position. Personal information supplied by you is used by us to consider and evaluate your qualifications for either permanent or temporary employment with Drake or one of our clients. For individuals who are hired by Drake, and for temporary staffing arrangements, we also collect information to provide payroll services.

In any case, we collect only that personal information we need for those purposes.

 

How we collect personal information

Drake collects your personal information, for the identified purposes, in a number of ways, including:

• When you provide information by phone or in documents such as an application form or a resume; this may be via e-mail or delivery of hard copy of such information;
• Through interviews with you in person or by telephone, or by other Video interviewing technology;
• By contacting the individuals that you have nominated as your references;
• From clients to whom services are supplied as part of our temporary staffing business;
• Through the administration and assessment of the results of aptitude tests and the interpretation of the results of such tests.

 

How we use your personal information

Drake's employees will use personal information about you to assess your suitability for permanent or temporary positions with Drake or with its clients.

We will disclose your personal information to clients for the purposes of attempting to recruit you to specific positions that we feel you may be suited to, and/or for supplying your services to clients as a temporary fieldstaff worker. The personal information disclosed to clients will be all the personal information required to make an informed decision.

 

We may also disclose your personal information to the following parties outside of Drake:

• Organizations that provide essential services to Drake such as organizations to whom certain business functions or processes may be outsourced, or to other temporary staffing companies, where we are working on a joint staffing project. We will endeavour to ensure that any such organizations will protect the personal information we supply to them in keeping with privacy laws;
• Your referees in making enquiries;
• Your financial institution and others relating to your remuneration and benefits;
• Government bodies or law enforcement agencies as required/authorized by law;
• Drake's related companies and any companies involved in a corporate or business reorganization by Drake;
• Associates of Drake (meaning separate legal entities who supply for Drake the same services as are provided by staffing consultants employed by Drake);
• Organizations and government agencies that provide background checks, including credit, criminal and education background checks;
• Any other person or organization not referred to above where you have given us specific consent to share your personal information with such person or organization.

 

Consent

We seek and confirm your consent to use your personal information as set out above at the time we first collect your personal information. If you subsequently supply further personal information it is assumed the consent we originally received is applicable to personal information supplied at a later time, provided the purposes are the same as have been identified in this document or by a Drake representative. Consent may be expressed (in writing or verbally), or it may be implied, such as when you send us unsolicited personal information, in paper copy or electronically.  Your consent can be withdrawn if you notify our Privacy Officer in writing.

I acknowledge that I am signing this form electronically and agree that this is the legal equivalent of my handwritten signature. I will not at any time in the future claim that my electronic signature is not legally binding. The date of my electronic signature is the same as my acknowledgement.

You can access your personal information

You have a right to access the personal information that we retain about you, subject to some exceptions provided by law, how we use it and how to whom it has been disclosed. If you would like to do so, please let us know. For security reasons, you will be required to put your request in writing. Further, you may be charged a small administrative fee for searching for and providing access to your information (we will advise you of the fee at the time of your request). You should address any request for access to our Privacy Office.

 

Safeguarding information

We will take appropriate measures to ensure that personal information you have supplied is stored securely, whether in electronic form or otherwise.

 

Information retention

We rely upon you to notify us of any changes in your personal information that you consider important, in order that we can keep your personal information up to date. Where we determine that your personal information is no longer required for any purpose we have identified to you, we will take reasonable steps to ensure that it is disposed of in a secure manner or rendered anonymous.  Some personal information must be retained for specific periods to comply with various laws.

 

Concerns

You have the right to complain to us if you feel we have collected, used, or disclosed your personal information in an improper way. You may do so by lodging a complaint in writing with our Privacy Officer, and you will be entitled to a response within 30 days. If you feel further action is required to address your complaint, you may seek the involvement of the Privacy Commission in Ottawa.

 

How to contact us

We also will, upon request, make available specific information about our privacy policies, practices and procedures. You can raise concerns and initiate the steps to gain access to your personal information by writing to our Privacy Officer, at:  Privacy Officer, Drake International Inc., 100 King Street West, Suite 5310, Toronto, Ontario, M5X 1E1

 

 

Drake Fieldstaff Working Terms

The information contained in this document outlines the terms and conditions under which Drake employs Fieldstaff (as hereinafter defined with reference to the Fieldstaff Employee signature line) for assignment to work at any of Drake's clients. All Fieldstaff Employees are expected to observe and adhere to employment standard regulations in their respective provinces.

In consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration (receipt and sufficiency of which is acknowledged) it is hereby agreed as follows:

 

1. Elect to Work Status

Fieldstaff Employee acknowledges that Drake is a temporary staffing service offering temporary employment assignments. As such, in this agreement, Drake employs Fieldstaff Employee under an arrangement whereby Fieldstaff Employee may elect to work or not to work when requested so to do. Due to the nature of temporary employment, Fieldstaff Employee understands that he/she will have the complete discretion to elect to work or not to work when Drake requests Fieldstaff Employee to do so, and that he/she may exercise this discretion without suffering any negative consequence or penalty.

You acknowledge and agree that if you are not available for assignment for three (3) assignments in a row, or six (6) assignments in any three (3) month period, you will be deemed to have abandoned your employment which may lead to termination of your employment and you may not be entitled to any notice of termination, or pay in lieu of such notice, and severance pay (if applicable) pursuant to contract, and the common law.

               

2. Offer of Work Assignments; Duties and Obligations at Work

Drake shall offer Fieldstaff Employee assignments for which Drake, in its sole discretion, believes that Fieldstaff Employee is suitable. Drake may terminate the Fieldstaff Employee's assignment with the client at any time at the request of the client, for any lawful reason. Fieldstaff Employee shall not take any legal action against Drake on account of the cancellation or termination of any assignment for any reason that is not unlawful.

It is acknowledged that the nature of temporary assignments is such that there may be intervals of time during which no assignments are available. When Fieldstaff Employee is not on assignment, he/she remains on Drake's active list unless and until his/her employment with Drake is terminated pursuant to section 5 hereof.  There is no commitment as to the duration of any assignment, nor any commitment to minimum hours of service required. Expected start dates and expected end dates (if provided) are estimates only and not a guarantee of work for any period of time.

You acknowledge and agree that if you fail to contact Drake at the beginning of each week to confirm your availability for work, you will be deemed to have been unavailable for work for that week.  

You acknowledge and agree that, in the event that you have not been assigned to perform work for a client for one month, you are required to contact Drake by telephone or email to advise them of your prolonged period of non-assignment.

• Services provided by Fieldstaff Employee on assignment to Drake's client shall be of the highest standards of quality or workmanship, given the particular assignment. Fieldstaff Employee will comply with all reasonable instructions and requests made by the client, within the scope of the services required for the job described and assigned to Fieldstaff Employee.
• Fieldstaff Employee shall notify Drake if he/she is asked to perform services outside of the scope of the job description for the assignment, or if he/she is not qualified or capable of performing the services requested by the client. However, Fieldstaff Employee shall not follow instructions that may place his/her health, safety or welfare at risk (for example, undertaking a task for which they have not received training or for which adequate safety precautions have not been undertaken). Fieldstaff Employee acknowledges having read and understood sections of the Employment Handbook dealing with workplace safety issues.
• Subject always to Fieldstaff Employee's rights to elect to work or not, where he/she accepts an assignment, Fieldstaff Employee will be present during the times or for the total number of hours during each day or week as are required for assignment. If Fieldstaff Employee cannot report to an assignment, or is going to be late, he/she shall notify Drake as soon as reasonably possible.
• Fieldstaff Employee agrees to inform himself/herself of, and abide by, the rules, policies and practices of the client to which he/she is assigned. Fieldstaff Employee shall take care to safeguard his/her own safety and that of others who may be affected by Fieldstaff Employee's acts, errors or omissions at work.
• You acknowledge and agree that in the event that you are offered employment and an assignment, you will be orally provided with the name of Drake, our contact information, as well as the name of the client you are being assigned to, their contact information, as well as your wage rate, benefits (if applicable), hours of work, estimated term of the assignment (if applicable), and a general description of the work. You will be paid every Friday for the hours worked during the previous week. All information will then be provided in writing as soon as practical. You accept that this written information may be presented to you personally, by mail or by electronic mail. If you do not receive this information within a reasonable time, you will notify us directly and request a copy of this information.

 

3. Temp to Perm 

If the client and Drake have reached an understanding that Fieldstaff Employee is assigned on the basis that, after a period of time on such assignment, the client will offer employment to him/her, Fieldstaff Employee agrees that this arrangement does not constitute a promise of an assignment becoming a permanent placement with the client, and Fieldstaff Employee agrees not to hold Drake responsible in any manner if client decides not to convert the temporary assignment to a permanent position.

 

4. Compensation; Completion of Timesheet

(a) For work done on assignment to Drake's client, Drake will pay Fieldstaff Employee wages weekly, subject to deductions required by law, calculated at an hourly rate, in arrears. Fieldstaff Employee acknowledges that he/she is not paid for lunch breaks. Fieldstaff Employee is not entitled to payment when absent from assignment due to sickness, or any other leave.

(b) Fieldstaff Employee has the responsibility to properly complete a timesheet, or electronic timesheet on a smartphone, tablet, or computer in accordance with the instructions in the relevant sections of the Employment Handbook. Fieldstaff Employee shall obtain the online approval or direct signature of the person to whom he/she reported on the assignment, and shall be responsible for the proper distribution of the various parts of the timesheet, and or ensuring that they have electronically submitted and received electronic approval of their hours. Accurate and prompt completion and distribution of the timesheet/electronic timesheet is a condition to Drake's obligation to pay wages of Fieldstaff Employee.

(c) Fieldstaff Employee is not eligible for participation in Drake's company life, health, dental, and pension plans.

 

5. Termination of Employment

Either party, Fieldstaff or Drake may terminate the employment of Fieldstaff Employee immediately upon delivery of written notice to the other. In the event the employment standards legislation in any province requires a minimum period of notice be given for terminations which are not for cause, the length of notice to be given will be limited to the minimum required under the employment standards legislation for the province in which the Fieldstaff Employee is employed.

For greater certainty, in the event of such termination, Fieldstaff Employee shall continue to be bound all obligations of confidentiality set forth in the “Fieldstaff Workplace Policies" portion of the Employment Handbook, which obligations survive termination of employment.

You acknowledge and agree that your employment may be terminated at any time, without cause, in which case Drake shall only be required to provide you the minimum notice of termination and/or pay in lieu thereof,

and severance pay (if applicable), pursuant to the employment standards legislation for the province in which you are employed.

 

6. General Provisions

The parties agree that if any provision of this Agreement is unenforceable, then this Agreement shall be read as if such provision had not formed part of this Agreement and no other part of this Agreement shall be affected thereby. This Agreement supersedes all prior or existing contracts and understandings, either expressed or implied, between Drake and Fieldstaff Employee. This Agreement shall be governed by the laws of the Province in which the Drake office that assigns Fieldstaff Employee is situated.

 

7. Background Check Authorization

I authorize Drake to conduct background checks (reference, education, credit, or criminal) on me utilizing former employers, colleagues, clients, subordinates or others as deemed necessary by Drake as referees.  I grant permission to Drake to release the information obtained through such reference and background checks by Drake to their client(s).

I also acknowledge and agree that any expenses incurred by Drake in verifying my qualifications and/or fitness to work, such as obtaining a driver’s abstract, will be charged back to me.  

 

Reference Release

All our clients require business/peer references from prospective candidates. References will only be done when it is deemed necessary to further the placement process or to verify information that you have provided.

I authorize Drake to conduct reference checks on me utilizing former employers, colleagues, clients, subordinates or others as deemed necessary by Drake as referees.  I confirm that I have advised the persons nominated that I have provided their names and contact details to Drake for the purpose of seeking a reference.  I authorize Drake to conduct such other checks (such as education, social media, credit, and criminal background checks as well as behavioural assessments) as they may deem advisable or necessary (in their discretion).  I also grant permission to Drake to release the information obtained through such references and background checks by Drake to their client (s).