Job Application Terms of Service

1. Who these terms are between

These Job Application Terms of Service (the "Terms") form an agreement between you (the "Applicant", "you") and Wynter Landscaping & Handyman, an owner-operated landscaping and handyman business based in Toronto, Ontario, Canada, operated by Damion Wynter ("Wynter Landscaping", "we", "us", "our").

By checking the acceptance box and submitting the application form, you confirm that you have read, understood and agreed to these Terms, and that you consent to the collection, use, storage and disclosure of your personal information as described below.

2. Legal basis and applicable law

We handle applicant personal information in accordance with Canadian privacy law, including the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, Ontario's employment and human rights legislation, including the Employment Standards Act, 2000 and the Ontario Human Rights Code.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. Any dispute arising from an application will be resolved before the courts of Ontario, without prejudice to any right you have to file a complaint with the Office of the Privacy Commissioner of Canada or the Ontario Human Rights Tribunal.

3. Information we collect

When you submit an application through this website, we collect the information you choose to provide in the form, together with limited technical information generated automatically by the submission:

• Your first name and last name.
• Your date of birth, used solely to confirm that you meet the minimum legal working age in Ontario for the duties involved and, where relevant, to distinguish applicants with similar names.
• The résumé file you upload, including any information you have chosen to place in it (for example contact details, work history, education, certifications and references).
• The cover letter file you upload, including any information you have chosen to place in it.
• Your written answer to the application question about teamwork.
• The date and time of your submission, and the fact that you accepted these Terms.

4. Information you should not send us

Please do not include information we are not permitted to consider in a hiring decision, and do not include highly sensitive identifiers. In particular, do not send your Social Insurance Number, banking details, health or medical records, immigration documents, driver's licence images, or information about your race, ancestry, place of origin, citizenship, creed, sex, sexual orientation, gender identity, family status, marital status or disability.

If you send us information of this kind voluntarily, we will not consider it in evaluating your application and we will delete it from our records where it is reasonably practicable to do so. Any accommodation needs for the interview or trial process can be raised with us directly, and will be handled separately and confidentially in accordance with the Ontario Human Rights Code.

5. Why we collect it (purposes)

We collect, use and store the information described above for the following purposes only:

• To review, evaluate and compare your application against the requirements of the role.
• To contact you about your application, arrange interviews, and coordinate a paid or unpaid working trial where applicable.
• To verify the accuracy of statements made in your application, including contacting references you have named.
• To consider you for other current or future openings with Wynter Landscaping, unless you tell us not to.
• To maintain internal records demonstrating fair, consistent and lawful hiring practices, and to comply with our legal obligations.

6. Your consent

You must check the acceptance box before your application can be submitted. Checking that box is your express, informed and voluntary consent to the collection, use, storage and limited disclosure of your personal information for the purposes set out in Section 5.

Providing your information is entirely voluntary. However, because we cannot fairly assess an application without it, we will be unable to process your application if you do not provide the required fields or do not accept these Terms.

You may withdraw your consent at any time by contacting us using the details in Section 12. Withdrawal is subject to legal and contractual restrictions and reasonable notice, and will end our consideration of your application. Withdrawal is not retroactive and does not affect processing that already lawfully took place.

7. Storage, security and location of your information

Your submitted information and uploaded files are stored in a secured, access-controlled cloud database and file storage system used by Wynter Landscaping. Uploaded files are held in a private storage location that is not publicly listed or publicly readable, and application records cannot be read from this website by other visitors.

We apply technical and organizational safeguards appropriate to the sensitivity of the information, including encryption of data in transit, restricted administrative access, and access limited to Damion Wynter and any person he specifically authorizes to participate in hiring.

Our hosting and storage providers may process or store data on servers located outside of Canada, including in the United States. Where that is the case, your information may be subject to the laws of the jurisdiction in which it is stored, including lawful access requests by foreign courts or authorities. By submitting an application, you acknowledge and consent to this cross-border storage and processing.

No method of transmission or storage is completely secure. While we take reasonable steps to protect your information, we cannot guarantee absolute security. If a privacy breach creates a real risk of significant harm to you, we will notify you and the Office of the Privacy Commissioner of Canada as required by law.

8. Who can see your information

Access to applications is limited to the people who need it to make a hiring decision. We do not sell, rent or trade applicant information, and we do not use it for marketing.

We may disclose your information only in the following circumstances:

• To Damion Wynter and authorized personnel of Wynter Landscaping involved in reviewing applications.
• To service providers who host our website, database and file storage, strictly for the purpose of providing those services and under confidentiality obligations.
• To references you have expressly named in your application, for the purpose of verifying your experience.
• Where required or permitted by law, including in response to a valid court order, subpoena, regulatory demand or lawful investigation.

9. How long we keep it

If you are not hired, we retain your application, résumé, cover letter and written answer for up to twenty-four (24) months from the date of submission so that we can consider you for future openings and demonstrate the fairness of our hiring decisions. After that period, the records are securely deleted or irreversibly anonymized.

If you are hired, the relevant portions of your application become part of your employment record and are retained for as long as required by applicable employment, tax and records-retention legislation.

You may ask us to delete your application sooner, and we will do so unless we are legally required to keep it.

10. Your rights

Under Canadian privacy law you have the right to:

• Ask whether we hold personal information about you, and request access to it.
• Request correction of information that is inaccurate or incomplete.
• Request deletion of your application and uploaded files, subject to our legal retention obligations.
• Withdraw your consent to further processing at any time.
• Ask questions about how your information is handled, and receive a meaningful response.
• File a complaint with us and, if unsatisfied, with the Office of the Privacy Commissioner of Canada.

11. Accuracy, honesty and no offer of employment

You confirm that the information in your application is true, accurate and complete, that the résumé and cover letter you upload are your own, and that you have the legal right to work in Canada. Material misrepresentation is grounds for rejecting an application or terminating employment already commenced.

Submitting an application does not create an employment relationship, contract, offer or promise of employment, and does not guarantee an interview, a trial shift or a response. Wynter Landscaping may accept, decline, pause or close any application at its discretion, provided it acts lawfully and without discrimination.

You further confirm that any file you upload is free of malicious code and does not infringe the rights of any third party. We may scan, convert or refuse files at our discretion.

12. Contact and complaints

Questions, access requests, correction requests, deletion requests and privacy complaints can be sent to Wynter Landscaping & Handyman, attention: Damion Wynter, using the contact details published on this website. We will acknowledge your request and respond within thirty (30) days, as required by PIPEDA.

If you are not satisfied with our response, you may contact the Office of the Privacy Commissioner of Canada.

13. Changes to these Terms

We may update these Terms from time to time to reflect changes in our practices or in the law. The version in force at the moment you submit an application is the version that applies to that application. Material changes affecting information already collected will not be applied retroactively without your consent.