Privacy Notice
Effective as of February 28, 2025
Your privacy is important to Payworks Inc. (“Payworks”, “us”, “we” or "our"). Payworks is committed to protecting and respecting the privacy of the individuals who visit our websites and who use our products and services or otherwise interact with us directly.
General Information & Application
We have developed this Privacy Notice (the “Notice”) to describe:
- How we collect, use, disclose and protect your personal information, if applicable;
- The purposes for which we collect, use, and disclose your personal information;
- The types of information we may collect from you or that you may provide through the Service (as defined below); and
- Our practices for collecting, using, protecting, and disclosing personal information.
Personal information means information about an identifiable individual.
Correspondingly, this page contains Payworks’ Privacy Notice for:
- the public Payworks website www.payworks.ca (the “Site”), as well as for any other websites operated by Payworks (collectively and together with the Site, the “Sites”);
- the Payworks web application and mobile application (collectively, the “Applications”), which may be used by you as a current or past Employee of a Client (as defined below), and,
- in-person interactions with Payworks, as well as any tools, mail, email, videoconference, web or other electronic chats between you and the Sites, Applications or Payworks, or social media pages offered by Payworks on the Sites or Applications, and for any online services offered by Payworks, including but not limited to software, applications and interfaces (together with the Sites and the Applications, the “Service”).
In addition to providing the Sites, Payworks provides workforce management services and solutions to companies, businesses and organizations (each an “Organization” or “Client”). Payworks’ relationship with each Organization is governed by one or more contractual agreements (each a “Client Agreement”). Accordingly, Payworks collects and processes personal information about prospective, current or past workers (herein “Employees” or “Individuals”) on behalf of Organizations and in accordance with their instructions and the terms of any applicable Client Agreements.
This Privacy Notice may change from time to time and the updated Privacy Notice will be effective upon posting on the Service (as defined below). Please see Section 11 for more details regarding updates to this Notice.
Consent
Please read this Privacy Notice carefully to understand our practices for collecting, using and disclosing your personal information. Each time you access or use the Service, you expressly consent to the collection, use and disclosure of your personal information by Payworks in the manner and for the purposes described herein.
You may choose not to provide us with personal information or you may withdraw your consent at any time upon reasonable notice, subject to any legal or contractual requirements. However, without your personal information, Payworks may not be able to provide, or continue providing, part or all of the Service to you or to the Organization you may belong to. Please contact your Organization for more information regarding the implications of withdrawing consent.
For greater certainty, your Organization is responsible for its own privacy compliance, including managing your consent with respect to the use of the Applications. If you are an Individual whose current or past Organization uses the Service, or any portion of the Service, and you have been asked you to submit personal information as part of that Service, please see Section 10 of this Privacy Notice for more information about your Organization’s responsibilities.
Personal Information We Collect
Payworks only collects personal information about an individual with the individual’s knowledge and consent. Generally, this means that Payworks collects personal information in the following ways:
- Personal Information You Provide To Us;
- Technical Information We Collect Automatically;
- Other Ways We May Collect Personal Information; and
- Non-Personal Information.
Personal Information You Provide To Us
You may provide, and Payworks may collect, personal information from you when you interact with us. Typical information we collect includes:
- Information (such as name, telephone number, mailing address and email address) that you provide by filling in forms on our Service, which may include information provided at the time of requesting information about our Service, downloading content or posting comments;
- The IP address of your computer and which browser you used to view our Service;
- Contact and employment-related information that you provide us through the Service or when you register for and/or engage with us at a trade show or other event;
- Contact and employment-related information you provide when you enter a contest or promotion sponsored by us;
- If you contact us, records of your correspondence, requests and transactions (including email addresses), as well as your responses, actions and transactions to our communications to you;
- When you contact us for support, we collect personal information in order to authenticate you, as well as voice recordings and chat transcripts;
- When you respond to a survey or provide a customer testimonial, we collect your contact information, employment-related information, and your opinions on our Service. With your consent, we may also collect photos or videos of you;
- When you create an account on any Payworks Service, we collect authentication credentials such as username and password; and
- We may also collect other information that you may choose to provide through your interactions with us.
Cookies, Analytics Tools, & Other Technical Information We Collect Automatically
The Service uses “cookies”, which are small text files placed on your computer or other device when you visit a website. When you visit that website again, the cookie allows that website to recognize your browser. Cookies may store user preferences and other information. Additionally, the Service utilizes the following web analytics tools: Google Analytics, Sitefinity Insight, Google Ads, Hubspot, Hotjar, and Pendo. Please see our Cookie and Other Automatic Data Collection Technologies Statement for more information on how we use cookies and analytics tools.
Like many other websites, we automatically collect certain technical information regarding website users. When you visit the Service, we may collect, using electronic means, this technical information. This technical information may include:
- The IP address of your computer and which browser you used to view our Service;
- Operating system;
- Resolution of screen;
- Location;
- Language settings in browsers; and
- The site you came from and searched for keywords if arriving from a search engine.
This technical information is aggregated and used to measure and improve the effectiveness of our Service.
Other Ways We May Collect Personal Information
Payworks may also receive or collect personal information from third parties, such as:
- Employment-related information to be processed on behalf of Clients subject to a Client Agreement;
- Other companies and third parties may provide us with contact information and employment-related information of businesses or individuals that might be interested in our services. Payworks relies on these other companies and third parties to obtain your consent prior to collecting and transferring your personal information to us;
- Biometric data of Individuals employed by a Client through the use of a punch clock as part of a timekeeping system, which may include fingerprint(s), handprint(s), and/or facial recognition; and
- We may collect contact information from publicly available sources as permitted by law.
Non-Personal Information
Payworks may collect, use and disclose non-personal information, including business contact information (where applicable by law) and/or aggregated data resulting from the combination and/or aggregation or certain raw data collected from you with other data in a way that no longer personally identifies you. We make no attempt to link aggregated data with the identity of individuals. We may permanently archive non-personal information for future use in any manner whatsoever.
Purpose of Collection and Use of Personal Information
Payworks collects and may use your personal information to, among other things:
- Provide the Service to Organizations in accordance with the applicable Client Agreements;
- Develop and maintain business relationships;
- Present and/or provide our Service to you including, managing any account you have with us;
- Verify your identity, and/or eligibility to receive information and services from us;
- Provide you with information or services that you request from us;
- Respond to questions, comments, job applications, or complaints that you submit to us;
- Send informational communications such as invitations to events, training and product alerts;
- Administer a contest, promotion, survey or other Site feature as well as plan and manage Payworks-organized or sponsored events;
- Publish customer testimonials;
- Facilitate and improve our marketing communications, Client relationships and/or Client experiences;
- Send mail, emails, newsletters or other communications you have consented to receive from us;
- Develop, analyze and improve the Service and other products and services through research, training, development, analytics and business intelligence;
- Aggregate your personal information resulting from the combination and/or aggregation of certain raw personal information collected from you with other data in a way that no longer personally identifies you;
- Display advertising on the Service or to manage and serve our advertising on other sites in accordance with our Cookie and Other Automatic Data Collection Technologies Statement;
- Fulfill a purpose that we disclose to you when we request your personal information and/or to fulfill the purpose for which you provide it;
- Comply with legal and regulatory requirements and company policies;
- Manage our internal operations and network security; and
- For risk and security management and mitigation, including investigation, audit and insurance purposes.
We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes as described herein.
Disclosure of Personal Information
Payworks may disclose your personal information insofar as reasonably necessary for the purposes set out in Section 2 of this Notice and:
- To Payworks’ employees on a need to know basis to enable such employees to perform their employment duties and to Payworks’ affiliates, partners, contractors, sub-contractors, consultants, professional advisors, agents and service providers, who are contractually obligated to keep your personal information confidential, to enable these parties to perform a business, professional or technical support function for Payworks or provide additional services to you. If you are a resident of Quebec, please be aware that this may include transferring your personal information outside of Quebec to another Canadian jurisdiction where Payworks operates, and may also include transferring your personal information outside of Canada;
- To a third party where you consent to such disclosure;
- To a third party as required by, or permitted by, law. This includes sharing your personal information with governmental entities, or third parties in response to subpoenas, court orders or other legal process;
- Where we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Payworks, our Clients, or others in accordance with applicable privacy legislation. This includes exchanging information with other companies and organizations for the purposes of security, fraud protection and credit risk reduction as permitted by applicable privacy legislation;
- To enforce or apply our Terms of Use and other agreements with you; and,
- In connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets, including any due diligence exercise or integration activities carried out in relation to same, subject to appropriate contractual safeguards.
Security & Safeguards
The security of your personal information is very important to us. Payworks uses appropriate and recognized industry standard security safeguards as well as physical, technical, administrative, and operational safeguards to protect personal information against risks such as accidental loss and from unauthorized access, use, alteration or disclosure.
While Payworks is committed to safeguarding your personal information, we cannot guarantee or warrant the security of any personal information that we collect . You provide your personal information at your own risk. Payworks also cannot guarantee that information sent or received over the Internet is secure and does not make any representation or warranty concerning the security of personal information communicated to or from Payworks via the Internet or regarding the interception of personal information by third parties. You are entirely responsible for maintaining the security of the device you use to access the Service and the confidentiality of your user identification and password. Except as stated below, you must notify us of any unauthorized use of your user identification or any other breach of security. If you are an Employee whose Organization has entered into a Client Agreement with us, you must notify your Organization of any unauthorized use of your user identification or any other breach of security.
The protection of personal information is of paramount concern to Payworks, and Payworks is prepared to take appropriate and timely steps in the event of any incidents involving personal information as required by applicable privacy laws. We will notify you if your personal information is subject to a breach in accordance with applicable law.
Transfer of Personal Information
We may transfer personal information that we collect or that you provide as described in this Privacy Notice to authorized affiliates, partners, contractors, sub-contractors, consultants, professional advisors, agents and service providers that we use to support our business (such as analytics and search engine providers that assist us with Service improvement) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information as instructed by us.
Payworks may engage affiliates, partners, contractors, sub-contractors, consultants, professional advisors, agents and service providers outside of Canada to process, store, and transfer your personal information outside Canada in and to a foreign country with different privacy laws. If we engage a third party service provider outside of Canada, we will put in place contractual safeguards stipulating the confidentiality of the information and the purposes for which it is to be used and comply with any requirements set out by applicable privacy legislation.
Retention of Personal Information
Payworks will only keep personal information for as long as reasonably necessary to fulfil the relevant purposes set out in this Privacy Notice and in order to comply with our legal and regulatory obligations. Personal information will be disposed of in compliance with applicable privacy laws.
Please note, if you are a user who has created an account with Payworks and your account becomes inactive, Payworks may choose not to retain your personal information or other records associated with your Payworks account, in which case such information may be destroyed, deleted, erased or converted to an anonymous form. You are solely responsible for exporting any such information from your Payworks account that you may wish to retain in a timely manner.
Maintenance of Accurate Information & Access to Information
Payworks makes reasonable efforts to keep your personal information as complete, up-to-date and accurate as is necessary for the purposes for which it is to be used.
You have the right to request access to and to correct the personal information that we hold about you. Payworks reserves the right to require your access request to be made in writing. Unless Payworks is permitted or required by law to prohibit access, we will provide you with a reasonable opportunity to review and if necessary, update and correct your personal information. Generally, there is no cost for such access. However, Payworks reserves the right to charge such costs on a case by case basis in accordance with applicable laws. You will be notified in advance if charges apply. Payworks will correct or amend the personal information in its files where it can be shown that the information is incorrect or incomplete. Where appropriate, Payworks will transmit amended information to third parties having access to the personal information in question.
We may request specific information from you to help us verify your identity, confirm your right to access the personal information in question, and provide you with the personal information that we hold about you or make the requested changes.
In certain circumstances and pursuant to applicable privacy laws, Payworks may not be able to provide access to some or all of the personal information we hold about you. In such event, we will provide the reasons for denying access upon request, which may include:
- If doing so would likely reveal personal information about another individual, confidential commercial information or the information could reasonably be expected to threaten the life or security of another individual;
- If the information is protected by solicitor-client privilege;
- We may have destroyed, deleted, erased, or made your personal information anonymous; and
- If the information was collected or generated in relation to a formal dispute resolution process, the investigation of a breach of an agreement or a contravention of laws.
Individuals can obtain more information on updating or accessing their personal information by contacting our Privacy Officer. Please see Section 12 of this Privacy Notice for more details on how to contact our Privacy Officer.
For greater certainty, if you are a current or past Employee of a Client, requests for access to or correction of the personal information that we hold about you as a result of our relationship with your Organization must be made through your employer.
Links to Other Websites
The Service may contain links to third-party websites. It is also possible that third parties’ websites or emails may link to our Service. Clicking on those links or enabling those connections may allow the third party to collect or share information about you. This Privacy Notice only applies to personal information that we collect, use and disclose. We are not responsible or liable for the privacy practices of third parties. You should review the privacy notices of all third party websites you visit before you disclose personal information to them.
Unsubscribe from Commercial Electronic Messages
We may send you commercial electronic messages (such as marketing or promotional messages) if you have completed one or more of the following:
- provided us with your express consent to receive these messages;
- recently purchased services from us;
- entered into a contract with us or some other form of business relationship with us;
- requested information from us; or
- applicable law otherwise permits us to send commercial electronic messages to you.
If you no longer wish to receive such commercial electronic messages from Payworks, you may unsubscribe here: unsubsribe@payworks.ca. Please note that, after you unsubscribe, Payworks may still send electronic communications to you in certain limited circumstances, such as to provide you with Service notifications or to provide information that Payworks is legally obligated to provide you.
Payworks as a Service Provider
Your Organization is responsible for obtaining appropriate consent from you for the personal information they collect, use, store, transfer and disclose. Your Organization is also responsible for compliance with applicable privacy laws governing the collection, storage, use and transfer of your personal information, including by Payworks on its account, as well as for responding to access to information or personal information deletion requests.
If you are a Client of Payworks, you acknowledge that you have obtained appropriate consents from your Employees for the collection of their personal information and the sharing of same with Payworks.
Changes to this Privacy Notice
We may modify the Privacy Notice to accommodate changes in our Service, changes in technology and legal requirements. If we make changes to the Privacy Notice, we will provide notice through the Service, or by other means. Any changes to this Privacy Notice will take effect immediately upon posting. You acknowledge that your continued use of the Service after we modify this Privacy Notice signals your acceptance of and consent to the changes. If you object to any changes to this Privacy Notice, your only recourse is to not use the Service and close your account. Whenever we update this Privacy Notice, we will change the date below to indicate when the changes were made. You should regularly check the Service for any updates to this Privacy Notice.
Contact Us
To submit an inquiry, complaint, request a review of your personal information, correct or update your personal information, withdraw your consent or request more information or additional copies of this Privacy Notice, please contact the Payworks Privacy Officer:
Payworks Privacy Officer
80 Payworks Way
Winnipeg, Manitoba, R3Y 2L5
phone: 204.779.0537 x3568; toll free: 866.788.3500
email: privacy@payworks.caThis Privacy Notice was last updated on February 28, 2025.