Psychologically Safe Workplace Awards Website Terms and Conditions of Use
Please read the following Terms and Conditions of Use (“Terms and Conditions”) carefully prior to submitting data for the Psychologically Safe Workplace Awards, or using the Mental Fitness Index Assessment Platform (the “Platform”). These Terms constitute a legal agreement between participants (“Participants” or the “User”) and Howatt Strategic HR Consulting Incorporated. ("Howatt HR”, “We”, or “Us”), which owns and operates the Mental Fitness Index Platform (the "Platform").
The Psychologically Safe Workplace Awards (the “Awards”) are owned by Annex Business Media, and presented by Talent Canada and OHS Canada, in conjunction with Howatt HR.
USE OF THE PLATFORM OR AWARDS WEBSITE IS NOT FOR INDIVIDUAL MENTAL HEALTH CARE OR EMERGENCIES. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR MENTAL HEALTH, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
IF YOU ARE CONSIDERING OR CONTEMPLATING HARMING OR KILLING YOURSELF OR ARE CONCERNED THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, DISCONTINUE USE OF THE AWARDS WEBSITE OR PLATFORM IMMEDIATELY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
Access to the Platform and the affiliated Awards Website, are collectively referred to herein as the “Website”. These Terms and Conditions state the terms and conditions under which you may access and use the Website, including, without limitation, terms around providing any content on the Website.
Howatt HR reserves the right to revise these Terms and Conditions at any time by posting the most recent version of the Terms and Conditions on the Website. Use or continued use of the Website following such changes being published shall signify your acceptance of the revised Terms and Conditions.
Intended Website and Correlating MFI Platform Use
The results of the Awards are based on a scoring criteria applied by Howatt on an organization’s Mental Fitness Index (MFI) results. The MFI Platform is a 15-20 minute assessment for facilitating mental fitness and employees’ experience in the workplace. Mental fitness is impacted by the decisions and behaviours you do on a daily basis as well as the culture and support of the organization (e.g., employee-manager relationships). Within the Platform, participants will be asked questions about their health experience, mental fitness, workplace environment, degree of psychological safety and their experience using their organization’s programs.
Upon completion you will get their mental fitness results in real time that will give you feedback on their current score. Mental fitness results are calculated using several data points from the Mental Fitness Index. These results provide insight on micro-skills participants can add to your day-to-day routines to help charge your battery and build your resiliency.
Responses will be kept completely confidential and anonymous, and should participants opt-in for a report, we only present results at an aggregate level so that no individual can be identified.
Following the organization’s use of the MFI, Howatt may provide:
An aggregated custom report for the organization that may provide useful insight into program evaluation, employee experience and strategic planning.
A benchmark report and additional insight generated from the aggregated data of all organizations participating in the Awards.
A personalized report for each participant employee, if consent is provided by the employee.
Important Service Limitations: Howatt is unable to guarantee the timeliness, appropriateness, or accuracy of any information provided through the Website. The Platform is not intended as a substitute for obtaining medical advice from their doctor or other healthcare professional. In the case of an emergency or any suspected serious medical condition or ailment, please contact a trusted, local health care professional immediately and do not rely on the Platform for mental health advice.
In order to use the Awards and MFI Platform, participants must be a resident of Canada.
The organization is required to register for award and complete an employer profile.
The organization point of contact must upload a list of employee names and workplace email addresses.
The point of contact must “whitelist” the Howatt email ID from Voxco so that it does not go to spam. The point of contact must download an excel template and fill out the names & email ID’s and upload it again.
The organization is required to select a launch date for the MFI assessment. Once the date is selected, the organization shall receive the MFI assessment survey, delivered by email to all of the participants provided.
The user shall provide, true, accurate, current and complete information when using the Website, maintain and promptly update Account information to ensure it remains true, accurate, current and complete; and maintain the confidentiality of the user account by not sharing any given password or personal link for Website use with anyone. If Howatt has reasonable grounds to suspect that such information about a participant is untrue, inaccurate, not current or incomplete, Howatt has the right to suspend or terminate their Account and their access to all or part of the Platform.
Participants are responsible for their use of the Website including any Content that participants make available through the Website. Content that is submitted, posted, or displayed by their Account may be viewed by other agents that Howatt HR has entrusted. Participants agree to notify Howatt immediately of any unauthorized use of their unique user ID or any other breach of security, and to ensure that participants log-out of their account at the end of their session. Howatt will not be liable for any loss or damage arising from their failure to maintain the confidentiality of their Account.
We will investigate occurrences of breach or threat to security that may involve such violations and may involve, and co-operate with, law enforcement authorities about users who are involved in any of the above violations. Participants acknowledge and agree that Howatt HR can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to participants, in order to prevent or remediate any violations and to enforce these Terms.
Restrictions on Content and Use of the Website
Howatt HR reserves the right at all times, without obligation, to remove or refuse to distribute any Content on the Site and/or Platform and to terminate or reclaim user accounts. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce these Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of our users and the public.
Howatt HR must cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous content, or otherwise offensive or illegal materials. The user acknowledges that the user alone is solely responsible for the Content that participants post to the Website and the consequences thereof.
Users hereby acknowledge and agree that they must refrain from the following while accessing the Platform:
Failure to comply with any applicable laws relating to acceptable online conduct, behaviour, and Content usage;
Engaging in any illegal, offensive or unauthorized conduct which shall include but not be limited to:
Hacking, accessing, tampering with, or using non-public areas of the Site or Platform, our computer systems, or the technical delivery systems of our providers and partners;
Promoting bigotry, threaten, discriminate against or impersonate other Users (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise), Posting any sexual or offensive Content;
Posting or transmitting any Content which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights or derivative works;
Interfering with, Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures, disrupting, (or attempting to interfere with), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Platform, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Platform;
Removing or modifying any copyright, trade mark or other proprietary notice on the Platform;
Using the Website to communicate medical emergencies rather than using dedicated emergency methods; or,
Use automated devices (such as robots and spiders) to scrape or index the Website or their Content, or record or mine information about other Users of the Website.
Limitation of Liability
Howatt HR cannot and does not guarantee any results from use of the MFI Assessment Platform, or any results from the Awards and Howatt HR shall not have any responsibility or liability for any losses or damages that Participants may incur as a result of any use of the Awards or MFI Platform.
Howatt HR does not take any responsibility for content of links to third party websites or the content on any third party websites (“Links” or “Websites”). The Website may contain third party content and Links to third party Websites. Howatt HR and its partners, officers, directors, employees, agents, licensors, and their respective successors and assigns do not have any liability or responsibility for such Links or Websites. Howatt HR may remove any Link to the Platform without notice. Upon the request of Howatt HR participants agree to remove any Link to the MFI Platform participants may have acquired or stored.
Any resources which may include referrals to professional service providers or peer support workers are mere referrals to third parties, and as such are not the employees or agents of Howatt and are not credentialed by Howatt. Howatt does not have any oversight of the care provided to participants if participants should choose to receive care from any such providers. Any third party provider is an independent practitioner who is solely responsible for any health care, social, or psychotherapy services provided to participants, and is also solely responsible for obtaining their informed consent, where required, to any medical treatment.
While the Platform may provide access to certain general medical information, the Platform cannot and is not intended to provide individual medical advice to users. Always seek the advice of a physician or other regulated health professional with any questions regarding their personal mental health or medical conditions. Do not ever disregard, avoid, or delay obtaining medical advice from their physician or other health professional because of something participants have read on the Website or any associated Website. If participants have or suspect that participants have a mental health or other medical issue, please contact a physician or other health professional immediately.
Howatt HR provides the Website using a commercially reasonable level of skill and care. Other than as expressly set out in these Terms or additional terms provided at the time participants access the Website, Howatt HR does not provide any warranties about the Platform or associated Website.
As with any other website or app participants use, when participants access the Howatt HR Website, participants assume all risk associated with any viruses, worms, Trojan horses and other destructive items. Participants should take any necessary precautions before participants access our Website in respect of any such potential risks.
To the maximum extent permitted by applicable law, Howatt HR and its officers, directors, employees, agents, licensors and their respective successors and assigns will not be liable for any damages of any kind, including damages:
Caused by the user’s failure to seek out appropriate medical treatment, including but not limited to personal injury, wrongful death, improper treatment or inaccurate information;
any indirect, special, incidental or consequential damages; or
any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);
any damage to or corruption of data (whether direct or indirect);
any claim, damage or loss (whether direct or indirect) arising from or relating to their inability to use the Services; or
any claim, damage or loss (whether direct or indirect) arising from or relating to:
any product or service provided by a third party under their own terms of service;
use of any third party technology;
use of any third party website; or,
Any other losses which may be incurred in connection with the user’s use, misuse or reliance on the Website or content offered through or in conjunction with the platform, the User’s inability to use the Website, ANY LOSS OF DATA REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
Such limitation shall be applicable even if Howatt knew or ought to have known of the possibility of any such damages.
Howatt HR shall take commercially reasonable efforts to ensure the security of data, but cannot guarantee the security of information transmitted through email and over the Internet, therefore, participants agree that participants bear all risk and participants agree to release Howatt(and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with their use of the Website except to the extent any injury is directly due to the negligence of Howatt HR or its personnel. Participants further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Participants agree to indemnify, defend, and hold harmless Howatt HR, and its officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from their breach of these Terms or misuse of the Website.
Intellectual Property and Limitation of License
All right, title, and interest in and to the Website (excluding Content provided by participants) are and will remain the exclusive property of Howatt HR. The Website may be protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in these Terms gives participants a right to use the Howatt HR name or any other Howatt trademarks, logos, domain names and other distinctive brand features. Any feedback, comments, or suggestions participants may provide regarding the Platform is entirely voluntary and Howatt HR shall be free to use such feedback, comments or suggestions without any obligation to participants. Howatt HR may grant a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Platform. This license is for the sole purpose of enabling participants to use the Platform as provided by Howatt, in the manner permitted by these Terms.
All aggregated MFI data and results may be used for a university internal review process with ethics board, as it may be used for research purposes. Content Shared by Users
Use of the Platform is unauthorized in any jurisdiction where the Platform or any of the Content may violate any laws or regulations. Participants agree not to access or use the Platform in such jurisdictions. Participants agree that participants are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at their own risk.
The user acknowledges and agrees that no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or formed by these Terms or by their use of the Services.
The failure of Howatt to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Any provision of these Terms which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
When participants access the Platform through a mobile network, their network provider's messaging, data and other rates and fees will apply and participants will be responsible for all such charges. The Platform may not properly work as intended with their network provider or mobile device.
These Terms and any rights, licenses and privileges granted by these Terms, may not be transferred or assigned by participants, but may be assigned or transferred by Howatt HR without restriction and without notice to participants.
These Terms shall endure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
The insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms.
Unless the applicable laws of their jurisdiction require that the laws of their jurisdiction govern, these Terms shall be governed by and construed in accordance with the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of the Province of Nova Scotia, Canada.
The parties have agreed that this contract and all related documents be drafted in English.
Questions or comments regarding the Website should be directed to the Howatt Website Administrator at Jesse Adams, Privacy Officer
Howatt Strategic HR Consulting Inc. 3646 Acadia Street Halifax, Nova Scotia B3K 3P6 Jesse@Howatthr.com
Risks of using electronic communication
Howatt will use reasonable means to protect the security and confidentiality of information sent and received using the Website. However, because of the risks outlined below, we cannot guarantee the security and confidentiality of electronic communications: Use of electronic communications to discuss sensitive information can increase the risk of such information being disclosed to third parties. Despite reasonable efforts to protect the privacy and security of electronic communication, it is not possible to completely secure the information. Employers may have a legal right to inspect and keep electronic communications that pass through their system. Electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks, and security settings. Electronic communications can be forwarded, intercepted, circulated, stored, or even changed without the knowledge or permission of the server hosts. Even after the sender and recipient have deleted copies of electronic communications, back-up copies may exist on a computer system. Electronic communications may be disclosed in accordance with a duty to report or a court order. The Website will never be used for medical emergencies or other time-sensitive matters. Howatt HR shall not be responsible for information loss due to technical failures associated with their software or internet service provider.
If participants require immediate assistance participants should not rely on the Website. Please call 911, go to the nearest Emergency Department, or the nearest available clinic.
Last Updated: March 18, 2021;
“Account” means the unique user identification generated by the IP address of each new User who accesses the Portal.
“Aggregate Data” means the data which may be provided to the Client Organization in a statistical format which shall not include any personal identifiable information. “Client Organization” is the organization who has retained Howatt HR to perform the Mental Fitness Index Assessment for their employees, agents, contractors, or members. “Data Aggregation” is the process by which individual MFI results will be combined, and the data will be expressed in summary form, with the removal of any identifying information which would result in the exposure of the identity of any user. “Identifying Information” means personally identifiable information that identifies an individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual. This includes information such as your name, address, e-mail address, job position within an organization, and date of birth. “Non-Personal Information” is information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the site, and the type and version of browser or operating system being used. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, average time spent on the Site, and information volunteered by the user, such as survey information, is also considered Non-Personal Information. “Personal Health Information” means identifying information about an individual, if the information relates to the physical or mental health of the individual, including information that consists of the health history of the individual’s family, relates to the provision of health care services to the individual, or as it relates to payments or eligibility for health care, or eligibility for coverage for health care, in respect of the individual. “Personal Information” within the context of this Policy, means both Identifying Information and Personal Health Information.
Collection of Personal Information
Registration: Personal Information may be collected from Client Organizations to initiate Users’ access to the Platform. This allows expedition of Users’ enrolment and access to the Platform, and may include without limitation, the User’s name, e-mail address, telephone number, and job position, therefore allowing for the user to access the Platform with their unique User ID. Howatt will only retain such personal information for as long as is reasonably necessary in allowing the user access to the Platform.
It is not the intention of Howatt HR that Personal Information or Personal Health Information will be collected as a part of the Mental Fitness Index Assessment. However, the Mental Fitness Index may include generally non-identifiable employee demographics (indirect PII) (these are: Generational Group, Gender, Years of Service, Education Level. Debt Load, Work Hours per Week, Commute Time, Working Arrangement (e.g. from office, from home), Care Responsibilities (children, pets), Chronic Health Conditions, Yearly Vacation Time, and Daily Stressors). If any group of users is not large enough so that any of the above demographics should become personally identifiable information, such information will be removed during the Data Aggregation process.
Any information submitted through the Platform which may have identifiable characteristics, ie., job details which would cause the user to be identified by the Client Organization, will be removed prior to aggregate information being provided to the Client Organization if aggregate information is to be provided. Such Personal Information shall only be retained only for as long as is necessary. Any Personal Information or Personal Health Information which is submitted by a user through the Platform shall be removed as soon as possible, and will not ever be shared with the Client Organization or any other third party.
Use of Personal Information We do not (nor do we intend to) sell or otherwise market Personal Information to third parties. We limit the collection, use, retention and disclosure of Personal Information to that which is reasonably necessary for the purposes outlined below. By using the Platform, you consent to our collection from, verification with and communication to the Provider and any third party for the purposes set out in this Policy, by Howatt HR and any corporation, company or other entity effectively controlling or controlled by Howatt HR or associated with others under common control or ownership, and includes, but is not limited to subsidiaries (the “Affiliates”). Personal Information will not be used without your consent for any purpose other than those mentioned in this Policy.
Law and Compliance
In addition to compliance with the Federal Personal Information Protection and Electronic Documents Act, Howatt HR has adopted the Privacy and Confidentiality Standards as described by the Canadian Institutes of Health Research, Natural Sciences and Engineering Research Council of Canada, and Social Sciences and Humanities Research Council of Canada, as well as the Tri-County Policy Statement: Ethical Conduct for Research Involving Human Subject Chapter 5. Thus, all disseminated results are presented in an aggregate format. If a user group is comprised of less than 30 people, their aggregate data will not be disseminated to ensure participant confidentiality.
Agents and Contractors
Howatt HR may hire other companies or contractors to provide services on its behalf (the “Agent”). Howatt HR gives Agents only the Personal Information they need to deliver the service. Howatt HR requires Agents to maintain the confidentiality of the Personal Information and prohibits them from using such information for any other purpose. Howatt HR and its Agents may use your Personal Information for the following purposes: To provide users with a Mental Fitness Index score and to generate customized improvement tools, to provide a Client Organization with statistical information and aggregate reports, and statistics and aggregate reports to improve the Portal.
All Platform information will be collected and hosted by Howatt HR’s data collection system, provided by Voxco and the servers are located in Montreal, Canada. Howatt HR uses commercially reasonable efforts to ensure that your Personal Information is stored and maintained in a secure environment. Howatt HR uses encryption technology such as TLS/SSL during transmission and the storage of Personal Information. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Howatt HR will keep your Personal Information for as long as necessary in connection with the purposes identified in this Policy or as required by law, which may extend beyond the termination of Howatt HR’s relationship with the Patient or Provider. You must notify Howatt HR at email@example.com if you no longer want your information to be retained by Howatt HR. Upon receipt of such request, Howatt HR will use best efforts to delete your personal information within ninety (90) days of your request. You acknowledge and agree that it may not be possible to completely delete all Personal Information due to technological and legal constraints. Such a legal constraint may include the requisitioning of Howatt HR by provincial or federal government entities to disclose Personal Information for the purpose of an investigation.
Third Party Websites
Access to Personal Health Information
Changes to This Policy
Howatt HR may amend and update this Policy at any time, which will be reflected by the “last modified” date below. It is recommended that you read over this Policy from time to time to keep informed of Howatt’s commitment to the protection of your private information and any changes to this Policy. You must agree to this Policy and any changes to this Policy prior to continuing use of the Platform.
Should you have any questions or concerns about this Policy, please send your correspondence to:
Jesse Adams, Privacy Officer Howatt Strategic HR Consulting Inc.
3646 Acadia Street Halifax, Nova Scotia B3K 3P6 Jesse@Howatthr.com
All privacy communications will be confidential.
Last Updated: March 18, 2021