Legal notice and privacy policy

1. By using the www.jobel.ca, app.jobel.ca and JOBEL electronic logbook software websites or by submitting information to JOBEL through the web or any other means, you agree to the collection, transfer and use of such information as described in this notice.
2. By using the websites www.jobel.ca, app.jobel.ca and the JOBEL electronic logbook software or by submitting information to JOBEL via the web or any other means, you agree to the terms of the Legal Notice.
3. PRIVACY POLICY

The information you provide through the electronic logbook client application is collected under the authority of the Fisheries Act and the Fishery (General) Regulations for the purpose of administering commercial fisheries under the jurisdiction of Fisheries and Oceans Canada (DFO). This information may also be used for compliance verification, program planning or management, reporting, safety or security, auditing, evaluation, statistics, research, policy development, administration or enforcement, detection, prevention or suppression of crime, and investigation. Under the Privacy Act, you have the right to correct, access and protect your personal information. You also have the right to file a complaint with the Privacy Commissioner of Canada about the handling of your information. The personal information collected by the electronic logbook client application is described in Personal Information Bank (SPB) DFO PPU 410. It can be consulted and checked for accuracy. For more information, visit the Info Source website at www.infosource.gc.ca.

4. Personal and other confidential information

The electronic logbook data transmitted through JOBEL is confidential and subject to the provisions of applicable federal and provincial laws. As a result, electronic logbook data is protected from unauthorized disclosure and access by third parties other than DFO and the fisherman from whom it originated. Disclosure of or access to the data by a third party other than the fisher from which the data originated must be authorized in writing by the fisher and DFO.

Exception: Access to the electronic logbook data is authorized when it is required by a person in charge of  JOBEL technical support or a person working under his or her direction in order to diagnose and resolve hardware or software problems relating to the JOBEL electronic logbook.

The provider of the JOBEL electronic logbook has a strict privacy policy regarding the use of personal information and sensitive information received, including:

1. Personal information that you provide directly in the electronic logbook;
2. Personal information provided by Fisheries and Oceans Canada for the proper functioning of the electronic logbook.
3. Confidential business information, including all data contained in catch reports and metadata related to the use of the electronic log.

The JOBEL Provider undertakes, with respect to your Confidential Information to which it has access in connection with the use of JOBEL and the information provided pursuant to section 61 of the Fisheries Act and section 22 of the Fishery (General) Regulations and subject to, but not limited to, laws such as the Access to Information Act and the Privacy Act to:

1. Not rent, sell, give or use it for any purpose other than those related to the management requirements of the electronic logbook solution, the needs of Fisheries and Oceans Canada, and the purposes you have requested in writing.
2. Maintain the confidentiality of such information with the same degree of care as if it were its own confidential information, and
3. To give access to this confidential information only to those of its employees who need to know it in view of their position, and on the condition that these recipients are informed in advance of the confidential nature of the information, and that they are bound by a confidentiality commitment at least equivalent to this commitment. The JOBEL provider may communicate confidential information to its advisors if they are part of a regulated profession subject to professional secrecy (such as lawyers, accountants or auditors). JOBEL shall refrain from disclosing confidential information to other persons without the prior written consent of the owner of the data and confidential information, and shall ensure that the confidentiality of this information is respected by all persons to whom it discloses it. All information provided in connection with the use of JOBEL is considered confidential information.
4. Information on the use of the JOBEL software

The information sent to JOBEL when initializing, activating or adding a module, or even during its use, is used only: (i) for the purpose of verifying the status of the software license; (ii) for compliance purposes; and (iii) for the purposes of detecting and preventing fraudulent use of the JOBEL software.

6. USE OF THE WEB

When a user connects to the Internet when activating, deactivating, updating or using JOBEL, certain information is transmitted to the JOBEL provider:

1. Device identification, which is a code generated by a specific combination of electronic equipment and the license to register it;
2. The version and name of the device’s operating software;
3. The version and browser name of the device;
4. Universal time (UTC+0) at which an action is taken.
5. Cookies and other digital markers

The information on the use of the website and the JOBEL electronic logbook is used by the provider of JOBEL to manage and improve the content and functionality of the pages of the jobel.ca website and the electronic logbook JOBEL.

The Provider will not access confidential data and information or any other information stored on JOBEL’s servers that is not considered confidential by applicable Canadian federal and provincial laws and regulations for purposes other than those set out in paragraphs 3 to 6, unless there is a specific case-by-case written consent from the End User identifying the type of data to which the Provider may access, the entity authorized to receive the data identified in the written consent, for what purpose and the duration of the authorized access.

7. USER Guide Content

The content of the JOBEL user guide is subject to change without notice. No part of this guide may be reproduced or transmitted for any purpose or by any means, electronic or mechanical, without the express permission of Regroupement des pêcheurs professionnels du sud de la Gaspésie Inc. The latter grants the purchaser of an electronic logbook module the right to use JOBEL and this manual for personal purposes.

8. TECHNICAL SUPPORT.

JOBEL provides free technical support to the end-user authorized by the owner of the JOBEL account and the owner of the JOBEL account, including the management of modifications authorized by the Department of Fisheries and Oceans to capture the declarations, the transfer of the use of a JOBEL account duly authorized by the owner of the JOBEL account. It is available in French and English, and information about the Services is provided during business hours only.

Use of assistance. You can usefully consult the resources and information available in your JOBEL account (user guide) and on the internet (FAQ on the JOBEL website, the JOBEL Facebook page, the JOBEL YouTube channel) before contacting Support.

You can obtain your contacts status and history with the technical support service.

You undertake to adopt an appropriate, cordial and respectful conduct in its relations with technical support. JOBEL reserves the right to no longer respond to your requests in the event of insulting, outrageous or degrading behaviour.

9. Access to Information.

The holder of a JOBEL account may request in writing free of charge a complete report of all information relating to his account. However, in the event of a dispute between the Department of Fisheries and Oceans and the user relating to the transmission of fishing data in accordance with the laws and regulations applicable to fishing activities and the reporting of these fishing activities, you are responsible for the costs and disbursements related to the investigations to be carried out by the provider of JOBEL services’ employees at your request.

The Internet and cellular networks present technical hazards (in particular unreliability of connection lines, fluctuation in bandwidth, interruptions) and security risks beyond the control of the provider of JOBEL services. The provider of JOBEL services is not responsible for these failures and their consequences, in particular when they lead to the unavailability and/or discontinuity of the Services.

11. Proper Use of the Services.

You agree to use the JOBEL electronic logbook in accordance with the applicable laws and regulations under the Fisheries Act and the Fishery Regulations (General Provisions) and in compliance with the technical limitations established as set out in the applicable JOBEL User Guide.

12. Suspension of Services.

The provider of the JOBEL services reserves the right to suspend all or part of the Services, in the event of (a) a risk to the stability and/or security of JOBEL’s systems and environments, the Services and/or the Content, (b) a request from a competent administrative or judicial authority, (c) a notification from a third party, in accordance with the Act respecting the legal framework of information technologies (CQLR,  c. C-1.1), relating to the use of the Services for the performance of illegal activities, or (d) planned maintenance. Such suspension may take place immediately and without notice in the event of an emergency, and in particular in the cases described in points (a), (b) and (c) above, as well as in the event of illicit or fraudulent use of the Services, or use made in violation of the rights of a third party, and more generally, of any use on the basis of which the liability of JOBEL’s supplier would be called into question. To the extent possible, and subject to the case of judicial and administrative requisitions, JOBEL’s supplier will try to limit the impact of the suspension on the normal functioning of the Services. Suspensions of Services do not result in the deletion of the Client’s data contained on your device and on the servers hosting your JOBEL account.

In the case of planned maintenance, a notification of suspension of service will be published on the JOBEL Facebook page or by any other means.

13. EVOLUTION OF SERVICES

Life cycle. In order to meet Canadian federal standards and fishermen’s requests for electronic logbooks, the JOBEL supplier regularly evolve the JOBEL modules. The JOBEL modules follow a life cycle according to the following indicative steps:

“General Availability”: the date on which a module, a new version or a new range of electronic logbooks, is made available after it has been qualified by the Department of Fisheries and Oceans Canada.

“End of Marketing”: the date on which the marketing of a module, or a version of a module, is discontinued at the request of Fisheries and Oceans Canada. If available, a new version of the module qualified by the Department of Fisheries and Oceans Canada will be automatically available on your JOBEL account during the current subscription period for this module.

Modification of the modules ordered. In this context of evolution, the supplier of JOBEL can modify the modules at any time. Certain Changes may take effect immediately in the following cases:

1. Urgent changes made necessary in the event of a security risk or legislative changes; and
2. Modification of Third-Party Products.
3. CONTENT

Ownership of Contents. The Content of your JOBEL account is your property.

Content Control. The provider of JOBEL has no prior control over the Content and has no knowledge of it. It does not carry out any validation operation of the content relating to personal information including the license number, the Fisherman’s Identification Number, the name of the boat and the boat number. You have knowledge of and control over the Content.

Content Retrieval. You are responsible for retrieving Content that has not been transmitted to JOBEL’s servers.

Deletion of Content. The supplier of JOBEL services undertakes, following the termination of the Services, not to keep any copy of the Client’s Content except (i) if it is data that you must keep according to the regulations in force, or (iii) if it is data that the supplier of JOBEL services must keep according to the regulations in force,  data referred to in the Personal Information Protection Agreement and data necessary to defend your rights or the supplier of JOBEL.

15. MANAGEMENT OF UNAUTHORIZED USES OF THE SERVICES

Unauthorized Use. You must take the necessary measures to stop any unauthorized use of your JOBEL account.

Incident Management. In the event of a malfunction of the Services, the Client shall declare it to technical support as soon as possible, communicating all the information to allow the proper completion of the diagnosis. If an Incident is declared, Support will investigate the cause and make the diagnosis. You agree to remain available at all times to cooperate with the technical support service for the diagnosis and resolution of the Incident, in particular by providing them with any additional information, and by carrying out all necessary tests and verifications. In order to manage Incidents, the Client expressly authorises the agents duly authorised by the JOBEL service provider to connect to your account, both hardware and software, and to carry out any operation necessary to process the Incident. This may require your intervention. The technical support department is committed to keeping you informed of the progress of operations.

The JOBEL supplier makes the diagnosis by any means. JOBEL does not give any guarantee of response time and resolution of Incidents in the context of Support. If JOBEL’s provider finds that the Services are available and in good working order, that the existence of the Incident cannot be confirmed or that the Incident is not its responsibility, the technical support service will inform you.

Customer complaints and support requests. Any complaints relating to the Services and support requests may be directed to the Technical Support Department by phone at 1-833-689-5623 from 9 a.m. to 4:30 p.m. Eastern Time from Monday to Friday.

16. RESPONSIBILITIES

The provider of JOBEL accepts no liability for improper use of the software and failure to comply with the minimum technical requirements.

The provider of JOBEL accepts no liability for the use, malfunction or maintenance of the devices and web browsers you use.

It is your responsibility that the transmission of its fishing data to JOBEL has been carried out in accordance with the laws and regulations applicable to fishing activities and the declaration of these fishing activities.

The supplier of JOBEL shall not be liable in the event of non-receipt of the user’s fishing data by JOBEL within the period prescribed by the Ministry of Fisheries and Oceans.

You represent and warrant that you have the authority and capacity to use JOBEL for the purposes of reporting your fishing activities.

JOBEL’s supplier is not responsible for

1. any act or omission of a third party beyond the reasonable control of JOBEL’s supplier.
2. indirect, incidental, special, consequential, punitive or exemplary damages (including damages arising out of your use of JOBEL, whether in contract or tort, whether or not the JOBEL provider has been advised of the possibility of such damages).
3. the restitution of data and damages related to the loss or alteration of all or part of the content caused by a third party beyond the reasonable control of the JOBEL provider.
4. damage caused by failures of the JOBEL provider’s suppliers, including federal IT services, internet service providers or communication network operators (such as unreliable connection lines, fluctuating or interrupted bandwidth, etc., including when such failures result in the unavailability of the service);
5. the loss, disclosure or fraudulent or unlawful use of the means of authentication to access the customer account or the JOBEL services.
6. your use of JOBEL by yourself or a third party user in a manner inconsistent with this Notice, the JOBEL User Guide, or applicable laws and regulations.
7. security incidents related to the use of the Internet by you or a third party, in particular in the event of loss, alteration, destruction, unauthorized disclosure or access to the data provided for in paragraphs 4 and 5 of this notice on or from the Internet.

The JOBEL provider is responsible for

1. the backup (or back-up) of the customer’s data once transmitted to JOBEL’s supplier, the implementation and management of a business continuity and/or recovery plan, and more generally all technical and organizational measures likely to allow you to continue your activity in the event of a major malfunction of the Services likely to impact the continuity of your business and the availability and integrity of its Content and data.

You are responsible for

1. You are solely responsible for the use of JOBEL in accordance with this notice, the Fisheries Act and the fisheries regulations in the course of administering fisheries under the jurisdiction of Fisheries and Oceans Canada, including when your use of JOBEL is by or by or on behalf of third parties. If you use JOBEL on behalf of third parties or authorize third parties to use JOBEL and its services, you undertake to communicate and validate this notice to them before using them. You guarantee the supplier of JOBEL that these conditions will be complied with.
2. read the documentation and fishing modules available in order to select the fishing module you consider most suitable;
3. ensure that the intended use complies with the laws applicable to the activities carried out in connection with the use of JOBEL.
4. of the Content, its management and use (including its control, validation, deletion, as well as any measure likely to protect you against loss and alteration of Content) contained on the device used for the reporting of your activities in accordance with the Fisheries Act and applicable regulations, including when it belongs to third parties or is used or exploited by or on behalf of third parties, and compliance with applicable laws and regulations.

Force majeure

Neither Party shall be liable for the non-performance of its obligations – except that of payment of the price of the Services – if it results directly or indirectly from a case of force majeure as defined in article 1470 of the Civil Code of Quebec. The Parties declare that the following events will be acts of God: strikes including strikes by the staff of one of their subcontractors, acts of vandalism, war or threat of war, sabotage, terrorist acts, fires, epidemics, earthquakes, floods, explosions, and power cuts outside the control of the prevented Party. The prevented Party must (i) use commercially reasonable efforts to limit the effects of the event; (ii) continue to perform obligations that are not affected by the event; (iii) inform the other Party in writing as soon as possible of the existence, circumstances, impact on the Services and estimated duration of such event or its effects; and (iv) keep the other Party regularly informed of developments after the initial information.

17. FINANCIAL CONDITIONS

Price of JOBEL modules. The prices of the modules ordered are those in force on the Website at the time the Order is placed. Unless otherwise stated, they are in Canadian dollars (CAD). Any taxes applicable to the Services will be added to the price of the Services and will be due without this being considered a price change.