Candidate Privacy Notice and Terms of Use

PART I — CANDIDATE PRIVACY NOTICE

1. PURPOSE AND SCOPE

Markage is a trade name of Harper Stride Group Ltd. References to “Markage”, “we”, “us”, or “our” mean Harper Stride Group Ltd. Markage respects the privacy and dignity of individuals who explore or apply for employment opportunities through our careers website, recruitment application, or related recruitment processes (collectively, the “Recruitment Platform”).

This Candidate Privacy Notice explains how Markage collects, uses, discloses, retains, and protects personal information in connection with recruitment.

The Recruitment Platform may be used for remote opportunities and for opportunities associated with Markage locations or workplaces identified in individual job postings.

This Notice applies when you:

• view or respond to a Markage job posting;
• begin or complete an application;
• answer recruitment questions;
• provide information concerning your qualifications, experience, work authorization, credentials, certifications, or other role requirements;
• upload a résumé or other requested material;
• participate in an interview or another recruitment activity;
• check the status of an application;
• communicate with Markage concerning recruitment;
• request accommodation in connection with recruitment; or
• exercise a privacy right concerning recruitment information.

This Notice applies to recruitment by Markage for Markage employment opportunities.

If Markage later provides recruitment or placement services for another organization, the applicable privacy notices, responsibilities, and disclosures for that activity will be addressed separately.

This Notice does not govern personal information handled after an individual becomes an employee or contractor. Information required after hiring may be subject to separate employment, payroll, benefits, security, workplace, or other privacy practices.

2. APPLICABLE PRIVACY LAWS

Canadian privacy requirements vary according to the jurisdiction, nature of the organization, activity involved, and circumstances in which personal information is collected, used, or disclosed.

Markage handles candidate personal information in accordance with privacy legislation applicable to the particular activity and jurisdiction.

Depending on the circumstances:

• Alberta's Personal Information Protection Act may apply;
• British Columbia's Personal Information Protection Act may apply;
• Québec's Act respecting the protection of personal information in the private sector may apply; and
• the federal Personal Information Protection and Electronic Documents Act may apply where the organization or activity falls within its statutory scope.

PIPEDA has more limited application to employee and employment-applicant information than it does to ordinary commercial personal information.

Other federal, provincial, or territorial legislation may apply depending on the circumstances.

Nothing in this Notice limits any right or protection that cannot lawfully be waived.

3. ACCOUNTABILITY AND PRIVACY CONTACT

Markage is responsible for personal information under its custody or control as required by applicable law.

All candidate privacy inquiries, access requests, correction requests, withdrawal requests, deletion requests, complaints, accommodation communications, and other legal communications concerning the Recruitment Platform should be sent to:

Privacy Contact
Markage
legal@markage.ca

4. INFORMATION MARKAGE MAY COLLECT

Markage limits candidate information to information reasonably required for legitimate recruitment purposes and information otherwise permitted or required by applicable law.

Where applicable law imposes a necessity requirement, Markage will apply that requirement.

Depending on the position and stage of recruitment, Markage may collect:

• name and contact information;
• the position and location for which you are applying;
• information submitted through the Recruitment Platform;
• responses to role-related questions;
• employment history;
• professional experience;
• education;
• skills and qualifications;
• licences;
• professional credentials;
• certifications or equivalent evidence;
• information concerning whether you are legally authorized to work where the position is located, where relevant;
• résumé and other application materials;
• information provided during interviews or recruitment communications;
• application submission dates and times;
• application reference numbers;
• application status and recruitment-stage information;
• records required to administer the recruitment process;
• information required to investigate suspected fraud, misuse, technical incidents, or security incidents; and
• limited technical information reasonably required to operate, secure, and maintain the Recruitment Platform.

Markage does not intentionally collect personal information merely because it may potentially be useful in the future. Collection must relate to an identified recruitment, operational, security, or legal purpose.

5. PROTECTED AND SENSITIVE INFORMATION

Markage does not require candidates to disclose information about protected personal characteristics merely to submit an application unless particular information is lawfully required for a legitimate purpose.

Candidates should avoid including unnecessary sensitive personal information in a résumé or other application material.

Examples may include:

• race or ethnic origin;
• religion or creed;
• disability or medical history;
• sexual orientation;
• gender identity or expression;
• family or marital status;
• political beliefs;
• genetic information;
• social insurance numbers;
• banking information; or
• other highly sensitive information Markage has not requested.

Information voluntarily disclosed by a candidate does not automatically become relevant to a recruitment decision.

Where sensitive information is received for accommodation or another specific lawful purpose, Markage will limit its use to that purpose and associated legal or administrative requirements.

6. ROLE-RELATED QUESTIONS

The Recruitment Platform may ask questions relevant to the requirements of a particular role.

Questions may differ between positions.

The sequence of questions may also vary according to information already provided.

Role-related questions are intended to obtain information reasonably connected to qualifications, experience, availability, work requirements, credentials, or other legitimate requirements of the position.

The application process is not intended to seek information about protected characteristics that are unrelated to the position.

7. ADAPTIVE APPLICATION LOGIC

The Recruitment Platform may use rules or automated logic to determine which question or step appears next based on information already provided.

For example, an answer may cause an irrelevant question to be skipped or a relevant follow-up question to be displayed.

Automated question sequencing does not necessarily mean artificial intelligence is being used to evaluate, rank, screen, or select candidates.

Information submitted through adaptive application steps may form part of the application record where reasonably required for recruitment and applicable recordkeeping purposes.

8. WORK AUTHORIZATION

Where relevant to a position, Markage may ask whether a candidate is legally authorized to work in Canada or in the jurisdiction where the position is located.

Markage does not require disclosure of nationality, ethnic origin, citizenship history, or similar information merely to establish work authorization unless particular information is legally necessary.

A candidate's response concerning work authorization may form part of the application record.

Where a legitimate and lawful work-authorization requirement applies to a position, Markage may take that requirement into account.

9. CREDENTIALS, CERTIFICATIONS, AND EQUIVALENT EVIDENCE

A job posting may identify a professional credential, licence, certification, qualification, or equivalent evidence as a requirement or preference.

The Recruitment Platform may ask whether a candidate holds an identified credential or has equivalent evidence relevant to the requirement.

Where verification is reasonably necessary, Markage may verify information provided by a candidate using lawful and appropriate means.

Failure to hold a particular credential does not authorize Markage to collect unrelated information or information prohibited by applicable law.

10. RÉSUMÉS AND OTHER FILES

Where a résumé or other file is requested, information contained in the submitted file becomes part of the application record.

Candidates are responsible for deciding what information to include in application materials.

Markage recommends excluding information that is not reasonably relevant to employment.

Uploaded materials may be processed through systems used to receive, store, transmit, secure, or review applications.

Temporary technical copies may be created during processing.

Temporary copies will not intentionally be retained longer than reasonably required for the technical purpose for which they were created, subject to security, backup, legal, and system requirements.

11. REFERENCES, BACKGROUND CHECKS, AND ADDITIONAL VERIFICATION

Markage may request references, background information, proof of qualifications, or other verification where reasonably relevant to a position and lawful in the applicable jurisdiction.

Where consent or additional notice is legally required, Markage will seek that consent or provide that notice at the appropriate stage.

General acceptance of these Candidate Terms does not constitute blanket consent for every possible background check or third-party inquiry.

12. PURPOSES FOR USING CANDIDATE INFORMATION

Markage may use candidate personal information to:

• receive and administer applications;
• identify the position for which a candidate is applying;
• communicate with candidates;
• present relevant application questions;
• avoid unnecessary repetition of questions;
• evaluate qualifications and role-related information;
• review résumés and submitted evidence;
• arrange and conduct interviews;
• verify relevant information;
• determine whether legitimate role requirements are satisfied;
• make and document recruitment decisions;
• provide application-status functionality;
• maintain recruitment records;
• prevent duplicate processing errors;
• administer separate applications submitted by the same individual;
• provide reasonable accommodation;
• investigate technical problems;
• protect the security and integrity of the Recruitment Platform;
• investigate suspected fraud, misuse, unlawful activity, or security incidents;
• comply with privacy, employment, human-rights, accessibility, recordkeeping, and other legal obligations;
• establish an employment relationship where a candidate is selected;
• establish, exercise, or defend legal rights; and
• carry out other purposes permitted or required by applicable law.

Markage will not use candidate information for a materially unrelated purpose unless that use is permitted by law and any legally required notice or consent has been provided.

13. CONSENT AND OTHER AUTHORITY FOR PROCESSING

The legal authority for collecting, using, or disclosing candidate information varies by jurisdiction and circumstance.

Some processing may require consent.

Certain employment-related processing may be permitted without consent where applicable legislation expressly allows it and the statutory requirements are satisfied.

Where consent is legally required, Markage will request it in the manner required by applicable law.

Acceptance of these Candidate Terms is separate from any consent that must legally be obtained for a particular collection, use, or disclosure.

Markage will not rely on general acceptance of the Terms to override a requirement for separate consent.

A candidate may withdraw consent where withdrawal is permitted by law.

Withdrawal does not invalidate processing that lawfully occurred before withdrawal and does not require destruction of information that Markage is legally required or permitted to retain.

14. QUÉBEC PRIVACY REQUIREMENTS

Where Québec's private-sector privacy legislation applies, Markage will apply its requirements to the relevant personal information and activity.

This includes applicable requirements concerning:

• necessity of collection;
• transparency;
• access and rectification;
• consent where required;
• use and disclosure;
• retention;
• security;
• cross-border processing;
• computerized personal information; and
• automated decision-making.

Consent does not authorize collection of personal information that applicable Québec law considers unnecessary.

Where a decision is based exclusively on automated processing of personal information and Québec law applies, Markage will provide the notices, information, and opportunity to submit observations required by applicable law.

15. ARTIFICIAL INTELLIGENCE AND AUTOMATED FUNCTIONALITY

Markage may use software or automated functionality to administer parts of the Recruitment Platform.

Automated administration, question sequencing, routing, formatting, or organization of information does not necessarily mean that an artificial-intelligence system is being used to screen, assess, rank, or select candidates.

If Markage uses artificial intelligence to screen, assess, rank, recommend, or select candidates, Markage will provide disclosures required by applicable law.

Where Ontario employment standards legislation requires disclosure of artificial-intelligence use in connection with a publicly advertised job posting, the applicable posting will contain the required disclosure.

Where a decision is based exclusively on automated processing and applicable law provides notice, explanation, correction, observation, or review rights, those rights will apply.

Use of automated functionality does not remove Markage's obligations under applicable privacy, employment, human-rights, or accessibility law.

16. EMPLOYMENT DECISIONS

Information collected through the Recruitment Platform may assist authorized personnel in reviewing an application.

Recruitment decisions may consider qualifications, experience, role requirements, interview information, credentials, availability, lawful employment requirements, and other legitimate considerations.

Markage does not authorize employment decisions based on grounds prohibited by applicable human-rights legislation.

Submission of an application does not guarantee:

• an interview;
• further assessment;
• progression to another stage;
• an offer; or
• employment.

17. ACCOMMODATION

Candidates who require accommodation in connection with recruitment may contact:

legal@markage.ca

Candidates should provide only the information reasonably necessary to explain the accommodation requested.

Markage does not require unnecessary medical details merely because a candidate requests accommodation.

Accommodation-related information will be used for legitimate accommodation, accessibility, administrative, and legal purposes.

Where reasonably practicable, sensitive accommodation information will be handled separately from information used to evaluate the candidate's qualifications.

18. INTERNAL ACCESS

Candidate information may be made available within Markage to individuals who reasonably require access for authorized recruitment, interview, hiring, technology administration, security, privacy, legal compliance, accommodation, onboarding, or related purposes.

Access should be proportionate to the individual's role and the information required for that role.

19. SERVICE PROVIDERS

Markage may use third-party service providers to operate aspects of the Recruitment Platform or recruitment process.

These may include providers of:

• hosting;
• database infrastructure;
• communications;
• email delivery;
• security;
• file processing;
• system monitoring;
• recruitment technology; or
• other technical services.

Service providers may process personal information on Markage's behalf.

Use of a service provider does not remove obligations that applicable law places on Markage concerning personal information under its custody or control.

20. NO SALE OR UNRELATED ADVERTISING USE

Markage does not sell candidate personal information.

Markage does not disclose candidate application information to third parties for their independent advertising or unrelated marketing purposes.

Candidate application information will not be repurposed by Markage for unrelated commercial solicitation merely because a person submitted an employment application.

21. INTERPROVINCIAL AND INTERNATIONAL PROCESSING

Candidate information may be stored or processed outside the candidate's province.

Depending on the infrastructure and services used by Markage, information may also be processed outside Canada.

Information processed in another jurisdiction may be subject to the laws of that jurisdiction.

Markage will comply with applicable legal requirements governing the transfer, communication, or processing of personal information across jurisdictional boundaries.

22. SECURITY SAFEGUARDS

Markage uses administrative, technical, and organizational safeguards appropriate to the sensitivity and use of candidate information and to reasonably foreseeable risks.

Safeguards may address:

• access control;
• authentication;
• authorization;
• transmission security;
• administrative access;
• logging;
• monitoring;
• file handling;
• database security;
• infrastructure security;
• retention and deletion; and
• service-provider access.

No electronic system can provide an absolute guarantee against every security incident.

If a privacy or security incident occurs, Markage will investigate and take the notification, reporting, containment, remediation, recordkeeping, and other actions required by applicable law.

23. COOKIES, LOCAL STORAGE, AND SIMILAR TECHNOLOGIES

The Recruitment Platform may use cookies, local storage, session technologies, or similar technical mechanisms where reasonably necessary to:

• operate the application;
• maintain application state;
• support security;
• prevent misuse;
• diagnose technical problems; or
• maintain system reliability.

If Markage introduces non-essential analytics, advertising technologies, or other tracking requiring additional notice or consent, Markage will provide applicable notice or controls as required by law.

Candidate application information is not intended to be used for behavioural advertising.

24. APPLICATION REFERENCES AND STATUS LOOKUP

After an application is submitted, the Recruitment Platform may issue a unique application reference.

The reference allows Markage and the candidate to identify a particular application.

A candidate may be required to provide the application reference together with other identifying information, such as the email address used for the application, when requesting status information.

An application reference is not a password and should not be publicly posted or unnecessarily shared.

Status functionality may provide limited information concerning the relevant application.

The Recruitment Platform is not intended to create a persistent general candidate account unless Markage expressly introduces that functionality.

25. REPEAT APPLICATIONS

Where the Recruitment Platform permits additional applications, a candidate may apply again.

Each completed submission may be treated as a separate application and may receive a separate application reference.

A later application does not automatically amend, replace, or erase an earlier application.

Separate applications may therefore have separate recruitment records and retention periods.

26. RETENTION PRINCIPLES

Markage does not apply one retention period to every category of recruitment information.

Retention may depend on:

• the type of record;
• the purpose for which it was collected;
• whether it was used to make a decision;
• the applicable jurisdiction;
• statutory retention requirements;
• security or audit requirements;
• whether a dispute or investigation exists; and
• whether retention remains reasonably necessary for legal or legitimate business purposes.

Markage will not retain identifiable candidate information indefinitely merely because continued storage is technically possible.

27. DECISION RECORDS

Where applicable law requires information used to make a decision affecting a candidate to be preserved for a minimum period, Markage will comply with that requirement.

For example:

• British Columbia private-sector privacy legislation requires personal information used to make a decision directly affecting an individual to be retained for at least one year after it is used.
• Québec private-sector privacy legislation requires personal information used to make a decision concerning an individual to be retained for at least one year following the decision.

Other requirements may apply depending on the jurisdiction and type of record.

28. ONTARIO RECRUITMENT RECORDS

Where Ontario Employment Standards Act requirements concerning publicly advertised job postings apply to Markage and the particular posting, Markage will retain records required by that legislation for the applicable period.

These records may include:

• publicly advertised job postings;
• associated application forms;
• versions of a posting made publicly available during the posting period;
• information incorporated through relevant linked material; and
• required communications to interviewed applicants concerning hiring decisions.

Applicable Ontario records may be required to be retained for three years.

These statutory records may therefore have a different retention period from other candidate information.

29. STANDARD OPERATIONAL RETENTION

As a standard operational practice, Markage generally retains decision-related records concerning an unsuccessful application for one year after the applicable recruitment decision.

This standard period is subject to applicable law.

A different or longer period may apply where:

• provincial, territorial, or federal legislation requires it;
• another statutory record-retention period applies;
• retention remains reasonably necessary for a legitimate legal or business purpose;
• a security, fraud, or audit requirement applies;
• a complaint, investigation, or dispute exists or is reasonably anticipated; or
• a legal hold or other lawful obligation requires continued retention.

Other recruitment information that is not required for the same period may be deleted, destroyed, or de-identified earlier where its purpose has been completed and continued retention is no longer reasonably necessary.

Information concerning a successful candidate that becomes necessary for employment may be transferred to appropriate employment records and thereafter handled under applicable employee privacy and retention practices.

30. LEGAL HOLDS AND DISPUTES

Markage may retain information beyond an ordinary retention period where reasonably necessary or legally required in connection with:

• threatened or existing legal proceedings;
• human-rights proceedings;
• employment disputes;
• privacy complaints;
• investigations;
• security incidents;
• fraud investigations;
• regulatory obligations; or
• establishment, exercise, or defence of legal rights.

A legal hold suspends ordinary deletion only to the extent reasonably required for the matter giving rise to the hold.

31. DELETION AND DE-IDENTIFICATION

When identifiable candidate information is no longer reasonably required and no legal or legitimate retention requirement applies, Markage will take reasonable steps to delete, destroy, or de-identify the information in accordance with applicable law and Markage's technical processes.

Deletion from active systems may not result in immediate removal from every protected backup.

Information remaining temporarily in backups will remain subject to applicable safeguards and will not be restored for ordinary recruitment use merely because a deletion request was completed.

32. WITHDRAWING AN APPLICATION

A candidate may request withdrawal of an application by contacting:

legal@markage.ca

Once processed, withdrawal ends further active consideration of the application.

Withdrawal does not necessarily require immediate deletion of every record relating to the application.

Markage may retain information where retention is required or permitted for legal, privacy, security, audit, dispute, or recordkeeping purposes.

33. DELETION REQUESTS

Candidates may request deletion of personal information concerning an application by contacting:

legal@markage.ca

A deletion request does not create an unconditional right to immediate destruction of every record in every Canadian jurisdiction.

Markage will assess the request under applicable law.

Information may need to be retained where, for example:

• a statutory minimum retention period applies;
• the information was used to make a decision and must remain available for a required period;
• retention is reasonably required for existing or potential legal proceedings;
• a privacy or security investigation is underway;
• retention is required for fraud prevention or security; or
• another lawful retention basis applies.

Where deletion is required or appropriate, Markage will delete, destroy, or de-identify the applicable information using reasonable processes.

34. ACCESS AND CORRECTION

Candidates may have rights under applicable privacy legislation to request access to personal information held about them and to request correction of inaccurate or incomplete information.

Requests should be sent to:

legal@markage.ca

Markage may verify the requester's identity before providing access or making a correction.

Access may be limited where an exception under applicable law applies.

Markage will respond within the period required by the law applicable to the request.

35. ADDITIONAL PRIVACY RIGHTS

Depending on the applicable jurisdiction, candidates may have additional privacy rights.

These may include rights concerning:

• withdrawal of consent;
• computerized information;
• data portability;
• automated decision-making;
• information about the use or disclosure of personal information; or
• review or explanation of certain automated decisions.

Markage will assess requests according to the legislation applicable to the information and activity.

Requests should be sent to:

legal@markage.ca

36. PRIVACY COMPLAINTS

Candidates who have concerns about Markage's handling of personal information may contact:

Privacy Contact
Markage
legal@markage.ca

Candidates may also have the right to contact or complain to the federal or provincial privacy regulator having jurisdiction.

Nothing in this Notice limits a candidate's lawful right to contact an applicable regulator.

37. CHANGES TO THIS PRIVACY NOTICE

Markage may update this Candidate Privacy Notice when recruitment practices, technology, legal obligations, or data-handling practices change.

The current version will identify its last-updated date.

Where applicable law requires additional notice or consent before a materially different use of previously collected information, Markage will provide that notice or seek that consent as required.

Continued use of the Recruitment Platform will not substitute for consent where applicable law requires separate consent.

PART II — CANDIDATE TERMS OF USE

38. APPLICATION OF THESE TERMS

These Candidate Terms of Use govern access to and use of the Markage Recruitment Platform by candidates and prospective candidates.

The Candidate Privacy Notice in Part I describes Markage's handling of candidate personal information.

The Terms and the Privacy Notice serve different functions.

Agreement to these Terms does not waive any privacy, employment, accessibility, human-rights, or other statutory right that cannot lawfully be waived.

39. ACCEPTANCE

Where Markage asks a candidate to accept these Candidate Terms, acceptance applies to use of the Recruitment Platform in connection with the relevant application.

Privacy consent that must legally be obtained separately will not be treated as having been obtained merely because a candidate accepts these Terms.

40. PURPOSE OF THE RECRUITMENT PLATFORM

The Recruitment Platform allows individuals to:

• review Markage employment opportunities;
• provide role-related information;
• complete recruitment questions;
• submit application materials;
• check application status where that functionality is available; and
• use other recruitment functionality made available by Markage.

The Recruitment Platform is not an employment agreement.

Using it does not itself:

• create an employment relationship;
• create a promise of employment;
• guarantee an interview;
• guarantee progression to another recruitment stage; or
• guarantee consideration for any specified period.

41. ACCURACY OF CANDIDATE INFORMATION

Candidates should provide information that is accurate to the best of their knowledge.

A candidate must not knowingly:

• impersonate another individual;
• submit another person's application as their own;
• materially falsify qualifications;
• materially falsify credentials;
• submit fraudulent evidence; or
• knowingly make a materially false statement concerning a legitimate role requirement.

Candidates are not required by these Terms to volunteer information Markage has not requested or information unrelated to the role.

42. THIRD-PARTY INFORMATION

Candidates should not provide another person's confidential or personal information unless there is a legitimate reason for doing so and the candidate is authorized to provide it.

Where references or other third-party information are requested, candidates should provide the information only in the manner requested by Markage.

43. PERMITTED USE

The Recruitment Platform may be used for legitimate recruitment-related purposes.

Candidates must not intentionally:

• obtain unauthorized access to the Recruitment Platform;
• obtain unauthorized access to another person's application or information;
• circumvent authentication or access controls;
• introduce malicious software or code;
• interfere with availability or operation of the Recruitment Platform;
• probe or scan systems without authorization;
• systematically scrape or extract information without authorization;
• overload or attack the Recruitment Platform;
• manipulate application or status functionality through unauthorized means;
• attempt to discover another candidate's application information; or
• use the Recruitment Platform for an unlawful purpose.

Nothing in these Terms prohibits legitimate use of accessibility technology, assistive technology, browser accessibility functions, or similar tools.

44. APPLICATION PROCESS

The sequence of an application may vary according to the position and information already provided.

Later questions may depend on earlier responses.

Candidates may be given an opportunity to review information before final submission.

Once an application is submitted, it becomes a recruitment record.

Submission does not guarantee that Markage will proceed with the application.

45. CORRECTIONS

Candidates should use available review functionality to correct information before submitting an application.

If a candidate identifies a material error after submission and no online correction function is available, the candidate may contact:

legal@markage.ca

Whether an original record can be amended after submission may depend on:

• the stage of recruitment;
• whether a decision has already been made;
• applicable recordkeeping requirements; and
• the need to preserve an accurate record of information originally submitted.

Where appropriate, a correction may be recorded without destroying the original record.

46. REPEAT APPLICATIONS

Where Markage permits repeat applications, a subsequent submission may be treated as a new application.

A new application may receive a new application reference.

A later application does not automatically erase, amend, or replace an earlier application.

47. NO GUARANTEE OF EMPLOYMENT

A job posting, application, application reference, status message, interview invitation, assessment, communication, or other recruitment activity does not by itself constitute an offer of employment.

An employment offer exists only where an authorized offer is issued by Markage in the form applicable to the position.

48. PUBLICLY ADVERTISED ONTARIO JOB POSTINGS

Where Ontario Employment Standards Act requirements for publicly advertised job postings apply to Markage and the particular posting, Markage will provide information required by that legislation.

Depending on the applicable requirement, this may include information concerning:

• expected compensation or a range of expected compensation;
• whether artificial intelligence is used to screen, assess, or select applicants; and
• whether an actual vacancy exists.

Where applicable Ontario requirements prohibit Canadian-experience requirements in a publicly advertised job posting or associated application form, Markage will comply with that prohibition.

Where Markage interviews an applicant for a covered publicly advertised Ontario position, Markage will provide required information concerning whether a hiring decision has been made within the period prescribed by applicable law.

49. THIRD-PARTY WEBSITES AND SERVICES

The Recruitment Platform may rely on third-party infrastructure or contain links to independent third-party websites or services.

Markage's responsibility for candidate personal information is described in the Candidate Privacy Notice.

Independent third-party services may operate under their own terms and privacy practices.

Candidates should review the applicable information before independently providing personal information directly to another service.

50. PLATFORM AVAILABILITY

Markage may maintain, modify, suspend, restrict, or discontinue Recruitment Platform functionality where reasonably necessary for:

• maintenance;
• security;
• legal compliance;
• operational requirements;
• system changes; or
• technical reasons.

Markage does not guarantee continuous availability or freedom from every technical error.

A candidate who experiences a technical problem affecting an application may contact:

legal@markage.ca

Nothing in this section limits an obligation Markage has under applicable law.

51. CANDIDATE MATERIAL

Candidates retain any rights they have in their résumé and original application material.

Submitting material gives Markage permission to receive, copy, store, transmit, review, process, and use that material to the extent reasonably required for the recruitment and related purposes described in the Candidate Privacy Notice.

Submission does not transfer ownership of a candidate's résumé or original material to Markage.

52. MARKAGE INTELLECTUAL PROPERTY

The Recruitment Platform and its original software, interfaces, content, layout, trademarks, branding, and related material may be protected by intellectual-property law.

Candidates receive limited permission to use the Recruitment Platform for its intended recruitment purpose.

No ownership interest in Markage intellectual property is transferred by use of the Recruitment Platform.

53. PRIVACY REQUESTS AND RECRUITMENT DECISIONS

A candidate will not be treated negatively merely because they make a lawful privacy request, ask a question concerning this Notice, or exercise a statutory privacy right.

A requested privacy action may nevertheless affect an application where complying with the request makes continued processing objectively impossible.

For example, where information necessary to assess an active application is lawfully deleted at a candidate's request, Markage may no longer have sufficient information to continue considering the application.

Where reasonably practicable, Markage will explain a material consequence before completing the requested action.

54. HUMAN RIGHTS AND NON-DISCRIMINATION

Use of the Recruitment Platform is subject to applicable human-rights legislation.

Markage does not authorize the Recruitment Platform to be used to discriminate against candidates on prohibited grounds.

A stated role requirement should relate to a legitimate employment requirement or another lawful consideration.

Nothing in these Terms permits Markage to avoid an applicable duty to accommodate.

55. LIMITATION OF PLATFORM WARRANTIES

The Recruitment Platform is provided for recruitment purposes and may occasionally be unavailable or experience technical errors.

To the maximum extent permitted by applicable law, Markage does not guarantee uninterrupted technical availability.

Markage is not responsible for operation of independent third-party websites outside its control.

Nothing in these Terms excludes or limits:

• a right that cannot legally be waived;
• a statutory remedy that cannot legally be excluded;
• Markage's legally required privacy or security obligations; or
• liability that applicable law does not permit Markage to exclude.

56. SECURITY-RELATED RESTRICTION OF ACCESS

Markage may restrict or suspend access to the Recruitment Platform where reasonably necessary to address:

• unauthorized access;
• malicious activity;
• fraud;
• security threats;
• unlawful conduct;
• material misuse; or
• a serious threat to operation of the service.

Restriction of access does not remove Markage's obligations concerning personal information already under its custody or control.

57. CHANGES TO THESE TERMS

Markage may update these Candidate Terms for future use of the Recruitment Platform.

The current version will identify its last-updated date.

Unless applicable law permits otherwise, a later version will not retroactively remove mandatory rights that applied when an earlier application was submitted.

58. GOVERNING LAW

These Candidate Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, subject to mandatory laws applicable in another jurisdiction.

Nothing in this section displaces:

• mandatory privacy legislation;
• mandatory employment standards;
• applicable human-rights legislation;
• applicable accessibility requirements; or
• another non-waivable legal protection applicable to the candidate, position, or recruitment activity.

59. SEVERABILITY

If a provision of these Candidate Terms is determined to be invalid or unenforceable, that provision will be interpreted or limited to the extent legally permitted.

The remaining provisions will continue to apply to the extent legally possible.

60. NO WAIVER

A failure by Markage to enforce a provision on one occasion does not necessarily waive Markage's ability to rely on that provision later.

Nothing in this section changes a statutory limitation period or another mandatory legal rule.

61. ENTIRE CANDIDATE PLATFORM TERMS

These Candidate Terms govern candidate use of the Recruitment Platform unless another written agreement expressly modifies or replaces them.

These Candidate Terms do not replace an employment agreement should an employment relationship later be established.

62. CONTACT

All candidate communications concerning:

• this Candidate Privacy Notice;
• these Candidate Terms of Use;
• privacy rights;
• access requests;
• correction requests;
• withdrawal requests;
• deletion requests;
• accommodation requests;
• legal matters concerning the Recruitment Platform; or
• technical problems materially affecting an application

should be sent to:

Markage
legal@markage.ca