Updated: November 30, 2021
The website https://www.nsi-canada.ca (the “Site”), is operated by National Screen Institute – Canada / L’Institut national des arts de l’écran – Canada (also referred to as “NSI,” “us,” or “we.”) NSI also operates the website https://nsi.thinkific.com/ (the “Course Site”) on the Thinkific platform, which is owned and operated by Thinkific Labs Inc. (“Thinkific.”)
17. What do you need to know about the basis for collection, using, and processing your personal information and your associated personal information rights if you are located within the European Union (“EU”) or the European Economic Area (“EEA”)?
“collection” means the act of gathering, acquiring, recording or obtaining personal information from any source, including third parties, by any means.
“commercial activity” means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists.
“consent” means voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative, such as a parent or guardian. Express consent is permission that is granted by an individual taking a positive step to signify consent and may be given orally, electronically or in writing. Implied consent is the assumption of consent that can reasonably be inferred from a user’s action or inaction.
“disclosure” means making personal information available to a third party.
“non-personal information” means information that does not identify a specific individual and which we are unable to connect to other information in order to identify a specific individual.
“Organization” means a company, entity or organization, including any business, but does not include an individual.
“personal information” means information about an identifiable individual, but not aggregated information that cannot be associated with a specific individual.
“registered user” means a user who has created and registered an account or accounts with NSI on the Course Site, as well as an Organization that has created and registered an account or accounts with NSI on the Course Site.
“third party” means an individual other than the user, or the user’s agent, or an organization other than NSI or an Organization, other than the user.
“use” means the treatment, handling and management of personal information by and within NSI.
“user” means an individual who visits the Sites and/or accesses the Service and/or uses the Service, as well as an Organization which visits the Sites and/or accesses the Services and/or uses the Service.
“user account” means an account created by you on the Course Site when you register an account or accounts, or when an Organization registers an account or accounts.
When you interact with us through the Service, we may collect or receive the following types of information.
Personal Information You Provide To Us
You may provide us with your personal information in different ways. For example, we may collect any or all of the following personal information if the information is reasonably required to provide the Service to you:
(a) information that you provide when you become a registered user on the Course Site, or otherwise complete forms on the Service, such as your name, company name, birth date, email address, social media user ID, postal address, telephone number, and country of residence;
(b) your log-in and password details in connection with your User Account(s), including your username;
(c) required information you provide when you apply for a training program, such as your name, date of birth, gender, address, phone number, email address, education level, affiliation with any industry associations or film cooperatives, whether you are a Canadian citizen or not, and any personal information included in your resume, your letter of expectation, and your letter of reference;
(d) optional information you may choose to provide when you apply for a training program, such as whether you are a member of an Indigenous community, information about your hobbies, interests, family, spiritual life, culture, childhood etc. For greater clarity, refusing to provide this information will not result in our inability to provide the service to you, but may impact our assessment of your application;
(e) optional information you may choose to provide when you apply for a training program, such as your year of birth, gender, preferred language, and whether you identify as Black, Indigenous, a Person of Colour, LGBTQ2S+, or a person with a disability. For greater clarity, this information is used for the internal allocation of funding only. Refusing to provide this information will not result in our inability to provide the service to you, nor will it impact our assessment of your application;
(f) information that you provide to NSI when you subscribe to the Service, such as your billing address, payment method and credit card information;
(g) your correspondence with NSI employees or independent contractors, including any questions, concerns or comments you may have about the Service, problems that you report, or suggestions you may provide;
(h) comments, videos, photographs, and any other content or information that you may submit to the Service, for example, when you participate in contests, games, surveys, webinars, training programs, or when you post on discussion boards or in chat rooms; and/or
(i) details of your requests made through the Service.
NSI does not collect information related to method of payment such as credit or debit card number. All purchases of NSI services will be directed to and handled by third parties such as PayPal. You will be bound by the privacy policies of these third party sites.
NSI may collect the personal information of individuals whom graduates of an NSI program invite to their graduation ceremony. This information includes names and email addresses when the individual registers as an attendee. NSI uses a third party service provider to forward invitations to individuals on the registered list.
Technical Information We Collect Automatically
When you visit the Service, we may collect, using electronic means, technical information. This information may include:
(a) the IP address of your computer and which browser you used to view our Service;
(b) operating system;
(c) resolution of screen;
(e) language settings in browsers; and/or
(f) the site you came from and searched for keywords if arriving from a search engine.
This technical information (some of which in certain instances may be considered personal information) is aggregated and used to measure and improve effectiveness of our Service. We do not attempt to combine this technical information with other personal information we collect on our Service. We may share aggregate statistical information with our partners, suppliers, and other third parties, but we will not share any personally identifiable information.
Personal Information Posted by You or Others to the Service
If you voluntarily submit or post any information, videos, photographs or other content (“User Content”) to the Service, for example to one of our public forums (the discussion board on our Course Site, or for a blog post on the Site etc.), certain of your personal information may be included in the posting, such as your name, or user name and email address, and this information may be collected and used by others. NSIhas no control over and is not liable for the collection, use or disclosure of any posted User Content or your included personal information by users of the Service. You are responsible for ensuring the protection of any of your personal information that you post to the Sites or Service.
NSI collects your personal information and will use your personal information as is reasonably required for the following purposes:
(a) if you are a registered user, to establish and maintain your user account on the Course Site;
(b) to provide web applications, the Service, and/or the other services or information that you request. Without limiting the generality of the above, this can include:
(i) processing applications for our educational programs, workshops and other programs and to maintain records concerning these matters;
(ii) processing requests concerning our archive;
(iii) promoting or marketing films that are made through training programs, which may or may not also be in the online short film festival archive and NSI training programs; and/or
(iv) administering contests in connection with the film and television industry.
(c) to verify your identity if you submit comments, videos, photographs, opinions, or any other content or information to the Service;
(d) to respond to questions, comments, requests, job applications, or complaints that you submit to NSI;
(e) to collect amounts owing from you to NSI, if applicable;
(f) to contact you and track communications with you;
(g) to analyze use of the Service and to improve the Service;
(h) to send emails, newsletters, regular mail or other communications you have consented to receive from NSI;
(i) to provide Service-related announcements or notifications to you;
(j) to 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;
(k) to manage and serve our advertising on other sites. See Section 15 on targeted advertising and how you may opt out;
(l) to fulfill a purpose that we disclose to you when we request your personal information; and/or
(m) to meet legal and regulatory requirements.
Your personal information will only be collected and used by NSI and employees, independent contractors, agents, partners and service providers in a manner consistent with the activities of NSI. Access to your personal information by NSI employees, independent contractors, agents, partners and service providers is limited only to those authorized, based on their need to deal with the personal information for the reason(s) for which it was obtained, including to enable them to perform a business, professional or technical support function for NSI.
NSI may disclose your personal information to:
(a) its employees, independent contractors, agents, partners, and service providers as is reasonably necessary to enable these parties to perform a business, professional or technical support function for NSI;
(b) a person who, in the reasonable judgment of NSI, is seeking the information as your agent;
(c) a third party or parties, where you consent to such disclosure, such as for external marketing, the promotion of NSI or the promotion of our program participants. This promotion may be done through industry representatives such as broadcasters, producers and distributors and through media sources (including by broadcasting, the internet and in print materials) and as part of applications to funders;
(d) a third party or parties who is a funder and requires a report of our activities. In this case, we disclose only as much as the funder actually requires and to which you have consented in the participant application for your specific program; and/or
(e) or the disclosure is permitted or required by law.
Thinkific – The Course Site
Courses, training and education programs offered by NSI are delivered on the Course Site via Thinkific, which utilizes static pages and in time learning over Zoom.
Thinkific stores information about you so that we can administer our courses. Thinkific needs your name and email address for enrolment, authentication, and otherwise administering the course. As you progress through the course Thinkific collects information about how you interact with the course, including your progress, quiz scores, survey results, discussion or forum contributions and other activities. Thinkific does not access this information unless requested by NSI. NSI can access and remove this information at any time.
Thinkific collects information such as IP address, when you visited, what site you came from, what site you went to, your computer operating system, location data, type of web browser, personal information you submit via messaging or email features on the websites or through help tickets or other requests.
By creating a user account and participating in a course via our Course Site, you consent to the use and access of your personal information by Thinkific and other third parties when required.
Corporate Reorganization and Business Transfers
NSI will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another purpose and that purpose is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and obtain your express consent to do so pursuant to Section 22.
Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
The Service is intended for general audiences and is not directed to children under the age of 18. We do not knowingly collect personal information from anyone under the age of 18. In the event that we learn that we have collected personal information from an individual under the age of 18, we will take appropriate steps to delete that personal information. If you become aware or believe that such an individual has provided us with personal information, please contact us as provided in Section 18.
NSI is committed to safeguarding your personal information. NSI uses appropriate security measures to protect personal information against risks such as loss or theft, unauthorized access, disclosure, copying, misuse, modification or destruction, and any other unlawful form of processing of the personal information in our possession regardless of the format in which it is held. The methods of protection and safeguards used by NSI include, but are not limited to:
In any organization, failure to protect personal information can increase the risk of a privacy breach which can lead to things such as financial loss, reputational harm, fraud, or identity theft. While NSI cannot guarantee that a privacy breach will not occur, NSI will make every effort to prevent such occurrences by implementing the above security safeguards.
NSI takes care in disposing of or destroying personal information to prevent unauthorized parties from gaining access to the information.
While NSI is committed to safeguarding your personal information, we cannot ensure or warrant the security of any personal information we collect either directly or automatically from you, and you provide your personal information at your own risk.
NSI cannot guarantee that such personal information may not be accessed, disclosed, altered, or destroyed by breach of any of our security safeguards. To the degree that personal information is of a sensitive nature, in the event of a breach, there may be a risk of significant harm to you which includes bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the credit record and damage to or loss of property.
NSI 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 NSI via the Internet or regarding the interception by third parties.
NSI has measures in place to ensure that during cross-border transfers of your personal information the personal information is subject to appropriate safeguards in accordance with data protection laws. These measures typically include contractual safeguards stipulating the confidentiality of the information and the purposes for which it is to be used.
Where and when appropriate, we will transmit amended personal information to third parties having access to the personal information in question.
NSI will only keep personal information for as long as reasonably necessary to fulfil the relevant purposes set out in the Policy Privacy and in order to comply with our legal and regulatory obligations. To determine the appropriate retention period for your information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.
NSI may collect, use and disclose non-personal information, including 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 this non-personal information with the identity of individuals. We may permanently archive non-personal information for future use in any manner whatsoever. In particular, this data may be shared with our partners, suppliers, funders, government agencies and the general public.
NSI is committed to keeping your personal information as complete, up-to-date and accurate as is necessary for the purposes for which it is to be used. NSI will promptly correct or complete any personal information found to be inaccurate or incomplete. Where appropriate, NSI will transmit amended information to third parties having access to the personal information in question.
Upon request, NSI will provide you with a reasonable opportunity to review the accuracy of your personal information. Such personal information will be provided within a reasonable time of the request and at a minimal or no cost to you.
Also upon request, NSI will provide an account of the use and disclosure of your personal information and, where reasonably possible, will state the source of the information. In providing an account of disclosure, NSI will provide a list of organizations to which it may have disclosed personal information about you when it is not possible to provide an actual list.
In certain circumstances, NSI may not be able to provide access to all of the personal information we hold about you. In such a case, we will provide the reasons for denying access upon request. Such reasons may include:
(a) if doing so would likely reveal personal information about another individual that cannot be severed or the information could reasonably be expected to threaten the life or security of another individual;
(b) if doing so would reveal any of our confidential information;
(c) if the information is protected by solicitor-client privilege;
(d) if the information was generated in the course of a formal dispute resolution process; or
(e) if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law, or that of a foreign jurisdiction.
The Service uses “cookies”, which are small text files placed on your computer or other device when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information.
There are three main types of cookies:
(a) Session Cookies are specific to a particular visit and limited to sending session identifiers (random numbers generated by the server) so you do not have to re-enter information when you navigate to a new page or check out. Session cookies are not permanently stored on your device and are deleted when the browser closes;
(b) Persistent Cookies record information about your preferences and are stored in your browser cache or mobile device and remain on your device between browsing sessions. For example, a persistent cookie may be used on a website to remember your log-in details so you will not need to enter those details each time you visit that website; and
(c) Third Party Cookies placed by someone other than us which may gather data across multiple websites or sessions.
We use the below listed cookies to perform the following functions:
(a) Strictly Necessary / Technical Cookies that are essential to enable you to move around a website and use its features. You cannot withdraw your consent to the use of these types of cookies because without them, the Service cannot be provided.
(b) Analytical / Performance Cookies that collect information in aggregated form about how users interact with the Service so that we may improve functionality. These cookies are sometimes placed by third party providers which enable features or functionality provided by third parties in connection with the Service. For example, advertising, interactive content, and analytics (see Section 16). The parties that set these third-party cookies can recognize your device both when it visits the website in question and also when it visits certain other websites.
(c) Functional Cookies that allow a website to remember choices you make, recognize you when you return and to personalize content.
(d) Targeting / Advertising Cookies that track browser habits and used to deliver targeted (interest-based) advertising based on your browsing activities and interests. See Section 15 on how you may opt out of targeting advertising.
We may use other technologies similar to cookies like web beacons, which are sometimes called “tracking pixels” or “clear gifs”. These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited the Service or opened an email that we have sent them. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
Right to Refuse the Use of Information Collection Technologies
We obtain your consent to our information collection technologies through our opt-in mechanism on the Service. You have the right to object to the use of information collection technologies such as cookies. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard.
Please be aware that if you disable or remove these technologies you may find that certain functions and features will not work as intended on the Service and that when you revisit our website your ability to limit cookies is subject to your browser settings and limitations.
We may use third party advertising partners such as advertising networks, exchanges, and social media platforms to display advertising on the Service or to manage and serve our advertising on other sites. You have a variety of options to opt out of interest based advertising ranging from browser controls, add on utilities such as ad blockers, and other opt out tools. Opt out tools may include organizations such as:
The Service utilizes Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the website analyze how users use the Service, compiling reports on the activity of the Service for the Services’ operators and providing other services relating to website activity and Internet usage. The information generated by the cookie (including the IP address) is transferred and stored on a Google server located in the United States.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other information held by Google.
We may also use additional analytics programs from time to time to process non-personal information about you.
We make no attempt to link this non-personal information with the identity of individuals using the Service. Non-personal information may be permanently archived for future use in any manner whatsoever by NSI.
Disable Google Analytics
You can prevent the collection and processing of cookie created data relating to your utilization of the Service (including your IP) via Google by downloading and installing the browser-plugin available under the following link (https://tools.google.com/dlpage/gaoptout?hl=en).
Google currently offers this opt-out tool for Internet Explorer 11, Google Chrome, Mozilla Firefox, Apple Safari and Opera.
Legal Basis for Processing Your Personal Information
Below are the types of lawful basis that, depending on the circumstances, we may rely on to process your personal information:
Change of Purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
Your Personal Information Rights
Under certain circumstances and in accordance with EU/EEA applicable data protection laws, you have the following rights:
To exercise any of these rights, please contact us as provided in Section 18. These rights are not absolute and they do not always apply in all cases.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request in order to help us respond efficiently to your request.
You will not have to pay a fee to access your personal information (or to exercise any of the above rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
If you have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority so please contact us as provided under Section 18.
NSI Privacy Officer: Liz Hover
Mailing address: 400-141 Bannatyne Ave., Winnipeg, Manitoba R3B 0R3
Telephone No.: (204) 956-7800
We may send you commercial electronic messages (such as marketing or promotional messages) if you have:
If you no longer wish to receive commercial electronic messages from NSI regarding our new products or services, promotions or other similar communications, please use the unsubscribe link provided at the bottom of the message you received. Please note that, after you unsubscribe, NSI may still send electronic communications to you in certain limited circumstances, such as to provide you with Service notifications and billing information, or to provide information that NSI is legally obligated to provide you.
Date: November 30, 2021