Data Analytics Services ("DAS") Terms of Use and Conditions
The following applies to the DAS platform, specifically the environment and its tools. Requirements for data brought onto DAS are outlined as part of the DAS onboarding process documentation, and the letter of agreement (LOA) for the contractual arrangement with Statistics Canada for providing the services of the DAS platform.
Use of DAS, including its tools provided therein, storage and a cloud-based environment, is subject to the acceptance of these terms of use and conditions (together the "Terms").
The Terms arise from Statistics Canada's (StatCan) character as a public institution that must operate transparently and in conformity with the provisions of federal legislation, notably, but not exclusively, the Statistics Act, the Privacy Act, the Access to Information Act and the Communications Policy of the Government of Canada. Statistics Canada's principal objective is to increase the range and depth of statistical information on Canada's population, society, and economy available to the Canadian public.
The Terms govern the access and use of DAS, which is provided, monitored, audited, and controlled by Statistics Canada. Please carefully review the Terms, as users ("You") and the Customer must accept it to receive access. Each subsequent access to your User Account for use of DAS will constitute your acceptance of the Terms.
By accepting the Terms, You and the Customer represent and warrant that You and the Customer have the authority to enter into the Terms and will comply with all laws applicable to the use of DAS. The Terms do not create any partnership, joint venture, fiduciary, employment, or agency relationship between the parties. Any such arrangements will be outlined separately using appropriate documentation as applicable.
1. Definitions
Customer means the department or organization requesting User Accounts for use of DAS.
Customer Space means the project area within DAS assigned by StatCan, including "workspace" and "namespace", which are customized environments within DAS, where the Customer and Users can store and analyze data. All Users of the same Customer Space will be able to see other Users of that space and any information or data within that specific Customer Space.
Content refers to any information made available to the User and the Customer in DAS, and may include StatCan Public Content, StatCan Protected Content, Customer Content, and/or Third Party Content.
DAS is a cloud-based, customizable, and collaborative data analytics platform provided, monitored, audited, and controlled by Statistics Canada. Key components of DAS include data storage, data ingestion services, and data analysis tools, including artificial intelligence, machine learning techniques and high-performance data processing.
Password refers to the valid password that a User may use in conjunction with the relevant username to access DAS.
Customer Content means any information or data provided by You or the Customer in connection with your or the Customer's use of DAS, including any text, software, music, sound, photographs, graphics, video, messages, files, attachments, or other materials You or the Customer transmit to StatCan for use in DAS.
Personal Information means any recorded information about an identifiable individual as stipulated in Section 3 of the Privacy Act, including:
race, national or ethnic origin, colour, religion, age or marital status
education, medical, criminal or employment history of an individual or information about financial transactions
any assigned identifying number or symbol
address, fingerprints or blood type
personal opinions or views except where they are about another individual or about a proposal for a grant, an award or a prize to be made to another individual by a government institution
private or confidential correspondence sent to a government institution
the views or opinions of another individual about the individual
the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the individual by an institution
the name of the individual where it appears with other related personal information or where the disclosure of the name itself would reveal information about the individual
For certain provisions of the Privacy Act, personal information does not include:
certain professional information about an individual who is or was an officer or employee of the federal government
certain professional information about an individual who is or was performing services under contract for a government institution that relates to the services performed
certain information relating to any discretionary financial benefit, including the granting of licences or permits to an individual
information about an individual who has been dead for more than 20 years.
StatCan Public Content means non-confidential results from any Statistics Canada activities, including data files, databases, public use microdata files, publications, tables, graphs, maps, reports and text for which Statistics Canada is the owner or a licensee of all intellectual property rights and made available to You or the Customer in accordance with the Statistics Canada Open Licence.
StatCan Protected Content means information that is confidential under the provisions of the Statistics Act.
Third Party Content means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and other work, accessed or available through the Internet or other means, that is not held by Statistics Canada and may be owned by parties other than You or the Customer, and may be protected by copyrights, trademarks, patents, trade secrets or other proprietary rights and laws.
Third Party Terms and Conditions means the terms of use, terms and conditions and or licensing requirements that must be accepted for the use of any third party software, access to which is provided on the DAS environment, e.g. ArcGIS.
Users means the Customer's employees, consultants, contractors, or agents who are authorized to access and use DAS and who have been supplied User Accounts and passwords for such purpose as part of a Customer project on DAS.
User Account refers to the unique login identification name or code (first name, last name email address, and work or organization name), Password and any information that is related to the User.
2. Modification of Terms
Statistics Canada ("We") reserves the right to change the Terms in its sole discretion, to ensure that it remains consistent with future developments and/or any changes in legal or regulatory requirements, or as We deem appropriate. Any changes to the Terms will be posted here and are binding on You and the Customer upon posting.
Each subsequent access to the User Account constitutes acceptance of the revised Terms.
3. Use of DAS
Use of DAS is strictly in accordance with the Terms.
You and the Customer shall not:
alter DAS or use it for commercial purposes;
decompile, reverse engineer, disassemble or attempt to derive the source code from the DAS;
remove, alter or obscure any proprietary notice from any portion of DAS;
reproduce, modify, improve, enhance or make derivative works based upon DAS;
distribute, license, lease, sell, resell, transfer, publicly display, transmit or otherwise exploit DAS;
link to, mirror or frame any portion of DAS for any illegal and unauthorized purpose, and agree to comply with all laws, rules, and regulations applicable to the use of DAS.
use DAS for any purposes outside the scope of the Customer's LOA with Statistics Canada governing their use of DAS, including to re-identify individuals, organizations or businesses that were previously un-identified, unless such activity is consistent with the purposes outlined in the Customer's agreement with Statistics Canada and with the Privacy Act, the Personal Information Protection and Electronic Documents Act (PIPEDA), and any other applicable federal, provincial or territorial laws of Canada.
You and the Customer shall not use DAS in any way that causes, or may cause, damage to DAS or impairment of its availability or accessibility, or of any of the areas of the DAS or on DAS.
Including, but not limited to:
using DAS to store or transmit inappropriate content, such as content that violates the intellectual property rights, proprietary rights or rights to the publicity or privacy of others;
interfering with or disrupting servers or networks used by Statistics Canada to provide DAS or used by other Users or Customers to access DAS;
violating any third-party regulations, policies or procedures of such servers or networks;
harassing or interfering with another User's or Customer's use of DAS;
accessing or attempting to access other User accounts, Customer Space, computer systems or networks not covered by the Terms, through password mining or any other means, to cause, in sole discretion, inordinate burden on DAS or system resources or capacity;
using DAS, or permitting such use, to share passwords or other access information or devices or otherwise authorize any third party to access or use DAS;
making any use of DAS in any way that:
are contrary to the principles of the Canadian Charter of Rights and Freedoms, Constitution Act, 1982;
are racist, hateful, sexist, homophobic or defamatory, or contain or refer to any obscenity or pornography;
are contrary to any federal, provincial or territorial laws of Canada,
involve any criminal activity;
otherwise violate the Terms.
Users and Customers acting contrary to the Terms may be temporarily suspended or permanently removed from DAS, with or without notice, without incurring liability of any kind and without cause for maintenance purposes.
4. Protecting your privacy as a Customer and User
Statistics Canada is fully committed to protecting personal information provided by the Customers and Users, as part of creating a User Account for access to DAS.
The personal information that you provide to Statistics Canada for DAS will be accessed and used only to create your User Account for DAS and to facilitate your collaboration with other Users in DAS. Failure to provide this information will result in the inability to use the DAS. Passwords (other than temporary passwords) will never be known by anyone other than the individual User, and DAS administrators will not have access to your password. Password administration (e.g. resets) will be handled via the User directly via DAS or other Statistics Canada party, and authenticated email address.
Your personal information will be collected, and your activities and usage of DAS will be logged and/or monitored. Information to support User Account management of DAS will be collected (first name, last name, email address, and work or organization name) for the purpose of managing user access to DAS. Your personal information may be disclosed to your organization for validation and reporting purposes.
Personal information is collected under the Government of Canada's standard personal information bank for Electronic Network Monitoring Logs (PSU 905) and safeguarded to prevent unauthorized disclosure.
5. Notifications and auditing
By registering for DAS and accepting the Terms, You and the Customer understand and expressly agree to receive notifications regarding DAS, including but not limited to use of DAS, including any notices concerning violations of use, and updates, via email. You, and the Customer, through the acceptance of the Terms, permit DAS to audit your use of DAS, software, or content using technical and other means, to monitor the use of DAS, software, Content or User Account credentials. This may include reviewing Customer applications, data or projects.
6. Accessibility Notice
The Government of Canada is committed to achieving a high standard of accessibility as defined in the Standard on Optimizing Website and Applications for Mobile Devices. If You experience difficulty using DAS, please see the "Help" menu on the top right of the Data Analytics Services • About (statcan.gc.ca), as well, contact statcan.dassupport-soutiendelads.statcan@statcan.gc.ca) for assistance or to obtain alternative formats.
7. Applicable Law
DAS and the Terms are governed by the laws of the province of Ontario and applicable laws of Canada. Legal proceedings may only be brought in the courts of Ontario or the Federal Court of Canada.
8. No Warranty
DAS and any Content is provided 'as is'. Statistics Canada makes no representations or warranties whatsoever with respect to the Content, whether express or implied, and expressly disclaims any implied warranty of merchantability or fitness for a particular purpose of the Content.
Statistics Canada is not responsible for the accuracy, completeness, appropriateness, or legality of the data You or the Customer request be placed on your Customer Space in DAS. Upon the termination of your access, We will have no obligation to keep any of your data, and will have the right to delete or destroy all copies of your data that are stored, unless prohibited by law.
Statistics Canada does not warrant that DAS will provide uninterrupted access, or that there would be no delay or interruption in service and shall assume no responsibility whatsoever for any loss or expense resulting from such delays, interruptions and/or interceptions.
9. No Liability
The Government of Canada, its officers, servants, employees and/or agents shall not be held liable for any injury to any person, including death, or for any loss or damage to any person's property, incurred or suffered arising out of or in connection with the use of DAS.
You and the Customer accept the risk that operations in DAS may be subject to suspension, interruption, transmission blackout or delayed transmission.
You and the Customer hereby indemnify and hold harmless Statistics Canada, its officers, servants, employees and/or agents and contractors, from any and all losses, conditions, whether express, implied, in contract, tort fiduciary or statutory, including implied warranties and implied conditions of merchantability, fitness for a particular purpose, and non-infringement.
10. Modifications, access and suspension
We reserve the right to suspend User Accounts and Customer Space that do not comply with the Terms and any other agreements in place for the use of DAS and the Content.
We reserve the right to prevent or remove the posting of Content that is contrary to the Terms.
We reserve the right to modify, make necessary unscheduled deployments or changes, updates or enhancements to DAS for any reason and without notice.
11. Ownership
Statistics Canada warrants that it is the rightful owner of DAS and related documentation that is the subject of the Terms.
12. Copyright and Trademarks
Information presented by Statistics Canada in DAS is subject to the Copyright Act of Canada.
The official symbols of the Government of Canada, including the Canada Wordmark, the Arms of Canada, and the flag symbol may not be reproduced whether for commercial or non-commercial purposes, without prior written authorization.
13. Confidentiality of Content
Information placed on DAS is done so under the authority of the Statistics Act.
Statistics Canada will protect the Content in accordance with the Statistics Act.
14. Third Party Content
We do not endorse or ensure the accuracy of any Third-Party Content stored in DAS.
We are not a party to any transaction between You, the Customer and a Third Party. Any and all dealings, correspondence, or other interactions You and the Customer have with such third parties and any terms and conditions imposed by that third party are solely between You, the Customer and the third party.
We shall not be liable in any way for your access to and use of Third Party Content, or for purchases or subscriptions made in relation thereto, all of which shall be your responsibility.
You and the Customer are responsible for any access or use of Third Party Content and ensuring that You and the Customer are acting in compliance with any associated terms and conditions.
15. Statistics Canada Content
Your access and/or use of the StatCan Public Content in DAS are subject to the terms and conditions of the Statistics Canada Open Licence, which will apply in full force and effect.
Your access and/or use of the StatCan Protected Content in DAS are subject to the terms and conditions stipulated in a separate agreement concluded between the Customer and Statistics Canada, which will apply in full force and effect.
16. Customer Content
No Customer Content containing Personal Information may be uploaded or ingested into DAS unless authorized by Statistics Canada as part of the project LOA.
Personal information is defined as per Section 3 of the Privacy Act (see section 1. Definitions for full definition).
You and the Customer must have the legal authority to collect the Personal Information you will upload in the DAS platform, to use this Personal Information for research and analysis purposes, and to host this Personal Information externally.
You and the Customer must comply with all applicable legislation that governs the Personal Information You and the Customer wish to use and host externally.
You and the Customer must comply with your department or organization policies and directives regarding data privacy and ethics, in collection, use, management, and storage of Personal Information within the DAS platform.
17. Maintenance
Statistics Canada may not provide any maintenance for DAS.
We may provide periodic updates to DAS which may include security patches, bug fixes and enhancements.
DAS uses multiple redundancy technologies on the cloud-based environment, such as the soft delete function where deleted items can be recovered within the past 90 days. This only applies to contents stored on the data lake.
Database snapshots (where applicable) are also kept for 14-35 days.Any additional backup requirements not covered in 17.3 will be discussed during DAS Customer and User onboarding process.
You are responsible to backup your data and keep it safe in this cloud-based environment following the best practice procedures outlined in the DAS Customer and User onboarding process.
As part of accepting the Terms, You and the Customer agree to limit access to Customer Space and its Content for your approved use of DAS.
18. Availability
You and the Customer acknowledge that the Internet is a 24/7 medium and that platforms are managed by third parties, and that Statistics Canada is not responsible for a lack of service caused by the platforms becoming unresponsive or unavailable.
19. General enquiries and Support
For general enquiries on DAS products and services or support requests, please visit the DAS website.
If you are looking for more information about Statistics Canada and its data holdings, please visit the Statistics Canada website.
20. User Account
You must complete the DAS User Account registration process with current, complete and accurate information as prompted by the User Account registration form. You will protect your password and take full responsibility for use of your User Account. You are solely responsible for any and all activities that occur under your User Account. You will notify DAS (statcan.dassupport-soutiendelads.statcan@statcan.gc.ca) immediately upon learning of any unauthorized use of your User Account or any other breach of security.
We may require You and the Customer to deactivate or change User Accounts that are obtained through DAS for any reason. Statistics Canada may exercise such right at any time, with or without prior notice and will not assume or have any liability for any action or inaction with respect to use of DAS, other than as authorized in the Terms.
Each subsequent access to your User Account for use of DAS will constitute your acceptance of the Terms.
21. Report abuse
If You or the Customer become aware of any material on DAS that contravenes the Terms, please notify DAS (statcan.dassupport-soutiendelads.statcan@statcan.gc.ca). In the event of an unauthorized use by any third party that obtained access through the User, You and the Customer will take all steps necessary to terminate such unauthorized use and notify DAS. You and the Customer will provide cooperation and assistance to DAS related to any such unauthorized use as may reasonably be requested.
End.
