January 2025
This agreement replaces the version dated August 2023.
Summary of updates:
- Section 2: Clarified ownership of Client Data
- Section 2: Added expectations about how quickly we can provide Client Data
- Section 3: Included recommendations for securing your Workspace account
- Section 5: Removed reference to transferring Client Data. This feature is no longer available as previously communicated.
General
Throughout this agreement, you and your refer to the licensed user of Workspace. We, us and our refer to The Canada Life Assurance Company and/or its affiliates.
By using Workspace you agree to comply with this agreement as well as all applicable laws.
Canada Life Data means all electronic data or information that we provide to you on Workspace about clients who own Canada Life products, for example, client policy information, addresses on file, dates of birth and other details.
Client Data means all electronic data or information that you entered, or a delegate user entered on your behalf, including any information about an identifiable individual. It does not include data about clients we obtain outside Workspace; for example, data we obtain directly from the client.
This agreement contains important information about how you must use Workspace, and what our obligations are with respect to Client Data. By agreeing to these terms, you’re also confirming that you’ve read and understood all the details outlined below.
Summary of what’s included in this agreement:
- Your client’s privacy and personal information:
- Your obligation to obtain client consent to store Client Data on Workspace
- What type of information you’re allowed to store
- We also describe our obligations regarding your clients’ privacy.
- Restrictions and limitations on how you use Workspace:
- What happens if we stop offering Workspace and who is responsible for Client Data
- Username and password:
- Your username and password must be secure
- Your electronic signature consists of your username and password
- You’re legally responsibility for use of your electronic signature in Workspace
- Sending clients electronic communications through Workspace:
- Our use of emails through Workspace
- Access to and storage of Client Data in Workspace:
- Acknowledging our access to Client Data
- Providing access to Client Data to advisors who purchase your book of business
- Retention of Client Data stored in Workspace
- Our access to information about your use of Workspace:
- Situations, limitations and restrictions around our access to Client Data
- Our access to information about your use of Workspace
- Delegating access to Workspace:
- Your responsibility in granting delegate access to other users
- Prohibited uses of Workspace:
- Ways you’re not allowed to use Workspace
- Copyright:
- Workspace is our intellectual property
- Trademarks:
- Where there are trademarks, how and with what permission they’re used
- Limitation of liability:
- Limits to the reliability of and our promises about Workspace
- You assume full responsibility for using Workspace and you agree not to hold us accountable for losses.
- Use of other sites
- Legal
1. Your client’s privacy and personal information
Workspace requires our use of a policyowner’s email address to notify them of transactions you’ve submitted on their behalf and/or to obtain e-consent when required. We agree to store client email addresses only in Workspace and only for transacting business with us. We will not use this email address for other purposes without first obtaining client consent.
Please also refer to Canada Life’s privacy policy in more detail.
While not tied to your use of Workspace, please remember to obtain consent from all your clients and contacts (if you don’t already have it) before you store Client Data on Workspace or any other storage site.
2. Restrictions and limitations on how you use Workspace
We provide you a limited license to display the contents of Workspace on your computer or other electronic device, and to print, download and use Workspace materials provided solely for informational purposes or to transact business with us.
You agree that you will not use Workspace for any purpose other than to carry out legitimate business activities and that you will not use the site for personal reasons.
You may not modify Workspace in any way and must comply with all copyright and other notices. You agree not to, or allow others to, directly or indirectly impair or interfere with, alter or modify the site, or to disrupt or attempt to disrupt it.
You agree to abide by all policies, procedures, guidelines and any other terms and conditions related to how you use Workspace.
As the licensed servicing advisor:
- You’re responsible for the Client Data you or a delegate enters or uploads into Workspace, including its accuracy and completeness.
- Client Data belongs to you. You will retain access to Client Data until such time as you delete it, you request a copy of it or until we delete it as required in our retention guidelines or by law.
If we discontinue Workspace or any core features or functionalities of Workspace for any reason, we’ll provide you with reasonable notice. However, we may immediately disable your access to Workspace or certain features in circumstances where we deem it necessary to do so, for example for security reasons, in the event of the termination of your authority to represent Canada Life, your misuse of Workspace, or non-compliance with this agreement. If we discontinue Workspace or any of its core features or functionalities, we will provide you, the servicing advisor, with Client Data. You acknowledge that collecting and securely sharing that data back to you will be carried out in a manner Canada Life deems appropriate.
3. Username and password
You agree not to share or let others use your Workspace user identification or password. Your access to Workspace and your license is for your use only.
Your username and password act as your electronic signature in all your interactions with Workspace. You authorize us and any applicable third party to act on any instructions you provide through Workspace and you acknowledge and agree that your electronic signature is equivalent to your written, signed instructions.
You also agree that the web pages you access act as written documents and that clicking any button to trigger a transaction (e.g., “submit”, “approve”, or “ok”), will have the same legal effect as if you had signed and given us hard copy versions of the web pages.
You agree that you are legally responsible for any use of your electronic signature. You also agree that you are responsible for any loss caused by or in connection with any authorized or unauthorized use of your electronic signature, whether used by you or any other individual. This includes any transactions performed or information obtained through Workspace using your electronic signature with or without your knowledge or consent.
You agree to use appropriate and strong security measures to protect the confidentiality of your electronic signature, and to guard against its misuse. You agree at all times to protect the security of the email account you use to access Workspace. You agree to notify us immediately if the confidentiality of your username and/or password is in jeopardy, if there has been unauthorized use of your electronic signature, or if your email has been accessed by any third party.
4. Sending clients electronic communications through Workspace
Certain transactions you complete in Workspace may result in us sending your clients an email to notify them of the transactions you made on their behalf or to have them approve certain transactions you’ve submitted on their behalf. These communications are not prohibited by CASL.
5. Access to, storage and transfer of Client Data in Workspace
You acknowledge and agree that we have access to all Client Data stored in Workspace.
This access is restricted to our employees who require access for legitimate business purposes including troubleshooting Workspace functionality and advisor oversight obligations imposed on us by law.
If you’re an advisor in Quebec attached to Canada Life and/or one of its affiliates as your firm, you acknowledge and agree that we are required by law to keep all documents and information you supply and that such documents and information must be available to us and to the Autorite des Marches financiers as it determines.
Canada Life and its affiliates will retain all Client Data as may be required by law in Quebec and elsewhere in Canada.
If you are an advisor in Quebec and you’re not attached to Canada Life and/or one of its affiliates as your firm, or if you’re an advisor outside of Quebec, we acknowledge and agree that all Client Data belongs to you or your firm and we agree to provide you or your firm with such Client Data as soon as reasonably possible after termination of your business relationship with us.
6. Our access to and use of data on Workspace
You acknowledge and agree that we may access Client Data so that we can resolve technical or operational issues, comply with our oversight and regulatory obligations and respond to customer complaints.
You acknowledge and agree that we may release relevant Client Data without your consent to any third party requesting such information in the event of a regulatory investigation or as otherwise required by law.
You acknowledge and consent to our access to data about you and your use of Workspace, including for example when and how often you log in, which features you use or the transactions you process through Workspace. We will use this data for the purposes of analyzing or optimizing Workspace features, services and support. In no way does this analysis alter the terms outlined in this section under paragraph one related to our access to Client Data.
7. Delegating access to Workspace
If you’re an advisor or principal of a firm, you agree that Canada Life will only provide delegate access to information in Workspace based on the authorization you’ve provided for such access, whether that authorization was provided digitally or
in writing. You also agree that if you provided authorization using a “third party access” request, you’re authorizing us to provide delegation access to Workspace even though the form may not specify Workspace. You further agree that you’re responsible for terminating any delegate access you’ve granted when that access is no longer required.
You agree you will not circumvent Canada Life’s delegation process by providing access to others by sharing your username or password.
You are responsible for any breach of privacy resulting from delegation of access to Workspace.
8. Prohibited uses of Workspace
You agree not to do any of the following in conjunction with your use of Workspace:
- Allow unauthorized access to or use of Workspace, and you will notify us immediately in the event of any such unauthorized access;
- Make Workspace available to others without first obtaining approval from Canada Life;
- Sell, resell, rent or lease Workspace to any other person;
- Violate any applicable laws or government regulations;
- Use Workspace to collect, store, use or transmit infringing, libelous, or otherwise unlawful or tortious material;
- Collect, store, use or transmit material that violates third-party privacy rights or any applicable law, including Canada’s Personal Information Protection and Electronic Documents Act and/or any other applicable privacy legislation;
- Use Workspace to store, transmit, distribute or upload content, programs or malicious code that contain viruses, worms, time bombs, Trojan horses and other harmful or malicious code, disabling devices, or harmful components, files, scripts, agents or programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Interfere with or disrupt the integrity or performance of Workspace or any data it contains;
- Use Workspace and/or any data or information stored on it for malicious or fraudulent purposes;
- Attempt to gain unauthorized access to Workspace or its related systems or networks;
- Create derivative works based on Workspace;
- Copy, frame or mirror any part or content of Workspace;
- Reverse engineer Workspace; or
- Access Workspace in order to build a competitive product or service or copy any features, functions or graphics of it.
9. Copyright
We have developed Workspace and therefore it’s our property. All information and materials contained on Workspace are protected by copyright, trademark and/or intellectual property laws of Canada and other countries and are the property of their respective owner or owners. Subject to the limited license to use Workspace as described in this agreement, no one may copy, redistribute, reproduce or republish in any form, or link to Workspace or its contents in any manner whatsoever, including by way of hyperlinks or framing, unless that person has obtained our prior written consent. Any infringement of our rights may result in legal action. We do not accept any liability resulting from unauthorized reproduction or use of the information on this site.
10. Trademarks
We own or have obtained the right to use by license or otherwise the trademarks, logos and domain names used on or in connection with the goods and services that Workspace provides and displays. The trademarks are protected by Canadian and foreign trademark laws. All rights reserved. The display of trademarks on Workspace shall not in any way be construed as an implied license for you or any third party to use such trademarks.
Any logos or marks displayed on Workspace followed by the TM symbol at first-time of use are our or third party registered or unregistered marks. Third party marks are used with permission or under license.
11. Limitation of liability
We do our best to ensure the information we post on Workspace is reliable and accurate at the time of posting.
We do not make any representations or guarantees, express or implied, about the usability or condition of Workspace or that it will:
Operate uninterrupted or error-free
Operate in combination with any services or software used in connection with it
Be viewed consistently with all browsers,
We provide you with access to Workspace through the networks of third-party telecommunications providers and through other suppliers and third parties. We assume no responsibility for security of your facilities or networks, nor for unauthorized access to them. In all cases, you’re responsible for determining and establishing secure network access configurations. We, our affiliates, and our respective directors, officers, employees and agents, are not liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the internet.
We use third-party service providers to provide certain tools and/or programs for your convenience, and we do not warrant or assume liability for their functionality or accuracy.
You assume full responsibility for risk of loss of any nature resulting from your use of Workspace. Without limiting the generality of the foregoing, you acknowledge and agree that we, our affiliates, any third party, or any of our respective directors, officers, employees or agents will not be liable to you for:
- The loss of data
- The loss of computer time
- Any loss or damage of any nature because of your use of or inability to use Workspace for any reason whatsoever
- Any action or inaction on our part
- Any direct, indirect, special or consequential damages, even if we have been advised of the possibility of it, including but not limited to lost profits, lost opportunities or business revenues, loss of goodwill, or failure to realize expected savings.
12. Use of other sites
Workspace contains links to other sites or may be accessed from them. Access or use of sites to which we provide links, and of sites that link to Workspace, are subject to the terms and conditions of those sites. You’re responsible for any use that you make of the content contained on those sites and you’re solely responsible for the consequences of any use of or reliance on that content. Links to those sites are provided for convenience only.
13. Legal
Your use of Workspace and its content, including this agreement are governed by the laws of the Province of Ontario, and the laws of Canada applicable in Ontario, and you agree to attorn to the jurisdiction of the courts of the Province of Ontario.
You agree that if we don’t exercise or enforce any legal right or remedy contained in this agreement this is not a waiver of any of our rights, and those rights or remedies remain available to us.
If any provision of this agreement is held to be illegal, invalid or unenforceable, this won’t affect any other provision of this agreement and this agreement will be amended to the extent necessary to make it legal, valid, binding and enforceable.
We may change this agreement, and any other agreements, statements, or documents on Workspace, at any time with or without advanced notice to you. Any modifications to this agreement will be available on Workspace and you will be asked at that time to re-confirm your agreement and acceptance of the revised terms and conditions or to decline to accept, as you wish.