ETOBICOKE CYCLING CLUB
** For not-for-profit organizations in Ontario, the privacy of personal information is governed by the Personal Information Protection and Electronic Documents Act (PIPEDA). This Policy is based on the standards required by PIPEDA as interpreted by the Ontario Cycling Association (OCA) **
1. The following terms have these meanings in this Policy:
a) “Commercial Activity” – any particular transaction, act or conduct that is of a commercial character.
b) “Personal Information” – any information about an individual that relates to the person’s personal characteristics including, but not limited to: gender, age, income, address, phone number, e-mail, photos and images, health history, and health conditions
c) “Stakeholder” – Individuals employed by, or engaged in activities on behalf of, the OCA including: coaches, staff members, contract personnel, volunteers, managers, administrators, committee members, and directors and officers of the Organization
d) “Member” – All categories of membership defined in the OCA’s Constitution and Bylaws as well as all individuals employed by, or engaged in activities with, the OCA including, but not limited to, athletes, coaches, convenors, officials, volunteers, managers, administrators, committee members, race organizers, and directors and officers of the OCA
2. The Etobicoke Cycling Club (ECC) recognizes Members’ right to privacy with respect to their Personal Information. This Policy describes the way that the OCA collects, uses, safeguards, discloses, and disposes of Personal Information.
Application of this Policy
3. This Policy applies to all Stakeholders and Members in connection with personal information that is collected, used or disclosed during ECC activity.
4. Except as provided in PIPEDA, ECC’s Board of Directors will have the authority to interpret any provision of this Policy that is contradictory, ambiguous, or unclear.
5. The ECC is obligated to follow and abide by PIPEDA in all matters involving the collection, use, and disclosure of Personal Information.
6. In addition to fulfilling the legal obligations required by PIPEDA, ECC Stakeholders will not:
a) Publish, communicate, divulge, or disclose to any unauthorized person, firm, corporation, or third party any Personal Information without the express written consent of the Member
b) Knowingly place themselves in a position where they are under obligation to any organization to disclose Personal Information
c) In the performance of their official duties, disclose Personal Information to family members, friends, colleagues, or organizations in which their family members, friends, or colleagues have an interest
d) Derive personal benefit from Personal Information that they have acquired during the course of fulfilling their duties with the ECC
e) Accept any gift or favour that could be construed as being given in anticipation of, or in recognition for, the disclosure of Personal Information
7. The ECC Board of Directors is responsible for the implementation of this policy and monitoring information collection and data security
8. Duties – The ECC Board of Directors will:
a) Implement procedures to protect personal information
b) Record all persons having access to personal information
c) Ensure any third party providers abide by this policy
9. The ECC may collect Personal Information from Members and prospective Members for purposes that include, but are not limited to:
Identificationa) Identifying the Member
Communicationsa) Sending communications in the form of e-news or a newsletter with content related to ECC programs, events, fundraising, activities, discipline, appeals, and other pertinent information
b) Publishing articles, media relations and postings on the ECC website, displays or posters
c) Award nominations, biographies, and media relations
d) Communication within and between Stakeholders and Members
e) Discipline results and long term suspension list
f) Checking residency status
Registration, Database Entry and Monitoring
g) Registration of programs, events and activities
h) Database entry at the Coaching Association of Canada and to determine level of coaching certification coaching qualifications and coach selection.
i) Database entry to determine level of officiating certification and qualifications
j) Determination of eligibility, age group and appropriate level of play/competition
k) Registration, outfitting uniforms, and various components of athlete and team selection
l) Technical monitoring, officials training, educational purposes, sport promotion, and media publications
Insurance programm) Manage and coordinate the club’s insurance program
Sales, Promotions and Merchandisingn) Purchasing equipment, coaching manuals, resources and other products
o) Promotion and sale of merchandise
p) Posting images for promotional purposes
Generalq) Travel arrangement and administration
r) Implementation of the ECC screening program
s) Medical emergency, emergency contacts or reports relating to medical or emergency issues
t) Determination of membership demographics and program wants and needs
u) Managing insurance claims and insurance investigations
v) Video recording and photography for personal use, and not commercial gain, by spectators, parents and friends
w) Video recording and photography for promotional use, marketing and advertising by the ECC
x) Payroll, honorariums, company insurance and health plans
y) Professional development, peer reviews and evaluations
10. The ECC’s Stakeholders may collect Personal Information from Members and prospective Members for other purposes, provided that documented consent specifying the use of the Personal Information is obtained from the Members or prospective Members.
11. By providing Personal Information to the ECC, Members are implying their consent to the use of that Personal Information for the purposes identified in the Identifying Purposes section of this Policy.
12. At the time of the collection of Personal Information and prior to the use or disclose of the Personal Information, the ECC will obtain consent from Members by lawful means. The ECC may collect Personal Information without consent when it is reasonable to do so and permitted by law.
13. In determining whether to obtain written or implied consent, the ECC will take into account the sensitivity of the Personal Information, as well the Members’ reasonable expectations. Members may consent to the collection and specified use of Personal Information in the following ways:
a) Completing and/or signing an application form
b) Checking a check box, or selecting an option (such as ‘Yes’ or ‘I agree’)
c) Providing written consent either physically or electronically
d) Consenting orally in person
e) Consenting orally over the phone
14. The ECC will not, as a condition of providing a product or service, require Members to consent to the use, collection, or disclosure of Personal Information beyond what is required to fulfill the specified purpose of the product or service.
15. A Member may withdraw consent in writing, at any time, subject to legal or contractual restrictions. The ECC will inform the Member of the implications of withdrawing consent.
16. The ECC will not obtain consent from Members who are minors, seriously ill, or mentally incapacitated. Consent from these individuals will be obtained from a parent, legal guardian, or a person having power of attorney.
17. The ECC is not required to obtain consent for the collection of Personal Information, and may use Personal Information without the Member’s knowledge or consent, only if:
a) It is clearly in the Member’s interests and the opportunity for obtaining consent is not available in a timely way
b) Knowledge and consent would compromise the availability or accuracy of the Personal Information and collection is required to investigate a breach of an agreement or a contravention of a federal or provincial law
c) An emergency threatens a Member’s life, health, or security
d) The information is publicly available as specified in PIPEDA
18. The ECC is also not required to obtain consent for the collection of Personal Information if the information is for journalistic, artistic, or literary purposes.
19. The ECC may disclose Personal Information without the Member’s knowledge or consent only:
a) To a lawyer representing the ECC
b) To collect a debt that the Member owes to the ECC
c) To comply with a subpoena, a warrant, or an order made by a court or other body with appropriate jurisdiction
d) To a government institution that has requested the information and identified its lawful authority, if that government institution indicates that disclosure is for one of the following purposes: enforcing or carrying out an investigation, gathering intelligence relating to any federal, provincial, or foreign law, national security or the conduct of international affairs, or administering any federal or provincial law
e) To an investigative body named in PIPEDA or a government institution, if the ECC believes the Personal Information concerns a breach of an agreement, contravenes a federal, provincial, or foreign law, or if the ECC suspects the Personal Information relates to national security or the conduct of international affairs
f) To an investigative body for purposes related to the investigation of a breach of an agreement or a contravention of a federal or provincial law
g) In an emergency threatening an Member’s life, health, or security (the ECC will inform the Member of the disclosure)
h) To manage the ECC’s risk management program, which may include third parties to assist in the risk management analysis and implementation
i) To an archival institution
j) 20 years after the individual’s death or 100 years after the record was created
k) If it is publicly available as specified in PIPEDA
l) If otherwise required by law
Accuracy, Retention, and Openness
20. In order to minimize the possibility that inappropriate Personal Information may be used to make a decision about a Member, Personal Information will be accurate, complete, and as up-to-date as is necessary for the purposes for which it will be used.
21. Personal Information will be retained as long as reasonably necessary to enable participation in ECC programs, events, and activities, and in order to maintain historical records as may be required by law or by governing organizations.
22. The ECC’s Stakeholders will be made aware of the importance of maintaining the confidentiality of Personal Information.
23. Personal Information will be protected against loss or theft, unauthorized access, disclosure, copying, use, or modification by security safeguards appropriate to the sensitivity of the Personal Information.
24. Personal Information that has been used to make a decision about a Member will be maintained for a minimum of one year in order to allow the individual the opportunity to access the Personal Information after the decision has been made.
25. The ECC will make the following information available to Members:
d) The means of gaining access to Personal Information held by the ECC
e) A description of the type of Personal Information held by the ECC, including a general account of its use
f) Identification of any third parties to which Personal Information is made available
26. Upon written request, and with assistance from the OCA after confirming the Member’s identity, Members may be informed of the existence, use, and disclosure of their Personal Information and will be given access to that Personal Information. Members are also entitled to be informed of the source of the Personal Information, and provided with an account of third parties to which the Personal Information has been disclosed.
27. Unless there are reasonable grounds to extend the time limit, requested Personal Information will be disclosed to the Member, at no cost to the Member, within thirty (30) days of receipt of the written request.
28. Members may be denied access to their Personal Information if the information:
a) Is prohibitively costly to provide
b) Contains references to other individuals
c) Cannot be disclosed for legal, security, or commercial proprietary purposes
d) Is subject to solicitor-client privilege or litigation privilege
29. If the OCA refuses a request for Personal Information, it shall inform the Member the reasons for the refusal and identify the associated provisions of PIPEDA that support the refusal.
30. Members are able to challenge the ECC for its compliance with this Policy.
31. Upon receipt of a complaint, the ECC will:
a) Record the date the complaint is received
b) Notify the Board of Directors who will appoint a Privacy Officer who will serve in a neutral, unbiased capacity to resolve the complaint;
c) Acknowledge receipt of the complaint by way of telephone conversation and clarify the nature of the complaint within seven (7) days of receipt of the complaint
d) Appoint an investigator using the ECC’s personnel or an independent investigator, who will have the skills necessary to conduct a fair and impartial investigation and will have unfettered access to all file and personnel
e) Upon completion of the investigation and within thirty (30) days of receipt of the complaint, the investigator will submit a written report to the ECC
f) Notify the complainant the outcome of the investigation and any relevant steps taken to rectify the complaint, including any amendments to policies and procedures
32. The ECC will not dismiss, suspend, demote, discipline, harass, or otherwise disadvantage any ECC Member or Stakeholder who:
a) Challenges the ECC for its compliance with this Policy
b) Refuses to contravene this Policy or PIPEDA
c) Takes precautions not to contravene this Policy or PIPEDA; even though said precautions may be in opposition to the regular duties performed by the Member