Article 1 – General
1.1 Background – Privacy of personal information is governed by the Personal Information Protection and Electronics Documents Act (“PIPEDA”). This policy describes the way that Curling Canada collects, uses, safeguards, discloses and disposes of personal information, and states Curling Canada’s commitment to collecting, using and disclosing personal information responsibly. This policy is based on the standards required by PIPEDA, andCurling Canada’s interpretation of these responsibilities.
1.2 Purpose –The purpose of this policy is to govern the collection, use and disclosure of personal information in the course of commercial activities in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need of Curling Canada to collect, use or disclose personal information.
1.3 Definitions – The following terms have these meanings in this Policy:
1. Act – Personal Information Protection and Electronic Documents Act.
2. Commercial Activity – any particular transaction, act or conduct that is of a commercial character.
3. Personal Information – any information about an identifiable individual including information that relates to their personal characteristics including, but not limited to, gender, age, income, social insurance number, home address or phone number, athletic testing and results, email, ethnic background, family status, health history and health conditions.
4. Representatives – Members, governors, officers, employees, committee members, officials, athletes, coaches, volunteers, administrators, donors, contractors and all other participants within Curling Canada’s programs and services.
1.4 Application –This Policy applies to Curling Canada in connection with personal information that is collected, used or disclosed during any commercial activity related to Curling Canada.
1.5 Statutory Obligations – Curling Canada is governed by the Personal Information Protection and Electronic Documents Act in matters involving the collection, use and disclosure of personal information.
1.6 Additional Obligations – In addition to fulfilling all requirements of the Act, Curling Canada will also fulfill the additional requirements of this Policy. The Curling Canada will not:
1. Disclose personal information to a third party during any business or transaction unless such business, transaction or other interest is properly consented to in accordance with this Policy;
2. Knowingly place themselves in a position where they are under obligation to any organization to disclose personal information;
3. In the performance of their official duties, disclose personal information to family members, friends or colleagues, or to organizations in which their family members, friends or colleagues have an interest;
4. Derive personal benefit from personal information that they have acquired during the course of fulfilling their duties with Curling Canada; and
5. Accept any gift or favor that could be construed as being given in anticipation of, or in recognition for, the disclosure of personal information.
1.7 Ruling on Policy – Except as provided in the Act, Curling Canada’s Privacy Officer will have the authority to interpret any provision of this Policy that is contradictory, ambiguous, or unclear.
Article 2 – Accountability
2.1 Privacy Officer – Bill Merklinger,Executive Director, Corporate Services, is Curling Canada’s Privacy Officer and is responsible for the implementation of this policy and monitoring information collection and data security, and ensuring that all employees receive appropriate training on privacy issues and their responsibilities. The Privacy Officer also handles personal information access requests and complaints. The Privacy Officer may be contacted at the following address:
c/o Bill Merklinger
1660 Vimont Court
Orleans, Ontario K4A 4J4
Email: [email protected]
2.2 Duties – The Privacy Officer will:
1. Implement procedures to protect personal information;
2. Establish procedures to receive and respond to complaints and inquiries;
3. Ensure any third party providers abide by this policy; and
4. Train and communicate to staff information about Curling Canada’s policies and practices.
2.3 Employees –Curling Canada will be responsible to ensure that the employees, contractors, agents, or otherwise are compliant with the Act and this Policy.
Article 3 – Identifying Purposes
3.1 Purpose – Personal information may be collected from Representatives and prospective Representatives and will only be used to meet and maintain the highest standards related to the organization and programming of curling. Curling Canada will use personal information for purposes that include, but are not limited to, the following:
1. Ensure the provision of high quality products and/or services.
2. Receiving communications from Curling Canada and their sponsors in regards to E-news, e-mails, bulletins, donation requests, invoices, notifications, merchandise sales, newsletters, programs, events and activities.
3. Establishment and management of trust funds and distribution of honorariums.
4. Database entry at the Coaching Association of Canada to determine level of coaching certification and qualifications.
5. Coach selection.
6. Database entry to determine level of officiating and ice technician certification and qualifications.
7. Determination of eligibility, age group and appropriate level of play/competition.
8. Implementation of Curling Canada’s screening program.
9. Implementation of anti-doping policies and drug testing.
10. Promotions, sale of merchandise and financial transactions*.
11. Medical emergency.
12. Award nominations.
13. Biographical information.
14. Competition and Curling Canada registration.
15. Outfitting uniforms, monitoring eligibility, arranging travel and various components of athlete and team selection.
16. Technical monitoring, officials training, educational purposes, media publications, and sport promotion.
17. Purchasing equipment, manuals, resources and other products and/or services.
18. Publishing articles, media relations and posting on Curling Canada’s website, publications, displays or posters.
19. Determination of membership demographics and program wants and needs.
20. Managing payroll, health benefits, insurance claims or insurance investigations.
21. Other purposes deemed necessary by Curling Canada’s Privacy Officer while in compliance with the Act.
*Financial information, for example credit card numbers, will not be maintained by Curling Canada and will be deleted upon completion of the applicable financial transaction.
3.2 Purposes not Identified – Curling Canada will seek consent from individuals when personal information is used for commercial purpose not identified herein or previously identified. This consent will be documented as to when and how it was received.
3.3 User ID and/or Password – A Representative or potential Representative is solely responsible for any User ID and/or password to access Curling Canada’s website and will not disclose their User ID or password to any third party. Upon such disclosure, the Representative or potential Representative will be solely responsible for the actions resulting from the disclosure.
3.4 Shopping On-Line – A Representative or potential Representative who shops and orders from Curling Canada’s on-line catalogue will be provided a secure commerce transaction by way of Verisign secure server software. Verisign encrypts all information inputted before being sent to Curling Canada, including credit card numbers, name and address, in order to prevent unauthorized disclosure on the internet. In the event that a Representative or potential Representative does not wish to provide personal information on-line, the Representative or potential Representative may otherwise choose to order via telephone (1-800-550-2875) or by fax (1-613-834-0716).
Article 4 – Consent
4.1 Consent – Curling Canada will obtain consent by lawful means from individuals at the time of collection and prior to the use or disclosure of the applicable personal information. Curling Canada may collect personal information without consent where reasonable to do so and where permitted by law.
4.2 Implied Consent – By providing personal information to Curling Canada in any format, including but not limited to email, personal correspondence, letter or via registration, individuals are consenting to the use of the information for the purposes identified in this policy.
4.3 Means of Consent – Individuals may provide consent, either written or implied, in the following ways:
1. Completing and/or signing an application or registration form
2. Checking a check box, or selecting an option (such as ‘Yes’ or ‘I agree’)
3. Providing written consent either physically or electronically
4. Consenting orally in person
5. Consenting orally over the phone
4.4 Withdrawal – An individual may withdraw consent in writing to the collection, use or disclosure of personal information at any time, subject to legal or contractual restrictions.Curling Canada will inform the individual of the implications of such withdrawal.
4.5 Legal Guardians – Consent will not be obtained from individuals who are minors, seriously ill, or mentally incapacitated and therefore will be obtained from a parent, legal guardian or person having power of attorney.
4.6 Exceptions for Collection – Curling Canada is not required to obtain consent for the collection of personal information if:
1. It is clearly in the individual’s interests and consent is not available in a timely way;
2. Knowledge and consent would compromise the availability or accuracy of the information and collection is required to investigate a breach of an agreement or contravention of a federal or provincial law;
3. The information is for journalistic, artistic or literary purposes; or
4. The information is publicly available as specified in the Act.
4.7 Exceptions for Use – Curling Canada may use personal information without the individual’s knowledge or consent only:
1. If Curling Canada has reasonable grounds to believe the information could be useful when investigating a contravention of a federal, provincial or foreign law and the information is used for that investigation;
2. For an emergency that threatens an individual’s life, health or security;
3. For statistical or scholarly study or research;
4. If it is publicly available as specified in the Act;
5. If the use is clearly in the individual’s interest and consent is not available in a timely way; or
6. If knowledge and consent would compromise the availability or accuracy of the information and collection was required to investigate a breach of an agreement or contravention of a federal or provincial law.
4.8 Exceptions for Disclosure – Curling Canada may disclose personal information without the individual’s knowledge or consent only:
1. To a lawyer representing Curling Canada;
2. To collect a debt the individual owes to Curling Canada;
3. To comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction;
4. To a government institution that has requested the information, identified its lawful authority, and indicated that disclosure is for the purpose of enforcing, carrying out an investigation, or gathering intelligence relating to any federal, provincial or foreign law; or that suspects that the information relates to national security or the conduct of international affairs; or is for the purpose of administering any federal or provincial law;
5. To an investigative body named in the Act or government institution on Curling Canada’s initiative when Curling Canada believes the information concerns a breach of an agreement, or a contravention of a federal, provincial, or foreign law, or suspects the information relates to national security or the conduct of international affairs;
6. To an investigative body for the purposes related to the investigation of a breach of an agreement or a contravention of a federal or provincial law;
7. In an emergency threatening an individual’s life, health, or security (Curling Canada must inform the individual of the disclosure);
8. For statistical, scholarly study or research;
9. To an archival institution;
10. 20 years after the individual’s death or 100 years after the record was created;
11. If it is publicly available as specified in the regulations; or
12. If otherwise required by law.
Article 5 – Limiting Collection, Use, Disclosure and Retention
5.1 Limiting Collection, Use and Disclosure – Curling Canada will not collect, use or disclose personal information indiscriminately. Information collected will be for the purposes specified in Article 3.1, except with the consent of the individual or as required by law.
5.2 Retention Periods – Personal information will be retained as long as reasonably necessary to enable participation in Curling Canada, to maintain accurate historical records and or as may be required by law.
5.3 Destruction of Information – Documents will be destroyed by way of shredding and electronic files will be deleted in their entirety.
Article 6 – Safeguards
6.1 Safeguards – Personal information will be protected by security safeguards appropriate to the sensitivity of the information against loss or theft, unauthorized access, disclosure, copying, use or modification.
Article 7 – Individual Access
7.1 Access – Upon written request, and with assistance from Curling Canada, an individual may be informed of the existence, use and disclosure of his or her personal information and will be given access to that information. As well, an individual is entitled to be informed of the source of the personal information along with an account of third parties to whom the information has been disclosed.
7.2 Response – Requested information will be disclosed to the individual within 30 days of receipt of the written request at no cost to the individual, or at nominal costs relating to photocopying expenses, unless there are reasonable grounds to extend the time limit.
7.3 Denial – An individual may be denied access to his or her personal information if:
1. This information is prohibitively costly to provide;
2. The information contains references to other individuals;
3. The information cannot be disclosed for legal, security or commercial proprietary purposes;
4. The information is subject to solicitor-client or litigation privilege.
7.4 Reasons – Upon refusal, Curling Canada will inform the individual the reasons for the refusal and the associated provisions of PIPEDA.
7.5 Identity – Sufficient information will be required to confirm an individual’s identity prior to providing that individual an account of the existence, use, and disclosure of personal information.
Article 8 – Challenging Compliance
8.1 Challenges – An individual will be able to challenge compliance with this Policy and the Act to the designated individual accountable for compliance.
8.2 Procedures – Upon receipt of a complaint Curling Canada will:
1. Record the date the complaint is received;
2. Notify the Privacy Officer who will serve in a neutral, unbiased capacity to resolve the complaint;
3. Acknowledge receipt of the complaint by way of telephone conversation and clarify the nature of the complaint;
4. Appoint an investigator using Curling Canada 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.
5. Upon completion of the investigation, the investigator will submit a written report to Curling Canada.
6. Notify the complainant the outcome of the investigation and any relevant steps taken to rectify the complaint, including any amendments to policies and procedures.
8.3 Whistle-blowing – Curling Canada will not dismiss, suspend, demote, discipline, harass or otherwise disadvantage all governors, officers, employees, committee members, volunteers, trainers, contractors, and other decision-makers within Curling Canada or deny that person a benefit because the individual, acting in good faith and on the basis of reasonable belief:
1. Disclosed to the commissioner that Curling Canada has contravened or is about to contravene the Act;
2. Has done or stated an intention of doing anything that is required to be done in order to avoid having any person contravene the Act; or
3. Has refused to do or stated an intention of refusing to do anything that is in contravention of the Act.
Article 9 – Applicable Law
9.1 Applicable Law – The laws of the province of Ontario will govern.