Personal Information Protection Act Policy (PIPA)
September 6, 2018
|Current Version Approved
September 6, 2018
|Date of Last review
September 6, 2018
- POLICY STATEMENT
- PERSONAL INFORMATION
2.1 “Personal Information” is any recorded information about an identifiable individual, other than information exempted by applicable privacy laws. Aggregated or anonymized data from which the identity of an individual cannot be determined is not Personal Information. The BC Sailing Association reserves the right to use Personal Information to create aggregated or anonymized data and to use such data in any way that the BC Sailing determines appropriate.
2.2 The BC Sailing Association only collects, uses and discloses Personal Information for purposes that would be considered reasonable in the circumstances and only such Personal Information as is required to provide services or information to participants, partner organizations, and others.
- COLLECTING PERSONAL INFORMATION
3.1 The BC Sailing Association uses only fair and lawful methods to collect Personal Information. The BC Sailing Association may collect Personal Information verbally or in writing (including via electronic media) from “representatives” – Directors, officers, employees, committees, members, volunteers, coaches, contractors and other partner organizations, or other third parties.
4.1 Statutory Obligations
The BC Sailing Association is governed by the Personal Information Protection and Electronic Documents Act in matters involving the collection, use and disclosure of personal information.
4.2 Additional Obligations
In addition to fulfilling all requirements of the Act, the BC Sailing Association and its Representatives will also fulfill the additional requirements of this Policy. Representatives of the BC Sailing Association will not:
- Disclose personal information to a third party during any business or transaction unless such business, transaction or other interest is properly consented to by this policy;
- Knowingly place themselves in a position where they are under obligation to any person to disclose personal information;
- In the performance of their official duties, disclose personal information to family members, friends or colleagues, or to organizations in which their family members, friend or colleagues have an interest; Derive personal benefit from personal information that they have acquired during fulfilling their official duties with the BC Sailing Association; and
- Accept any gift or favour that could be construed as being given in anticipation of, or in recognition for, the disclosure of personal information.
5.1 BC Sailing does not collect personally identifiable information from individuals without first obtaining consent. The Website may automatically collect certain non-personally identifying information regarding your use of the Website, such as the internet protocol (IP) address of your computer, the IP address of your internet service provider, the date and time you access the Website, the internet address of the website from which you linked directly to the Website, the operating system you are using, the sections of the Website you visit, the Website pages read and images viewed, and the content you download from the Website.
5.2 However, BC Sailing may seek consent to use and disclose Personal Information after it has been collected in those cases where BC Sailing wishes to use the information for a purpose not identified in this Policy or not previously identified or for which the individual concerned has not previously consented.
5.4 You may either refuse to give your consent to the collection, use, and disclosure of your Personal Information or withdraw your consent at any time upon reasonable notice. If you choose to withdraw your consent, we may not be able to offer you the services requested. We will inform you of the consequences of refusing to provide, or withdrawal of, your consent.
- COLLECTION AND USE OF PERSONAL INFORMATION
6.1 The BC Sailing Association only collects and uses Personal Information for the following purposes:
- Maintain Coaching records in the National Coaching Certification Program database;
- Maintain ViaSport records and reports;
- Maintain Sail Canada records;
- Maintain Athlete, coach, and official tracking programs, and other internal programs;
- Track participant accreditations;
- Administer our funding and grant programs;
- Organize various conferences that provide professional development and networking opportunities for coaches and sport leaders;
- Manage our various awards and recognition programs;
- Provide information to participants, partner organizations, and others about coach education-related programs and services;
- Manage our relationship and communicate with others participants and partner organizations;
- Meet legal and regulatory requirements;
- Manage our website and other information technology infrastructure;
- Recruit, hire, manage, evaluate, compensate and other wise deal with our employees and contractors; and
- Other reasonable purposes consistent with the above purposes.
6.2 The Personal Information we may collect from each individual will depend upon our relationship with that individual and which services the individual wishes to obtain from the BC Sailing Association.
- DISCLOSURE OF PERSONAL INFORMATION
7.1 In carrying out the purposes set out above, BC Sailing may disclose your Personal Information to:
- Individuals at the relevant Sport Organizations or their chosen, vetted, associates;
- Governmental agency funders of the BC Sailing Association;
- Print and electronic media in connection with awards and recognition programs;
- Individuals or organizations assisting BC Sailing in informing you about our Membership products or services;
- BC Sailing service providers; and
- Individuals or organizations involved in:
- Maintaining, reviewing, and developing our business systems, procedures, and infrastructure including testing or upgrading our computer systems; or
- A reorganization of the BC Sailing Association.
7.2 In the event sensitive Personal Information is provided to the BC Sailing Association; we will not disclose such Personal Information unless it is required to provide a participant or partner organization with our services.
7.3 Where the BCSA discloses Personal Information to organizations that perform services on its behalf, we will require those service providers to use such information solely to provide services to BC Sailing, participants, partner organizations, or the person concerned and to have appropriate safeguards for the protection of that Personal Information.
7.4 In some circumstances, the BC Sailing Association may disclose Personal Information without consent. Such circumstances include:
- Where required by law or by order or requirement of a court, administrative agency or governmental tribunal;
- Where the BC Sailing Association believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety, or property of an identifiable person or group;
- Where it is necessary to establish or collect monies owing to the BC Sailing Association;
- Where it is necessary, to permit the BC Sailing Association to pursue available remedies or limit any damages that we may sustain, or
- Where obliged or permitted to disclose information without consent, the BC Sailing Association will not disclose more information than is required.
- ACCURACY AND RETENTION OF PERSONAL INFORMATION
8.1 The BC Sailing Association endeavours to ensure that any Personal Information provided and in its possession is as accurate, current, and complete as necessary for the purposes for which we use that information. If we become aware that Personal Information is inaccurate, incomplete or out of date, the BC Sailing Association will revise the Personal Information and, if necessary, use reasonable commercial efforts to inform third parties which were provided with inaccurate information so that those third parties may also correct their records.
8.2 We keep Personal Information only as long as it is required for the reasons it was collected. The length of time we retain Personal Information varies, depending on the service and the nature of the information. The retention period for Personal Information may extend beyond the end of an individual’s relationship with us, but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date.
8.3 When your Personal Information is no longer required for the BC Sailing Association’s purposes, we have procedures to destroy, delete, erase or convert it into an anonymous form.
8.4 Currently, the principal places in which the BC Sailing Association holds Personal Information are in the City of Richmond.
- PROTECTION OF PERSONAL INFORMATION
9.1 The BC Sailing Association endeavours to maintain appropriate physical, procedural, and technical security concerning its office and information storage to minimize the possibility of loss, misuse, unauthorized access, disclosure, or modification of Personal Information. This also applies to our disposal or destruction of Personal Information.
9.2 The BC Sailing Association methods of protection and safeguards include, but are not limited to, locked filing cabinets, restricted access to offices, security clearances, need-to-know access and technological measures including the use of passwords, encryption, and firewalls. Employees will be made aware of the importance of maintaining personal information confidential and may be required to sign confidentiality agreements.
9.3 If any employee of the BC Sailing Association misuses Personal Information, this will be considered as a serious offence for which disciplinary action may be taken, up to and including termination of employment. If any individual or organization misuses Personal Information that is provided to the individual or organization for providing services to or for the BC Sailing Association, this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between the BC Sailing Association and that individual or organization.
- ACCESS TO YOUR PERSONAL INFORMATION
10.1 The BC Sailing Association permits the reasonable right of access and review of Personal Information held by us about an individual. To guard against fraudulent requests for access, we may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or making corrections.
10.2 The BC Sailing Association reserves the right to decline to provide access to Personal Information where the information requested:
- Would disclose:
- Personal Information, including opinions, about another individual or a deceased individual; or
- Trade secrets or other business confidential information that may harm the BCSA or the competitive position of a third party;
- Would interfere with contractual or other negotiations of the BCSA or a third party;
- Is subject to solicitor-client or litigation privilege;
- Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the Personal Information;
- Does not exist, is not held, or cannot be found by the BC Sailing Association;
- Could reasonably result in:
- Serious harm to the treatment or recovery of the individual concerned,
- Serious emotional harm to the individual concerned or another individual, or
- Serious bodily harm to another individual;
- May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by law to perform such functions; or
- May be withheld or is requested to be withheld under applicable legislation.
10.3 Where Personal Information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.
10.4 The BC Sailing Association reserves the right not to change any Personal Information in response to an amendment request from an individual but may append any alternative text the individual concerned proposes.
10.5 The BC Sailing Association will not charge you for verifying or correcting your Personal Information, however, to the extent permitted by applicable law, there may be a minimal charge imposed if you need a copy of records containing Personal Information.
11.1 Our web servers track general information about visitors such as their domain name, time of visit and which pages are being accessed. This information is used internally, only in aggregate form, to better serve visitors by helping us to:
- Manage our site;
- Diagnose any technical problems; and
- Improve the content of our website.
11.3 BC Sailing uses Google Analytics’ 3rd-party audience data such as age, gender, and interests to better understand the behaviour of our stakeholders.
- RULING ON POLICY
12.1 Except as provided in the Act, the Board of Directors of the BC Sailing Association will have the authority to interpret any provision of this Policy that is contradictory, ambiguous, or unclear.
- CHALLENGING COMPLIANCE
13.1 An individual will be able to challenge compliance with this Policy and the Act to the designated individual accountable for compliance.
13.2 Upon receipt of a complaint the BC Sailing Association will:
- a) Record the date the complaint is received;
- b) Acknowledge receipt of the complaint by way of telephone conversation and clarify the nature of the complaint within three (3) days of receipt of the complaint; Appoint an “Arbitrator” in accordance with the BC Sailing Association Alternative Dispute Resolution Policy 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, within ten (10) days of receipt of the complaint.
- c) Upon completion of the investigation and within twenty-five (25) days of receipt of the complaint, the investigator will submit a written report to the BC Sailing Association.
- d) Notify the complainant the outcome of the investigation and any relevant steps taken to rectify the complaint, including any amendments to policies and procedures within thirty (30) days of receipt of the complaint.
13.3 Assistance: The BC Sailing Association will assist an individual in preparing a request for information.
13.4. Whistleblowing: The BC Sailing Association must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee of the BC Sailing Association, or deny that employee a benefit because the employee, acting in good faith and by reasonable belief:
- a) has disclosed to the commissioner that the BC Sailing Association has contravened or is about to contravene the Act;
- b) has done or stated an intention of doing anything that is required to be done to avoid having any person contravene these Act;
- c) has refused to do or stated an intention of refusing to do anything that is in contravention of these Act.
Courtesy of Coaching Association Canada