Policy concerning the protection of personal information
1.0 Preamble
1.1 Motivate Canada (also referred to throughout this document as “we”) is a national not-for-profit organization engaging, developing and empowering youth through sport. In the course of providing our programs and services, Motivate Canada may collect Personal Information. Motivate Canada respects a person’s privacy; therefore, we have prepared this Policy to inform individuals about Motivate Canada’s ongoing commitment to ensure that the Personal Information obtained during the course of our activities remains accurate and confidential.
2.0 What is Personal Information
2.1 Motivate Canada considers Personal Information to mean any information, recorded in any form, about an identified individual or an individual whose identity may be inferred or determined from such information, other than business contact information (e.g. name, title, business address).
2.2 This Policy does not cover aggregated data from which the identity of an individual cannot be determined. Motivate Canada retains the right to use aggregated data in any way that it determines appropriate.
3.0 The Purpose for Collecting Personal Information
3.1 Motivate Canada may use the Personal Information provided verbally or in writing (including via electronic media) by athletes, young people, staff, volunteers, clients, contractors, partner organizations, or other third parties (herein referred to as “participants”) in order to:
a) Provide, administer, and manage Motivate Canada programs and services and to maintain associated databases;
b) Comply with the law and regulatory requirements, as part of normal business transactions and record keeping, for said programs and services;
c) Understand an individual’s need(s) and to determine the suitability of programs and services with which to best serve this individual;
d) Organize conferences;
e) Provide information to participants, clients, contractors, partner organizations, and other third parties about Motivate Canada’s programs and services;
f) Manage Motivate Canada’s relationship and communication with participants, staff and volunteers, clients, contractors, partner organizations, and other third parties; and
g) Such other purposes consistent with these purposes.
The Personal Information Motivate Canada asks for will depend upon which services an individual may obtain.
4.0 How Motivate Canada Collects and Uses Personal Information
4.1 Motivate Canada only collects, uses, and discloses Personal Information for purposes that would be considered reasonable in the circumstances and only such information as is required for the purpose of providing services or information to participants. Motivate Canada complies with the principles of Canada’s Personal Information Protection and Electronic Documents Act in collecting Personal Information (Appendix A).
4.2 Motivate Canada’s use of Personal Information is limited to the purpose described in this Policy and Motivate Canada does not otherwise sell, trade, barter, exchange, or disclose for consideration any Personal Information it has obtained.
5.0 When Motivate Canada May Disclose Your Personal Information
5.1 Motivate Canada may disclose a participant’s Personal Information to:
a) Relevant national/provincial sporting organizations;
b) Relevant provincial schools and education services;
c) Governmental agencies, foundations, sponsors, and other funders of Motivate Canada;
d) Collecting agencies, lawyers, and others when collecting a debt owed or enforcing an agreement between an individual and Motivate Canada;
e) Print and electronic media in connection with promotional materials;
f) Individuals or organizations who assist Motivate Canada in informing individuals about our programs and/or services;
g) Individuals or organizations who are advisers or service providers of Motivate Canada;
h) Individuals or organizations involved in maintaining, reviewing and developing Motivate Canada’s business systems, procedures and infrastructure including testing or upgrading our computer systems.
5.2 In the event sensitive Personal Information is provided to Motivate Canada, we will not disclose such Personal Information unless it is required in order to provide participants with our programs or services.
5.3 Where Motivate Canada discloses Personal Information to organizations that perform services on its behalf, we will require those service providers to use such information solely for the purpose of providing services to Motivate Canada and to have appropriate safeguards for the protection of that Personal Information.
5.4 Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Motivate Canada is obliged to disclose information without consent. Such circumstances may include:
a) Where required by law or by order or requirement of a court, administrative agency or governmental tribunal;
b) Where Motivate Canada believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety, or property of an identifiable person or group;
c) Where it is necessary to establish or collect monies owing to Motivate Canada;
d) Where it is necessary to permit Motivate Canada to pursue available remedies or limit any damages that we may sustain; or
e) Where the information is public
5.5 Where obliged or permitted to disclose information without consent, Motivate Canada will not disclose more information than is required.
6.0 Consent
6.1 Unless permitted by law, no Personal Information is collected without first obtaining the consent of the participant concerned to the collection, use, and dissemination of that information. However, Motivate Canada may seek consent to use and disclose Personal Information after it has been collected in those cases where Motivate Canada 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.
6.2 By providing Personal Information to Motivate Canada a participant agrees and consents that we may collect, use, and disclose your Personal Information in accordance with this Policy. In addition, where appropriate, specific authorizations or consents may be obtained from time to time.
6.3 In most cases and subject to legal and contractual restrictions, a participant is free to refuse or withdraw his/her consent at any time upon reasonable, advance notice. It should be noted that in certain circumstances, certain services can only be offered if a participant provides Personal Information to Motivate Canada. Consequently, if a participant chooses not to provide Motivate Canada with any required Personal Information, we may not be able to offer the services requested. In this case, we will inform a participant of the consequences of the withdrawal of consent.
7.0 To Decline to Have Personal Information Collected, Used, or Disclosed for Certain Purposes
7.1 A participant may decline to have his/her Personal Information collected, used, or disclosed for certain purposes. These purposes include receiving information regarding programs or services and/or sharing a participant’s information with other organizations for the purpose of providing a participant with information about programs and services.
7.2 To choose this option, participants must contact the Privacy Officer of Motivate Canada and request an “opt out” form (Appendix B).
8.0 Accuracy
8.1 Motivate Canada endeavours to ensure that any Personal Information provided and its possession is as accurate, current and complete as necessary for the purpose for which we use that information. If we become aware that Personal Information is inaccurate, incomplete or out of date, Motivate Canada will revise the Personal Information and, if necessary, use its best efforts to inform third parties which were provided with inaccurate information so that those third parties may also correct their records.
9.0 Retention
9.1 Motivate Canada keeps a participant’s Personal Information only as long as it is required for the reasons it was collected. The length of time we retain information varies, depending on the services and the nature of the information. This period may extend beyond the end of a participant’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.
9.2 When your Personal Information is no longer required for Motivate Canada’s purposes, we have procedures to destroy, delete, erase, or convert it into an anonymous form.
9.3 Currently, the principal places in which Motivate Canada holds Personal Information are in its Regional Offices in Vancouver, B.C.; Toronto, Ontario; Halifax, Nova Scotia; and Alexandria, Virginia; and its National Office in Ottawa, Ontario.
10.0 Security
10.1 Staff of Motivate Canada is required to treat all Personal Information confidentially. Motivate Canada maintains reasonably available safeguards that comply in all material respects with industry standards to guard Personal Information against loss, destruction, or modification.
11.0 Protection
11.1 Motivate Canada endeavours to maintain appropriate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information. This also applies to our disposal or destruction of Personal Information.
11.2 Motivate Canada further protects Personal Information by restricting access to it to those employees that the management of Motivate Canada has determined need to know that information in order that we may provide our products or services or information.
11.3 If any employee of Motivate Canada 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 participant or organization misuses Personal Information - provided for the purpose of providing services to or for Motivate Canada - this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between Motivate Canada and that individual or organization.
12.0 Access
12.1 Motivate Canada permits the reasonable right of access and review of Personal Information held by us about a participant and will endeavour to provide the information in question within a reasonable time, generally no later than 30 days following the request. 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.
12.2 Motivate Canada will provide information from our records in a form that is easy to understand. Motivate Canada reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes to be appropriate.
12.3 Motivate Canada reserves the right to decline to provide access to Personal Information where the information requested:
a) Would disclose
(i) Personal Information, including opinions, about another participant or about a deceased participant; or
(ii) (ii) trade secrets or other business confidential information that may harm Motivate Canada or the competitive position of a third party;
b) Would interfere with contractual or other negotiations of Motivate Canada or a third party;
c) Is subject to solicitor-client or litigation privilege;
d) Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information;
e) Does not exist, is not held, or cannot be found by Motivate Canada;
f) Could reasonably result in
(i) serious harm to the treatment or recovery of the individual concerned;
(ii) serious emotional harm to the participant concerned or another participant; or
(iii) serious bodily harm to another participant;
g) 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
h) May be withheld or is requested to be withheld under applicable legislation.
12.4 Where information will not or cannot be disclosed, the participant making the request will be provided with the reasons for non-disclosure.
12.5 Motivate Canada will not charge a participant for verifying or correcting his/her information, however, to the extent permitted by applicable law, there may be a minimal charge imposed if you need a copy of records.
13.0 www.motivatecanada.ca
13.1 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:
a) Manage our site;
b) Diagnose any technical problems; and
c) Improve the content of our site.
13.2 In browsing the Web, you will encounter a technology known as “Cookies”. Cookies are files or pieces of information that may be stored in a computer’s hard drive when a participant visits a site. Most Internet browsers are initially set to accept cookies. If you do not wish to accept cookies, you can set yours to refuse cookies or to alert you when cookies are being sent. "Session" cookies are temporary bits of information that are erased once a visitor exits its Web browser window or otherwise turns its computer off. Session cookies are used to improve navigation on sites and to collect aggregate statistical information.
13.3 "Persistent" cookies are more permanent bits of information that are placed on the hard drive of a visitor’s computer and stays there unless it is deleted. Persistent cookies store information on a visitor’s computer for a number of purposes, such as retrieving certain information previously provided (e.g., passwords), helping to determine what areas of the Website visitors find most valuable, and customizing the Website based on visitor preferences.
13.4 We do not share Personal Information obtained through cookies with any third parties.
13.5 We have no control over the content of third party Websites that individuals may access through hyperlinks at our Websites. We encourage everyone to read the privacy policy of every Website they visit.
14.0 Children’s Website Privacy Policy
14.1 Motivate Canada recognizes the particular need to provide additional privacy protections for children who visit our site.
14.2 Motivate Canada approaches our communication on the Internet with respect for, and commitment to protecting, the privacy rights, concern, and respect for the different sensibilities of our child participants.
14.3 Motivate Canada collects Personal Information from children (that is, children under 13 years of age) only on a voluntary basis. We do not require this information for children to obtain access, to surf or to view the content on our website. However, in order to participate in certain programs, such as surveys, polls, and the bulletin board, offered on Motivate Canada website, children may have to provide the following personal information: first name, last name, and e-mail address. We will not collect more information than is necessary to participate in such programs.
14.4 We will only use such information for the purposes of administering each such program.
15.0 Compliance and Complaints
15.1 Motivate Canada has appointed a Privacy Officer. The Privacy Officer will promptly review and investigate allegations of this Policy being violated. The review will look at practices and procedures which have occurred and determined the appropriate measures to be taken. Through the Privacy Officer, Motivate Canada will annually review and assess the Company’s compliance with this policy.
15.2 Individuals wishing to contact the Privacy Officer may do so by:
a) Phoning: 613-789-3333 and asking for the Privacy Officer
b) Faxing: 613-789-3331, Attention: Privacy Officer
c) E-Mail: doris@esteemteam.com
16.0 Appendix
a) Summary Statement of Canada’s Personal Information Protection and Electronic Documents Act - http://www.privcom.gc.ca/legislation/02_06_01_e.asp
b) “Opt-out Form”
