Article 1 – General
1.1 Purpose – The purpose of this policy is to govern the collection, retention, use, safeguard, disposal and disclosure of personal information in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need of the Winnipeg Rowing Club Inc. (“WRC”) to collect, use or disclose personal information.
1.2 Definitions – Throughout this Privacy Policy, the following terms shall have the following meanings:
(a) “Act” shall mean the Personal Information Protection and Electronic Documents Act;
(b) “Personal Information” shall mean any information about an identifiable individual, but does not include the name, title, business address or telephone number of an employee of the WRC; and
(c) “Representatives” shall mean directors, officers, employees, committee members, volunteers, coaches, contractors and other decision-makers within the WRC.
1.3 Ruling on Policy – Except as provided in the Act, the board of directors of the WRC will have the authority to interpret any provision of this Privacy Policy that is contradictory, ambiguous or unclear.
Article 2 – Accountability
2.1 Privacy Officer – The WRC Board will designate an individual (the “Privacy Officer”, privacy.officer@winnipegrowingclub.ca) to perform the duties set forth in Section 2.2 hereof, whose identity and contact information will be posted on the WRC website and will be publicly accessible.
2.2 Duties – The Privacy Officer will:
(a) implement and monitor this Privacy Policy;
(b) establish and implement procedures to collect, monitor and protect Personal Information, including that which may be obtained from a third party;
(c) train staff and communicate to staff information about the Privacy Policy and related procedures, including the importance of maintaining the confidentiality of Personal Information; and
(d) respond to all access requests and inquiries in regard to Personal Information in accordance with the Privacy Policy.
2.3 Information – This Privacy Policy and any written procedures related thereto will be posted on the WRC website and will be publicly accessible.
2.4 Annual Review – This Privacy Policy will be reviewed annually by the WRC Board and the Privacy Officer, and necessary changes will be made to ensure the protection of Personal Information and compliance with the Act.
2.5 Third Parties – Personal Information collected by a third party or affiliate shall be governed by the third party’s Privacy Policy.
Article 3 – Purpose
3.1 Collection – Information will be collected by fair and lawful means. The WRC will only collect information reasonably necessary for the identified purposes set forth in Section 3.2 hereof. If the information required by the WRC is not provided, the services, programming and opportunities available from the WRC may be limited or cut off.
3.2 Purpose – Personal Information may be collected from prospective members, members, non-member participants, coaches, umpires, managers, and volunteers (“Individuals”) and may be used by Representatives for purposes that include, but are not limited to, the following:
(a) name, address, phone number, and e-mail address for the purpose of communicating about the WRC’s programs, events, activities and promotional opportunities;
(b) National Coaching Certification Program (“NCCP”) number, education, resumes and experience for database entry at the Coaching Association of Canada to determine level of certification and coaching qualifications;
(c) date of birth, gender, MRA / RCA registration number, athlete biography and member’s club for regatta entries, media releases and to determine age group;
(d) banking information, social insurance number, criminal records check, resume and beneficiaries for WRC’s payroll
(e) personal health information including provincial health card numbers, allergies, emergency contact and past medical history for use in the case of medical emergency;
(f) athlete information including height, weight, ergometer scores, dietary supplements taken, uniform size, shoe size, feedback from coaches and trainers, performance results, biography information and MRA / RCA registration number for required National Trials registrations forms and Provincial Team trials;
(g) athlete whereabouts information including sport / discipline, training times and venues, training camp dates and locations, travel plans, competition schedule, and disability, if applicable, for Canadian Centre for Ethics in Sport inquiries for the purpose of out-of-competition doping testing;
(h) body weight, body mass and body fat index to monitor physical response to training and maintain an appropriate weight for competition;
(i) marketing information including attitudinal and demographic data on individual members to determine membership demographic structure, and program wants and needs;
(j) passport numbers and expiry dates and frequent flyer numbers for travel purposes;
(k) potential and actual insurance claims; and
(l) parental / guardian information including, but not limited to, contact information for minors.
Article 4 – Consent
4.1 Consent – The WRC will obtain consent from individuals for the collection, use and disclosure of Personal Information at the time of collection of the Personal Information, via the signing of the WRC Membership form. If consent to the collection, use or disclosure was not obtained at the time of collection of the Personal Information, consent will be obtained prior to the use or disclosure of the Personal Information.
4.2 Lawful Means – Consent may not be obtained by deception.
4.3 Requirement – The WRC will not, as a condition of a product or service, require an individual to consent to the collection, use or disclosure of Personal Information beyond that required to fulfill the specified purpose.
4.4 Withdrawal – An individual may withdraw consent to the collection, use or disclosure of Personal Information at any time, subject to legal or contractual restrictions, provided the individual gives one week’s notice of such withdrawal. Outside this time period, the Privacy Officer will do his or her best to accommodate the request in a timely fashion. The Privacy Officer will inform the individual of the implications of such withdrawal.
4.5 Legal Guardians – Consent may not be obtained from an individual who is a minor, 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 – The WRC is not required to obtain consent for the collection of Personal Information if:
(a) the collection is clearly in the individual’s interests and consent is not available in a timely way;
(b) knowledge and consent of the individual would compromise the availability or accuracy of the information and collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of federal, provincial or municipal laws;
(c) the collection is solely for journalistic, artistic or literary purposes;
(d) the information is publicly available, as specified in the Act;
(e) the collection is made for the purpose of making a disclosure that is required by law.
4.7 Exceptions for Use – The WRC may use Personal Information without the individual’s knowledge or consent only if:
(a) the WRC has reasonable grounds to believe the information could be useful in the investigation of a breach of an agreement or a contravention of a federal, provincial or municipal law that has been, is being or is about to be committed, and the information is used for that investigation;
(b) an emergency occurs that threatens an individual’s life, health or security;
(c) the information is publicly available, as specified in the Act.
4.8 Exceptions for Disclosure – The WRC may disclose Personal Information without the individual’s knowledge or consent only:
(a) to a lawyer representing the WRC;
(b) to collect a debt the individual owes to the WRC;
(c) to comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction to compel the production of information;
(d) to a government institution that has requested the information, identified its lawful authority to obtain the information, and indicated that disclosure is for the purpose of enforcing, carrying out an investigation, or gathering intelligence related to any federal, provincial or municipal 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, provincial or municipal law;
(e) to an investigative body for the purposes related to a breach of an agreement or a contravention of federal, provincial or municipal laws;
(f) in an emergency that threatens an individual’s life, health or security (the WRC must inform the individual of the disclosure);
(g) to an archival institution;
(h) twenty years after the individual’s death or one hundred years after the record was created;
(i) if the information is publicly available, as specified in the Act; (j) if otherwise required by law.
Article 5 – Limiting Use, Disclosure and Retention
5.1 Limiting Use – Personal Information will not be used or disclosed for purposes other than those for which it was collected as described in Section 3.2, except with the consent of the individual or as required by law.
5.2 Retention Periods – Personal Information will be retained for certain periods of time in accordance with the following:
(a) registration data and athlete information will be retained for a period of three years after an individual has left the program, in the event that the individual chooses to return to the program;
(b) parental / guardian information will be retained for a period of three years after an individual has left the program, in the event that the individual chooses to return to the program;
(c) information collected by coaches will be retained for a period of three years after an individual has left the program, in the event that the individual chooses to return to the program, and in order to communicate program and conference dates;
(d) employee information will be retained for a period of seven years in accordance with Canada Revenue Agency requirements;
(e) personal health information will be immediately destroyed at the time the individual leaves the program;
(f) marketing information will be immediately destroyed upon compilation and analysis of collected information;
(g) as otherwise may be stipulated in federal or provincial legislation.
5.3 Destruction of Information – Documents will be destroyed by way of shredding and electronic files will be deleted in their entirety. When hardware is discarded, the WRC will ensure that the hard drive is physically destroyed.
5.4 Exception – Personal Information that is used to make a decision about an individual will be maintained for a minimum of one year to allow the individual access to the information after the decision has been made.
Article 6 – Accuracy
6.1 Accuracy – Personal Information will be accurate, complete and up-to-date as is necessary for the purpose for which it is to be used to minimize the possibility that inappropriate information may be used to make a decision about the individual.
6.2 Update – Personal Information will only be updated if it is necessary to fulfill the purpose for which the Personal Information was collected, unless the Personal Information is used on an ongoing basis.
6.3 Third Parties – Personal Information disclosed to a third party will be accurate and up-to-date. A contract made with a third party having access to Personal Information held by the WRC will include a clause that ensures the third party does not breach this Privacy Policy.
Article 7 – Individual Access
7.1 Individual Access – Upon written request, 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. The WRC may request sufficient information to confirm the individual’s identity before releasing or confirming that it holds Personal Information. Upon written request, such individual is also entitled to be informed of the source of the Personal Information, along with an account of third parties to whom the Personal Information has been disclosed. The WRC shall endeavor to provide this information within 30 days of receipt of the request and may charge nominal fees for the purpose of off-setting its expenses incurred in supplying the requested information.
7.2 Contents of Refusal – If the WRC determines that the disclosure of Personal Information should be refused, the WRC must inform an individual of the following:
(a) the reasons for the refusal and the provisions of the Act on which the refusal is based;
(b) the name, business address and business telephone number of the Privacy Officer who can answer the individual’s questions;
(c) that the individual may ask for a review within thirty days of being notified of the refusal.
7.3 Amendment – An individual may challenge the accuracy and completeness of his or her Personal Information and have it amended as appropriate; the amended information will be transmitted to third parties as may be required in due course. An unresolved complaint from an individual with regard to the accuracy of his or her Personal Information will be recorded and transmitted to any third parties having access to the Personal Information in question.
Article 8 – Challenging Compliance
8.1 Challenges – An individual may challenge compliance with this Privacy Policy and the Act by submitting a challenge in writing to the Privacy Officer.
8.2 Procedures – Upon receipt of a written challenge, the Privacy Officer will:
(a) record the date the challenge is received;
(b) acknowledge receipt of the challenge and clarify the nature of the challenge by way of telephone conversation within five business days of receipt of the challenge;
(c) appoint an investigator using WRC personnel or an independent investigator, who will have the skills necessary to conduct a fair and impartial investigation and who will have unfettered access to all files and personnel within ten days of receipt of the challenge, which investigator shall complete the investigation and submit a written report to the WRC within twenty-five days of receipt of the challenge;
(d) notify the complainant of the outcome of the investigation and any relevant steps taken to rectify the challenge, including any amendments that have been or will be made to policies and procedures, within thirty days of receipt of the challenge.
Winnipeg Rowing Club 