NOTE: A PDF version of this document is available. In the case of any disagreement between this version and the PDF, the PDF will be considered authoritative.
TORONTO ULTIMATE CLUB (TUC)
Date First Passed: May 22, 2019
By Which Body: TUC Board of Directors
Review Period: 2 years
Review Body: TUC Governance Committee
Date of Last Review: July 14, 2019
File Location: TUC File Storage / Board and Committees / TUC Governance
- Different privacy legislation applies to the public sector and to the private sector. Sport organizations in Canada are considered to be part of the private sector. The Personal Information Protection and Electronic Documents Act (PIPEDA) is the federal privacy legislation that applies to all sport organizations in Canada.
- PIPEDA applies to TUC’s use of Personal Information for Commercial Activity.
- The following terms have these meanings in this Policy:
- “Commercial Activity” – any particular transaction, act or conduct that is of a commercial character.
- “Personal Information” – any information about an individual that relates to the person’s personal characteristics including, but not limited to: gender, age, income, home address, home phone number, ethnic background, family status, health history, and health conditions
- “TUC Representatives” – Individuals employed by, or engaged in activities on behalf of TUC including: coaches, staff members, contract personnel, volunteers, managers, administrators, and Directors and Officers of TUC
- “Individuals” - All categories of participant, as well as all individuals employed by, or engaged in activities with TUC including, but not limited to, athletes, volunteers, managers, administrators, and Directors and Officers of TUC
- TUC recognizes Individuals’ right to privacy with respect to their Personal Information. This Policy describes the way that TUC collects, uses, safeguards, and discloses Personal Information.
Application of this Policy
- This Policy applies to all TUC Representatives and Individuals in connection with personal information that is collected, used or disclosed during TUC’s Commercial Activity and Non-Commercial activity.
- Except as provided in PIPEDA, TUC will have the authority to interpret any provision of this Policy that is contradictory, ambiguous, or unclear.
- TUC is obligated to:
- Follow and abide by PIPEDA in all matters involving the collection, use, and disclosure of Personal Information during TUC’s Commercial Activity;
- Always disclose what Personal Information is being collected from Individuals and for what purpose the Personal Information is being collected. TUC will not require the collection of any Personal Information if the purpose for its collection is not identified.
- In addition to fulfilling the legal obligations required by PIPEDA, TUC Representatives will not:
- Publish, communicate, divulge, or disclose to any unauthorized person, firm, corporation, or third party any Personal Information without the express written consent of the Individual
- Knowingly place themselves in a position where they are under obligation to any organization to disclose Personal Information
- 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
- Derive personal benefit from Personal Information that they have acquired during the course of fulfilling their duties with TUC
- Accept any gift or favour that could be construed as being given in anticipation of, or in recognition for, the disclosure of Personal Information
- TUC’s Privacy Officer is responsible for the implementation of this policy and monitoring information collection and data security, and ensuring that all staff receives appropriate training on privacy issues and their responsibilities. TUC’s Privacy Officer also handles personal information access requests and complaints. TUC’s Privacy Officer may be contacted as follows:
- Duties - The Privacy Officer will:
- Implement procedures to protect personal information
- Establish procedures to receive and respond to complaints and inquiries
- Record all roles within TUC requiring access to personal information and a list of individuals occupying those roles.
- Ensure any third party providers abide by this Policy
- Train staff and communicate information to them about TUC’s privacy policies and practices.
Information Collection Purposes
- TUC may collect Personal Information from Individuals for purposes that may include any of the following:
- Sending communications in the form of e-news or a newsletter with content related to TUC’s programs, events, fundraising, activities, discipline, appeals, and other pertinent information
- Publishing articles, media relations and postings on TUC’s website, displays or posters
- Award nominations, biographies, and media relations
- Communication within and between TUC Representatives and Individuals
- Discipline results and long term suspension list
- Checking residency status
- Informing governing bodies (e.g., Provincial Sport Organizations (PSOs), National Sport Organizations (NSOs)) of Individuals’ registration and/or participation with TUC
- Informing government funders the number and demographic profile of registered Individuals
Registration, Database Entry and Monitoring
- Registration of programs, events and activities
- Database entry at the Coaching Association of Canada and to determine level of coaching certification, coaching qualifications, and coach selection.
- Database entry to determine level of officiating certification and qualifications
- Determination of eligibility, age group and appropriate level of play/competition
- Athlete Registration, outfitting uniforms, and various components of athlete and team selection
- Technical monitoring, officials training, educational purposes, sport promotion, and media publications
- Travel arrangement and administration
- Implementation of TUC’s screening program
- Medical emergency, emergency contacts or reports relating to medical or emergency issues
- Determination of membership demographics and program wants and needs
- Managing insurance claims and insurance investigations
- Video recording and photography for personal use, and not commercial gain, by spectators, parents and friends
- Payroll, honorariums, company insurance and health plans
Sales, Promotions and Merchandising
- Purchasing equipment, coaching manuals, resources and other products
- Promotion and sale of merchandise
- Video recording and photography for promotional use, marketing and advertising by TUC
- TUC Representatives may collect Personal Information from Individuals for other purposes, provided that documented consent specifying the use of the Personal Information is obtained from the Individuals.
- By providing Personal Information to TUC, Individuals are implying their consent to the use of that Personal Information for the purposes identified in the Information Collection Purposes section of this Policy.
- At the time of the collection of Personal Information and prior to the use or disclosure of the Personal Information, TUC will obtain consent from Individuals by lawful means. TUC may collect Personal Information without consent when it is reasonable to do so and permitted by law.
- In determining whether to obtain written or implied consent, TUC will take into account the sensitivity of the Personal Information, as well the Individuals’ reasonable expectations. Individuals may consent to the collection and specified use of Personal Information in the following ways:
- Completing and/or signing an application or registration form (see Appendix A)
- Checking a check box, or selecting an option (such as ‘Yes’ or ‘I agree’)
- Providing written consent either physically or electronically
- Consenting orally in person
- Consenting orally over the phone
- TUC will not, as a condition of providing a product or service, require Individuals 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.
- An Individual may withdraw consent in writing, at any time, subject to legal or contractual restrictions. TUC will inform the Individual of the implications of withdrawing consent.
- TUC will not obtain consent from Individuals 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.
- TUC is not required to obtain consent for the collection of Personal Information, and may use Personal Information without the Individual’s knowledge or consent, only if:
- It is clearly in the Individual’s interests and the opportunity for obtaining consent is not available in a timely way
- 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
- An emergency threatens a Individual’s life, health, or security
- The information is publicly available as specified in PIPEDA
- TUC is also not required to obtain consent for the collection of Personal Information if the information is for journalistic, artistic, or literary purposes.
- TUC may disclose Personal Information without the Individual’s knowledge or consent only:
- To a lawyer representing TUC
- To collect a debt that the Individual owes to TUC
- To comply with a subpoena, a warrant, or an order made by a court or other body with appropriate jurisdiction
- 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
- To an investigative body named in PIPEDA or a government institution, if TUC believes the Personal Information concerns a breach of an agreement, contravenes a federal, provincial, or foreign law, or if TUC suspects the Personal Information relates to national security or the conduct of international affairs
- 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
- In an emergency threatening an Individual’s life, health, or security (TUC will inform the Individual of the disclosure)
- To an archival institution
- 20 years after the individual's death or 100 years after the record was created
- If it is publicly available as specified in PIPEDA
- If otherwise required by law
Accuracy, Retention, and Openness
- 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.
- Personal Information will be retained as long as reasonably necessary to enable participation in TUC programs, events, and activities, and in order to maintain historical records as may be required by law or by governing organizations.
- TUC Representatives will be made aware of the importance of maintaining the confidentiality of Personal Information and are required to comply with TUC’s Confidentiality Policy.
- 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.
- Personal Information that has been used to make a decision about an Individual 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.
- TUC will make the following information available to Individuals:
- The means of gaining access to Personal Information held by TUC
- A description of the type of Personal Information held by TUC, including a general account of its use
- Identification of any third parties to which Personal Information is made available
- Upon written request, and with assistance from TUC after confirming the Individual’s identity, Individuals may be informed of the existence, use, and disclosure of their Personal Information and will be given access to that Personal Information. Individuals 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.
- Unless there are reasonable grounds to extend the time limit, requested Personal Information will be disclosed to the Individual, at no cost to the Individual, within thirty (30) days of receipt of the written request.
- Individuals may be denied access to their Personal Information if the information:
- Is prohibitively costly to provide
- Contains references to other individuals
- Cannot be disclosed for legal, security, or commercial proprietary purposes
- Is subject to solicitor-client privilege or litigation privilege
- If TUC refuses a request for Personal Information, it shall inform the Individual the reasons for the refusal and identify the associated provisions of PIPEDA that support the refusal.
- Individuals are able to challenge TUC for its compliance with this Policy.
- Upon receipt of a complaint, TUC will:
- Record the date the complaint is received
- Notify the Privacy Officer who will serve in a neutral, unbiased capacity to resolve the complaint;
- 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
- Appoint an investigator using TUC’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 files and personnel
- Upon completion of the investigation and within thirty (30) days of receipt of the complaint, the investigator will submit a written report to TUC
- Notify the complainant the outcome of the investigation and any relevant steps taken to rectify the complaint, including any amendments to policies and procedures
- TUC will not dismiss, suspend, demote, discipline, harass, or otherwise disadvantage any TUC Individual or Representative who:
- Challenges TUC for its compliance with this Policy
- Refuses to contravene this Policy or PIPEDA
- Takes precautions not to contravene this Policy or PIPEDA; even though said precautions may be in opposition to the regular duties performed by the Individual
Appendix A – Consent
TUC will include the following paragraph (or a variation) whenever Personal Information is being collected from Individuals:
- Distribute my information - name and age classification - to Ontario Ultimate and Ultimate Canada
- Provide my contact information (phone numbers and email) to select individuals (e.g. my captains) to facilitate team communication.
- I understand that I may withdraw such consent at any time by contacting TUC’s Privacy Officer. The Privacy Officer will advise of the implications of such withdrawal.