Privacy Policy
For not-for-profit organizations in Alberta, the privacy of personal information is governed, federally, by the Personal Information Protection and Electronic Documents Act (PIPEDA) and, provincially, by the Personal Information Privacy Act (PIPA). This Policy is based on the standards required by PIPEDA and PIPA as interpreted by Alberta Artistic Swimming, and adapted for use by Excel Synchro.
Definitions
The following terms have these meanings in this Policy:
a. “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
b. “Stakeholder” – Individuals employed by, or engaged in activities on behalf of, Excel Synchro including: coaches, staff members, contract personnel, volunteers, managers, administrators, committee members, and directors and officers of Excel Synchro
c. “Participants” – All categories of membership defined in the Excel Synchro By-laws as well as all individuals employed by, or engaged in activities with, Excel Synchro including, but not limited to, athletes, coaches, officials, volunteers, administrators, and directors and officers of Excel Synchro
Purpose
Excel Synchro recognizes a Participants’ right to privacy with respect to their Personal Information. This Policy describes the way that Excel Synchro collects, uses, safeguards, discloses, and disposes of Personal Information.
Application of this Policy
This Policy applies to all Stakeholders and Participants.
Obligations
1. Excel Synchro is obligated to follow and abide by PIPEDA and PIPA in all matters involving the collection, use, and disclosure of Personal Information, as interpreted by Alberta Artistic Swimming.
2. In addition to fulfilling the legal obligations required by PIPEDA and PIPA, Stakeholders will not:
a. Publish, communicate, divulge, or disclose to any unauthorized person, firm, corporation, or third party any Personal Information without the express written consent of the Participant
b. Knowingly place themselves in a position where they are under obligation to any organization to disclose Personal Information
c. 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
d. Derive personal benefit from Personal Information that they have acquired during the course of fulfilling their duties with Excel Synchro
e. Accept any gift or favor that could be construed as being given in anticipation of, or in recognition for, the disclosure of Personal Information
Accountability
The 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. The Privacy Officer also handles personal information access requests and complaints.
The Excel Synchro Secretary will act as the Privacy Officer and may be contacted by email, which is listed and updated yearly in the Parent Handbook.
Identifying Purposes
1. Excel Synchro may collect Personal Information from Members and prospective Members for purposes that include, but are not limited to:
a. Sending communications in the form of e-news or a newsletter with content related to Excel Synchro programs, events, fundraising, activities, discipline, appeals, and other pertinent information
b. Publishing articles, media relations and postings on Excel Synchro’s website, Facebook page, displays or posters
c. Media relations
d. Communication within and between Stakeholders and Members
e. Registration of programs, events and activities of Excel Synchro
f. Determination of eligibility, age group and appropriate level of play/competition, and various components of athlete and team selection
g. Outfitting wardrobe, and team suit selection
h. Travel arrangement and administration
i. Medical emergency, emergency contacts or reports relating to medical or emergency issues
j. Determination of membership demographics and program wants and needs
k. Managing insurance claims and insurance investigations
l. Video recording and photography for personal use, and not commercial gain, by spectators, parents and friends
m. Video recording and photography for promotional use, marketing and advertising by Excel Synchro
n. Payroll, honorariums, company insurance and health plans
2. Stakeholders may collect Personal Information from Members and prospective Members for other purposes, provided that documented consent specifying the use of the Personal Information is obtained from the Members or prospective Members.
Consent
1. By providing Personal Information to Excel Synchro, Participants are implying their consent to the use of that Personal Information for the purposes identified in the Identifying Purposes section of this Policy.
2. At the time of the collection of Personal Information and prior to the use or disclosure of the Personal Information, Excel Synchro will obtain consent from Participants by lawful means. Excel Synchro may collect Personal Information without consent when it is reasonable to do so and permitted by law
3. In determining whether to obtain written or implied consent, Excel Synchro will take into account the sensitivity of the Personal Information, as well the Participants’ reasonable expectations. Participants may consent to the collection and specified use of Personal Information in the following ways:
a. Completing and/or signing an application form
b. Checking a checkbox, or selecting an option (such as ‘Yes’ or ‘I agree’)
c. Providing written consent either physically or electronically
d. Consenting orally in person
e. Consenting orally over the phone
4. Excel Synchro will not, as a condition of providing a product or service, require Participants 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.
5. A Participant may withdraw consent in writing, at any time, subject to legal or contractual restrictions. Excel Synchro will inform the Participant of the implications of withdrawing consent.
6. Excel Synchro will not obtain consent from Participants 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.
7. Excel Synchro is not required to obtain consent for the collection of Personal Information, and may use Personal Information without the Participant’s knowledge or consent, only if:
a. It is clearly in the Participant’s interests and the opportunity for obtaining consent is not available in a timely way
b. 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
c. An emergency threatens a Participant’s life, health, or security
d. The information is publicly available as specified in PIPEDA and/or PIPA.
8. Excel Synchro is also not required to obtain consent for the collection of Personal Information if the information is for journalistic, artistic, or literary purposes.
9. In determining whether to obtain written or implied consent, Excel Synchro will take into account the sensitivity of the Personal Information, as well the Participants’ reasonable expectations. Participants may consent to the collection and specified use of Personal Information in the following ways:
a. Completing and/or signing an application form
b. Checking a checkbox, or selecting an option (such as ‘Yes’ or ‘I agree’)
c. Providing written consent either physically or electronically
d. Consenting orally in person
e. Consenting orally over the phone
10. Excel Synchro will not, as a condition of providing a product or service, require Participants 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.
11. A Participant may withdraw consent in writing, at any time, subject to legal or contractual restrictions. Excel Synchro will inform the Participant of the implications of withdrawing consent.
12. Excel Synchro will not obtain consent from Participants 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.
13. Excel Synchro is not required to obtain consent for the collection of Personal Information, and may use Personal Information without the Participant’s knowledge or consent, only if:
a. It is clearly in the Participant’s interests and the opportunity for obtaining consent is not available in a timely way
b. 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
c. An emergency threatens a Participant’s life, health, or security
d. The information is publicly available as specified in PIPEDA and/or PIPA.
14. Excel Synchro is also not required to obtain consent for the collection of Personal Information if the information is for journalistic, artistic, or literary purposes.
15. Excel Synchro may disclose Personal Information without the Participant’s knowledge or consent only:
a. To a lawyer representing Excel Synchro
b. To collect a debt that the Participant owes to Excel Synchro
c. To comply with a subpoena, a warrant, or an order made by a court or other body with appropriate jurisdiction
d. 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
e. To an investigative body named in PIPEDA or PIPA or a government institution, if Alberta Artistic Swimming believes the Personal Information concerns a breach of an agreement, contravenes a federal, provincial, or foreign law, or if Alberta Artistic Swimming suspects the Personal Information relates to national security or the conduct of international affairs
f. 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
g. In an emergency threatening a Participant’s life, health, or security (Excel Synchro will inform the Participant of the disclosure)
h. To an archival institution
i. 20 years after the individual's death or 100 years after the record was created j) If it is publicly available as specified in PIPEDA and/or PIPA
j. If otherwise required by law Accuracy, Retention, and Openness
16. In order to minimize the possibility that inappropriate Personal Information may be used to make a decision about a Participant, Personal Information will be accurate, complete, and as up-to- date as is necessary for the purposes for which it will be used. 20. Personal Information will be retained as long as reasonably necessary to enable participation in Excel Synchro programs, events, and activities, and in order to maintain historical records as may be required by law or by governing organizations.
17. Stakeholders will be made aware of the importance of maintaining the confidentiality of Personal Information and are required to comply with Excel Synchro’s Confidentiality Policy.
18. 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.
19. Personal Information that has been used to make a decision about a Participant 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.
20. Excel Synchro will make the following information available to Participants:
a. This Privacy Policy
b. Any additional documentation that further explains Excel Synchro’s Privacy Policy
c. The name or title, and the address, of the person who is accountable for Excel Synchro’s Privacy Policy
d. The means of gaining access to Personal Information held by Excel Synchro
e. A description of the type of Personal Information held by Excel Synchro, including a general account of its use
f. Identification of any third parties to which Personal Information is made available.
Access
1. Upon a written request, and with assistance from Excel Synchro after confirming the Participant’s identity, Participants may be informed of the existence, use, and disclosure of their Personal Information and will be given access to that Personal Information. Participants 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.
2. Unless there are reasonable grounds to extend the time limit, requested Personal Information will be disclosed to the Participant, at no cost to the Participant, within thirty (30) days of receipt of the written request.
3. Participants may be denied access to their Personal Information if the information:
a. Is prohibitively costly to provide
b. Contains references to other individuals
c. Cannot be disclosed for legal, security, or commercial proprietary purposes
d. Is subject to solicitor-client privilege or litigation privilege
4. If Excel Synchro refuses a request for Personal Information, it shall inform the Participant the reasons for the refusal and identify the associated provisions of PIPEDA and/or PIPA that support the refusal.
Compliance Challenges
1. Participants are able to challenge Excel Synchro for its compliance with this Policy. Compliance challenges shall be addressed under Excel Synchro’s Discipline and Complaints Policy, with the person accountable for Excel Synchro’s Privacy Policy serving as the Respondent. Excel Synchro must:
a. Record the date that the challenge was received
b. Within seven (7) days of receiving the challenge, acknowledge receipt of the challenge and clarify the nature of the challenge by way of telephone conversation
c. Appoint a Case Manager; pursuant to Excel Synchro’s Discipline and Complaints Policy, and who shall follow Excel Synchro’s Discipline and Complaints Policy in order to resolve the challenge
d. Take any relevant steps to rectify the challenge, which may include amending Excel Synchro’s Privacy Policy and/or sanctioning certain Stakeholders (pursuant to the Sanctions section of Excel Synchro’s Discipline and Complaints Policy).
2. Excel Synchro will not dismiss, suspend, demote, discipline, harass, or otherwise disadvantage any Excel Synchro Participant or Stakeholder who:
a. Challenges Excel Synchro for its compliance with this Policy
b. Refuses to contravene this Policy, PIPEDA, or PIPA
c. Takes precautions not to contravene this Policy, PIPEDA, or PIPA; even though said precautions may be in opposition to the regular duties performed by the Participant or Stakeholder.
Website Copyright and Legal Disclaimer
1. The website (address below) is created and controlled by Excel Synchro in the province of Alberta and as such, the laws of the province of Alberta will govern these disclaimers, terms, and conditions.
2. This website is a product of Excel Synchro. The information on this website is provided as a resource to those interested in Excel Synchro. Excel Synchro disclaims any representation or warranty, express, or implied, concerning the accuracy, completeness, or fitness for a particular purpose of the information. Persons accessing this information assume full responsibility for the use of the information and understand and agree that Excel Synchro is not responsible or liable for any claim, loss, or damage arising from the use of this information. Reference to specific products, processes, or services does not constitute or imply recommendation or endorsement by Excel Synchro. Excel Synchro reserves the right to make changes to this website at any time without notice.
3. Links made available through this website may allow you to leave Excel Synchro’s site. Please be aware that the internet sites available through these links are not under the control of Excel Synchro. Therefore, Excel Synchro does not make any representation to you about these sites or the materials available there. Excel Synchro is providing these links only as a convenience to you, and in no way guarantees these links and the material available there. Excel Synchro is not responsible for privacy practices employed by other companies or websites.