Privacy Policy

OKANAGAN HOCKEY COMMUNITY FOUNDATION

PERSONAL INFORMATION AND PRIVACY POLICY

Last Amended March 26, 2017

 

Okanagan Hockey Community Foundation Personal Information and Privacy Policy

The mission of the Okanagan Hockey Community Foundation (“OHCF”) is to support and encourage male and female student athletes in the pursuit of academic and hockey excellence and the promotion of good citizenship and community involvement (the “Mission”).  OHCF recognizes the value of its relationships with applicants, applicants’ parents and/or guardians, billet families, hockey camp administrators and staff, coaches, donors and potential donors, board members and potential board members, volunteers, employees, education administrators, corporate partners and potential corporate partners, Okanagan Hockey Association students and alumni, and others who contact the OHCF or visit its website, YouTube page, or its other forms of social media (referenced individually as “you”).

OHCF respects your privacy. OHCF protects your personal information and adheres to all legislative requirements with respect to protecting privacy. The personally identifiable information that OHCF may collect from you is used to facilitate the delivery of products, services, and/or opportunities related to the Mission (collectively, the “Services”).  In order to offer the Services, OHCF may collect, use and disclose personal information from and about you.  This page states the Personal Information and Privacy Policy by which OHCF and you abide (“Privacy Policy”).

This Privacy Policy covers:

  • the information collected by OHCF;
  • how OHCF collects, retains, uses, discloses, destroys and protects your personal information;
  • certain of your options and obligations as a user of the Services;
  • your requests to access or correct your personal information; and
  • how to contact OHCF.

By providing personal information while dealing with OHCF, you consent to the collection, retention, use, disclosure, destruction and protection of all personal information in accordance with the terms set out in this Privacy Policy.

Should you have questions regarding this Privacy Policy or our privacy practices, please contact our Privacy Officer using the contact information provided at the end of this Privacy Policy.

Compliance with Legislation

OHCF is compliant with the federal Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (“PIPEDA”), Canada’s anti-spam legislation, SC 2010, c 23 (“CASL”), and other legislation which may apply from time-to-time, which are designed to protect your personal information and privacy. OHCF has based this Privacy Policy primarily on the principles set out in PIPEDA.

Our Commitment to Privacy

OHCF is committed to protecting your personal information and privacy and considers matters relating to the protection of your personal information and privacy to be of the utmost importance. OHCF adheres to the following principles to protect your privacy:

  • OHCF does not sell, rent, loan, trade, lease, transfer or otherwise disclose your personal information to third parties, except as otherwise provided in this Privacy Policy or as permitted or required by law.
  • OHCF does not share any information which you have not agreed to disclose, unless required by law or as necessary to enforce OHCF’s terms of use or to protect the rights, property or personal safety of the OHCF, its members and the public.
  • All information which you provide to OHCF will be protected with industry-standard protocols and technology.

Definitions

Unless otherwise provided in this Privacy Policy, the terms used herein shall be defined as in PIPEDA. In this Privacy Policy, the following term has the following meaning:

  • personal information” means information about an identifiable individual.  Personal information does not include information that cannot be attributed to an identifiable individual, such as information of an aggregate or anonymous nature.

Changes to this Privacy Policy

OHCF may amend this Privacy Policy at any time by posting a new privacy policy on its website in place of this one. The date on which the Privacy Policy was last amended is indicated at the start of this Privacy Policy. The amended Privacy Policy shall automatically be effective when posted. Amendments may include, without limitation, additions, deletions or modifications to this Privacy Policy.

OHCF will post notice that the Privacy Policy has been amended on the fronting webpage for a period of 30 days. You are advised to check for such notices and to review the Privacy Policy each time you use the Services or the Platform in order to ensure that you are aware of any amendments and that they are acceptable to you.

Your continued use of the Services following the posting of an amended Privacy Policy and the related notice means that you accept the terms of this Privacy Policy as amended. If you do not agree with any of the terms or conditions in the amended Privacy Policy, then you agree to immediately cease all use of the Services, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Privacy Policy. This Privacy Policy may not otherwise be amended.

Personal Information Aggregated or Made Anonymous

To the extent that OHCF makes any of your personal information anonymous or aggregates it with the personal information of others such that it can no longer be attributed to you, your information will no longer be considered to be personal information and OHCF is entitled to use, retain, disclose and destroy such information in its absolute discretion.

Choosing to Provide Personal Information

When using the Services and dealing with OHCF, you may choose not to provide certain personal information. If you choose not to provide all information reasonably requested, it may limit the manner in which you can make use of the Services and otherwise interact with OHCF, or you may not be able to use the Services or to interact with OHCF at all.

Consent

By using the Services, you provide implied consent to the collection, retention, use, disclosure, destruction and protection of all personal information by OHCF in accordance with the terms of this Privacy Policy. Your implied consent may be obtained through amendments to this Privacy Policy, as provided above.

OHCF will obtain your express consent prior to or when collecting, using or disclosing any personal information for a purpose that is not described in this Privacy Policy, or for a purpose that OHCF did not identify to you or that was not reasonably expected at the time of collection, unless OHCF is required or authorized by law not to obtain your consent.

You agree to allow OHCF, in its sole discretion, to transfer any personal information to third parties for processing. You understand that these third parties are not related to OHCF and are not governed by this Privacy Policy.

You agree to share all personal information reasonably necessary to permit OHCF or any other entity authorized to carry out an investigation or review.

In certain circumstances, without limiting the foregoing provisions, including but not limited to when dealing with certain legal or security issues, OHCF may be authorised or required by law to disclose your personal information without seeking or obtaining your knowledge or consent.

Consent via Opt-In or Opt-Out in Certain Circumstances

OHCF may, from time to time, provide you with a reasonable opportunity to opt-out of certain collections, uses and disclosures of your personal information, unless otherwise provided for in this Privacy Policy. You implicitly consent to a particular collection, use or disclosure of personal information if you fail to indicate within a reasonable time that you wish to opt out of the particular collection, use or disclosure when you are given a reasonable opportunity to do so.

OHCF also may, from time to time, provide you with a reasonable opportunity to opt-in to certain collections, uses and disclosures of your personal information.  If you do not opt-in to a particular collection, use or disclosure of personal information when given a reasonably opportunity to do so, you do not consent to personal information being collected, used or disclosed in that particular manner.

Where OHCF provides an opt-in or opt-out opportunity, OHCF will use the opt-out method when the particular collection, use or disclosure does not pertain to sensitive information or would be reasonably expected by the user of the Services. OHCF will use the opt-in method in other circumstances.

Changing or Withdrawing Consent

You may change or withdraw consent with respect to the collection, retention, use, disclosure, destruction and protection of personal information in accordance with this Privacy Policy at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Officer using the contact information provided at the end of this Privacy Policy and by providing OHCF with sufficient personal identifiers so that OHCF can act effectively on the request.

If you withdraw certain consents reasonably requested and necessary to make use of the Services or to otherwise interact with OHCF, it may limit the manner in which you can make use of the Services and otherwise interact with OHCF or you may not be able to use the Services or interact with OHCF at all.

Your ability to change or withdraw consent is not absolute. OHCF reserves the right to continue handling personal information in those circumstances required or permitted by law despite a change or withdrawal of consent.

Any change to or withdrawal of consent will not apply retroactively.

Collection of Personal Information

Most of the personal information that OHCF collects will be collected directly from you by OHCF. Except as otherwise provided in this Privacy Policy, OHCF will obtain your consent to collect personal information and will inform you at that time of the uses and disclosures that OHCF intends to make of your personal information, unless the intended uses and disclosures are described in the Privacy Policy or are reasonably expected at the time that OHCF collects your personal information.

In some instances, OHCF may collect personal information about you directly from a third party, which you provide ongoing consent for.

Use of Personal Information

When OHCF uses your personal information, it will ensure that you previously provided consent to the intended use or it will obtain your consent prior to using your personal information in that particular manner, unless the intended use is described in this Privacy Policy, was identified to you or was reasonably expected at the time that OHCF collected your personal information, or is permitted or required by law without your consent.

The following are particular circumstances in which OHCF may use your personal information without obtaining your further consent.  By providing personal information to OHCF, you consent to the following uses:

  • using identification information and contact information, such as your name, address and e-mail address, to provide you with information about OHCF;
  • using identification information and contact information, such as your name, address and e-mail address, so that OHCF can identify you and deliver the Services that you request and to communicate with you regarding those Services;
  • using payment method preferences and related financial information that you provide to OHCF so that OHCF can obtain payment for the Services;
  • using customer relationship information such as your service requests, instructions, comments and feedback to assist OHCF in delivering the Services in accordance with your preferences;
  • using personal information for the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose;
  • using your e-mail address to provide you with information about new features or enhancements to the Services;
  • analyzing your personal information to assist OHCF in developing and enhancing the Services; and
  • analyzing your personal information to assist OHCF in conducting market analysis and strategic planning.

Disclosure of Personal Information

When OHCF discloses your personal information, it will ensure that you previously provided consent to the intended disclosure or it will obtain your consent prior to disclosing your personal information in that particular manner, unless the intended disclosure is described in this Privacy Policy, was identified to you or was reasonably expected at the time that OHCF collected your personal information, or is permitted or required by law without your consent.

The following are particular circumstances in which OHCF may disclose your personal information without obtaining your further consent. By providing your personal information to OHCF, you consent to the following disclosures:

  • where the disclosure is set out in the related documentation for the Services or is reasonably expected through the provision of the Services;
  • where disclosure is necessary to enable staff, employees, agents, contractors, suppliers, affiliates or partners of OHCF to provide a product or service to OHCF or to you and to perform a function on behalf of OHCF. OHCF will act in a reasonable manner, including by contractual or other means, to ensure that these individuals or entities collect, use and disclose your personal information only as necessary to provide the product or service or to perform the function, adhere to this Privacy Policy or to their own comparable privacy policy, and comply with applicable  privacy legislation with respect to your personal information, but OHCF cannot guarantee these individuals’ or entities’ compliance;
  • where OHCF is under a duty to disclose your personal information in order to comply with any applicable legal obligation, legal or regulatory process  or an order or request of a government institution, investigative body, regulatory body or judicial authority of competent jurisdiction;
  • where OHCF believes in good faith that disclosure is necessary:
    • to investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies or investigative bodies in that regard;
    • to enforce agreements to which OHCF is a party;
    • to investigate and defend OHCF against any third party claims or allegations;
    • to protect the security or integrity of the Services;  and/or
    • to exercise or protect the rights, property or personal safety of OHCF, its users, employees, or others;
  • where OHCF transfers or is considering transferring control of any or all of its assets, operations or services, including its rights and obligations relating to the Services, to a third party. The third party may continue to retain and use the personal information which you provided to OHCF. OHCF will act in a reasonable manner, including by contractual or other means, to ensure that the third party agrees to similarly be bound by this Privacy Policy and to similarly comply with applicable privacy legislation with respect to your personal information, but OHCF cannot guarantee the third party’s compliance;
  • where OHCF amalgamates with a third party, the amalgamated entity may continue to use and disclose your personal information. OHCF will act in a reasonable manner, including by contractual or other means, to ensure that the amalgamated entity agrees to similarly be bound by this Privacy Policy and to similarly comply with applicable privacy legislation with respect to your personal information, but OHCF cannot guarantee the amalgamated entity’s compliance; and
  • where OHCF works with one or more organizations towards a common purpose consistent with the objectives of OHCF, OHCF will act in a reasonable manner to request that these organizations collect, use and disclose your personal information only as necessary for the common purpose, adhere to this Privacy Policy or to their own comparable privacy policy, and comply with applicable privacy legislation with respect to your personal information, but OHCF cannot guarantee these organizations’ compliance.

Use of the Services

In order to use the Services, OHCF may require that you provide personal information to OHCF and consent to OHCF collecting personal information about you from third parties. You may revoke consent to the use and disclosure of personal information by OHCF in writing.  Please note that OHCF will not inform you in advance of any disclosure to third parties. If you would like to be notified in advance of any disclosure to third parties, you will need to advise OHCF in writing. By revoking consent to any other disclosure required for the Services, you may no longer be able to use the Services.

OHCF web servers collect the domain names, IP addresses and the activity of visitors.  This information is aggregated for the purposes of measuring the number of visits, average time spent on the website, pages viewed, and other similar purposes. OHCF uses this information to measure the use of the website and to improve the content of the website.

Cookies

Cookies may be used on certain pages of the website.  A “cookie” is small piece of data that resides on a computer, smart phone, tablet or other device that is used to access the Internet. It is sent by a website to be stored on a visitor’s Internet browser so that it can be recognized by the website to identify the visitor on subsequent visits to the website from the same device and Internet browser. OHCF may use cookies to track visitors’ usage of the website and to provide visitors with tailored information and services on the website based on their previous visits. Cookies do not enable OHCF to identify the visitor unless that visitor has previously provided personal information during a visit.

Cookies can generally be turned off in an Internet browser. Because each Internet browser is different, users of the website should check the “help” menu of their browsers to learn how to change their cookie preferences.

Other Collection, Use and Disclosure of Personal Information

OHCF also reserves the right to collect, use and disclose your personal information without your knowledge or consent where permitted or required by law.

Accuracy and Completeness of Personal Information

When OHCF collects, uses or discloses personal information, it will make a reasonable effort to ensure that the personal information is accurate, up-to-date, and complete to the extent that is reasonable for OHCF’s purposes in collecting, using or disclosing the information. To do so, it may be necessary for OHCF to request additional information from you or have you verify personal information. Should your personal information change, please inform OHCF of the change(s) so that the personal information in OHCF’s possession remains accurate and complete.

Retention and Destruction of Personal Information

OHCF may retain your personal information for as long as it reasonably requires the personal information for the purposes for which it was collected or for legal or business purposes. There are legally required minimum retention periods which OHCF must and does observe. OHCF will retain your information for as long as reasonably necessary to comply with its legal obligations, to resolve disputes, and to enforce this Privacy Policy and any terms of use.

Within a reasonable time period after OHCF no longer reasonably requires your personal information for the purposes for which it was collected or for legal or business purposes, OHCF either will destroy the records under its custody or control containing your personal information or it will render your personal information anonymous so that it can no longer be used to identify you.

Security of Personal Information

OHCF recognizes its obligation to protect personal information that is in its custody or under its control by implementing reasonable security safeguards to keep confidential and secure your personal information against risks such as loss, theft, and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. These reasonable safeguards may vary depending on the circumstances, including the level of sensitivity of the personal information, and may include restricting access to authorized individuals on a need-to-know basis, locked doors and/or filing cabinets, other organizational, physical or technological security measures, and contractual measures such as non-disclosure or confidentiality agreements.

As previously described in this Privacy Policy, OHCF will act in a reasonable manner, including by contractual or other means, to require third parties to whom OHCF discloses your personal information in accordance with this Privacy Policy or as required or permitted by law to similarly safeguard your personal information by abiding by this Privacy Policy or their own comparable privacy policies and by complying with applicable privacy legislation with respect to your personal information. However, OHCF cannot guarantee such compliance by third parties.

Requests for Access to Personal Information

Requests for Personal Information

On your written request, and taking into consideration what is reasonable, OHCF will provide you, not later than 30 days from OHCF’s receipt of your request, or such additional time as permitted or required by law, with:

  • access to your personal information (if any) under our custody or control;
  • information about the purposes for which your personal information (if any) under our custody or control has been and is being used by us; and
  • the names of persons to whom, and the circumstances in which, your personal information (if any) has been and is being disclosed by us.

If you request a copy of your personal information and the information can reasonably be reproduced, OHCF will provide you with a copy of the record or the part of the record containing the requested information or, if applicable, it will give you reasons for any delay in providing a copy of the requested information or record.

If you request to examine the record containing your personal information or if the requested record cannot reasonably be reproduced, OHCF will permit you to examine or access the record or part of the record in accordance with this Privacy Policy.

All requests may be subject to reasonable fees and disbursements. Where appropriate, OHCF may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.

Requests to Access Personal Information must be in Writing

OHCF requires that all requests for access to personal information be in writing, be signed by the requestor and include sufficient detail to enable OHCF, with a reasonable effort, to identify any record in the custody or under the control of OHCF containing the personal information in respect of which the request is made.

Limits on Right to Access Personal Information

Your ability to access your personal information under OHCF’s custody and control is not absolute. OHCF reserves all rights not to disclose personal information, in whole or in part, in certain circumstances permitted or required by law, including but not limited to where:

  • the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual;
  • the disclosure would reveal personal information about another individual;
  • the information is protected by any legal privilege;
  • the disclosure of the information would reveal confidential commercial information; or
  • the personal information was collected by us for an investigation or legal proceeding.

If access to your personal information is refused, in whole or in part, OHCF will provide you with the reasons for the refusal, the provision of PIPEDA on which the refusal is based, and the name of the individual who can answer your questions on behalf of OHCF about the refusal, and will inform you that you may ask for a review of the refusal in accordance with PIPEDA.

Requests for Correction of Personal Information

On written request by you, OHCF will make every reasonable effort to correct errors or omissions in your personal information where that information is in OHCF’s custody or control. OHCF requires that all such requests be in writing, be signed by the requestor, and include sufficient detail to enable OHCF, with a reasonable effort, to identify any record in the custody or under the control of OHCF containing the personal information in respect of which the request is made.

If you make such a request, OHCF will, as soon as reasonably possible and not later than 30 days from OHCF’s receipt of your request, or within such additional time as permitted or required by law, either:

  • correct the personal information and, if reasonable to do so, send correction notifications to any third party to whom OHCF disclosed the incorrect information; or
  • decide not to correct the personal information, but OHCF will annotate the personal information under its control to indicate that a correction was requested but not made.

OHCF will inform you of the action that it has taken in response to your request for correction, the name of the individual who can answer your questions on behalf of OHCF about your request for correction, and that you may ask for a review of the action taken in accordance with PIPEDA.

Notwithstanding any requests for corrections of personal information, OHCF will not correct or otherwise alter an opinion, including a professional or expert opinion.

Limited Nature of this Privacy Policy

Nothing contained in this Privacy Policy is intended to create a contract or agreement between OHCF and you and you may not rely on it as such.

Accountability and Contacting Okanagan Hockey School

OHCF has designated a Privacy Officer to respond to any complaints or inquiries with regards to how OHCF handles your personal information. The Privacy Officer is responsible for overseeing OHCF’s compliance with this Privacy Policy, PIPEDA and other privacy legislation which may apply from time-to-time.

Should you have any questions or comments regarding OHCF’s privacy policies, practices, or handling of your personal information or if you wish to request access to or correction of your personal information under OHCF’s care and control, you may contact OHCF’s Privacy Officer at:

Attention: Kalli Quinn
Address: 201-853 Eckhardt Avenue West, Penticton, BC V2A 9C4
Email: kalliquinn@okanaganhockeyfoundation.com.

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