THE KELOWNA CURLING CLUB PRIVACY CODE

(June 2022)

 

Table of Contents

 

Introduction

Summary of Principles

Scope and Application

Definitions

The Kelowna Curling Club Privacy Code in Detail

Principle 1 - Accountability

Principle 2 - Identifying Purposes for Collection of Personal Information

Principle 3 - Obtaining Consent for Collection, Use or Disclosure of Personal Information

Principle 4 - Limiting Collection of Personal Information

Principle 5 - Limiting Use, Disclosure, and Retention of Personal Information

Principle 6 - Accuracy of Personal Information

Principle 7 - Security Safeguards

Principle 8 - Openness Concerning Policies and Procedures

Principle 9 - Member and Employee Access to Personal Information

Principle 10 - Challenging Compliance

Additional Information

 

Introduction

 

At the Kelowna Curling Club, respecting privacy is an important part of our commitment to our Members and employees.  That is why we have developed The Kelowna Curling Club Privacy Code. The Kelowna Curling Club Privacy Code is a statement of principles and guidelines regarding the minimum requirements for the protection of personal information provided by Kelowna Curling Club to its Members and employees.  The objective of The Kelowna Curling Club Privacy Code is to promote responsible and transparent personal information management practices in a manner consistent with the provisions of the Personal Information Protection Act (BC).

 

Kelowna Curling Club will periodically review The Kelowna Curling Club Privacy Code to make sure that it is relevant and remains current with changing industry standards, technologies and laws.

 

 

Summary of Principles

 

Principle 1 - Accountability

 

Kelowna Curling Club is responsible for personal information under its control and shall designate one or more persons who are accountable for Kelowna Curling Club’s compliance with the following principles.

 

Principle 2 - Identifying Purposes for Collection of Personal Information

 

Kelowna Curling Club shall identify the purposes for which personal information is collected at or before the time the information is collected.

 

Principle 3 - Obtaining Consent for Collection, Use or Disclosure of Personal Information

 

The knowledge and consent of a Member or employee are required for the collection, use, or disclosure of personal information, except where inappropriate.

 

Principle 4 - Limiting Collection of Personal Information

 

Kelowna Curling Club shall limit the collection of personal information to that which is necessary for the purposes identified by Kelowna Curling Club.  Kelowna Curling Club shall collect personal information by fair and lawful means.

 

Principle 5 - Limiting Use, Disclosure, and Retention of Personal Information

 

Kelowna Curling Club shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law.

 

Principle 6 - Accuracy of Personal Information

 

Personal information shall be as accurate, complete, and up to date as is necessary for the purposes for which it is to be used.

 

Principle 7 - Security Safeguards

 

Kelowna Curling Club shall protect personal information by security safeguards appropriate to the sensitivity of the information.

 

 

Principle 8 - Openness Concerning Policies and Procedures

 

Kelowna Curling Club shall make readily available to Members and employees specific information about its policies and procedures relating to the management of personal information.

 

Principle 9 – Member and Employee Access to Personal Information

 

Kelowna Curling Club shall inform a Member or employee of the existence, use, and disclosure of his or her personal information upon request and shall give the individual access to that information.  A Member or employee shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

 

Principle 10 - Challenging Compliance

 

A Member or employee shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for Kelowna Curling Club’s compliance with The Kelowna Curling Club Privacy Code.

 

Scope and Application

 

The ten principles that form the basis of The Kelowna Curling Club Privacy Code are interrelated and Kelowna Curling Club shall adhere to the ten principles as a whole.  Each principle must be read in conjunction with the accompanying commentary.  As permitted by the Personal Information Protection Act (BC), the commentary in The Kelowna Curling Club Privacy Code has been drafted to reflect personal information issues specific to Kelowna Curling Club.

 

The scope and application of The Kelowna Curling Club Privacy Code are as follows:

 

-           The Kelowna Curling Club Privacy Code applies to personal information collected, used, or disclosed by Kelowna Curling Club in the course of the Club’s operations

 

-           The Kelowna Curling Club Privacy Code applies to the management of personal information in any form, whether oral, electronic or written.

 

-           The Kelowna Curling Club Privacy Code does not impose any limits on the collection, use or disclosure of the following information by Kelowna Curling Club:

 

 

(a)       an employee’s name, title or business address or business telephone number;

 

(b)       information that Kelowna Curling Club collects, uses or discloses solely for journalistic, artistic or literary purposes.  This information is not used or disclosed for any other purpose; or

 

(c)       other information about the individual that is publicly available and is specified by regulation pursuant to the Personal Information Protection Act (BC).

 

-           The application of The Kelowna Curling Club Privacy Code is subject to the requirements and provisions of the Personal Information Protection Act (BC), the regulations enacted thereunder, and any other applicable legislation or regulation.

 

Definitions

 

collection:  The act of gathering, acquiring, recording, or obtaining personal information from any source, including third parties, by any means.

 

consent:  Voluntary agreement for the collection, use and disclosure of personal information for defined purposes.  Consent can be either express or implied and can be provided directly by the individual or by an authorized representative.  Express consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of Kelowna Curling Club.  Implied consent is consent that can reasonably be inferred from an individual’s action or inaction.  For example, by providing personal information to Kelowna Curling Club in any format, including but not limited to email, personal correspondence, letter or via registration, individuals are consenting to the use of the information for the purposes identified in this code. 

 

Member:  An individual who pays current annual membership fee, or uses any of Kelowna Curling Club’s services or otherwise provides personal information to Kelowna Curling Club in the course of Kelowna Curling Club’s activities.

 

disclosure:  Making personal information available to a third party.

 

employee:  An employee of or independent contractor to Kelowna Curling Club.

 

 

personal information:  Information about an identifiable individual, but does not include name,  job title, business address, business telephone number or other contact information of an individual at a place business.

 

Kelowna Curling Club:  Also known as a not-for-profit society registered in British Columbia as The Kelowna Curling Club (located at 551 Recreation Ave)

 

third party: An individual or organization outside of the Kelowna Curling Club.

 

use: The treatment, handling, and management of personal information by and within Kelowna Curling Club or by a third party with the knowledge and approval of Kelowna Curling Club.

 

The Kelowna Curling Club Privacy Code in Detail

 

Principle 1 - Accountability

 

Kelowna Curling Club is responsible for personal information under its control and shall designate one or more persons who are accountable for Kelowna Curling Club’s compliance with the following principles.

 

1.1       Responsibility for compliance with the provisions of The Kelowna Curling Club Privacy Code rests with the Kelowna Curling Club Privacy Officer [1] [2] [3] who can be reached at 1-250-762-3112 or via [email protected]  Other individuals within Kelowna Curling Club may be delegated to act on behalf of The Kelowna Curling Club Privacy Officer to take responsibility for the day-to-day collection and/or processing of personal information.

 

1.2       Kelowna Curling Club shall make known, upon request, the title of the person or persons designated to oversee Kelowna Curling Club’s compliance with The Kelowna Curling Club Privacy Code.

 

1.3       Kelowna Curling Club is responsible for personal information in its possession or control.  Kelowna Curling Club shall use contractual or other means to provide a comparable level of protection while information is being processed or used by a third party.

 

1.4       Kelowna Curling Club shall implement policies and procedures to give effect to The Kelowna Curling Club Privacy Code, including:

 

(a)       implementing procedures to protect personal information and to oversee Kelowna Curling Club’s compliance with The Kelowna Curling Club Privacy Code;

 

(b)       implementing procedures to receive and respond to complaints or inquiries;

 

(c)       training and communicating to staff about Kelowna Curling Club’s policies and procedures; and

 

(d)       developing information materials to explain Kelowna Curling Club’s policies and procedures.

 

Principle 2 - Identifying Purposes for Collection of Personal Information

 

Kelowna Curling Club shall identify the purposes for which personal information is collected at or before the time the information is collected.

 

2.1       Kelowna Curling Club [4] collects personal information only for the following purposes:

 

  • Develop and maintain our relationship with you and communicate with you
  • Do all the things necessary to administer those services;
  • Research, develop, manage, protect and improve those services;
  • Advise you about new products and services that may be of interest to you; and
  • Invoice and collect payment for services and products provided by us to you.
  • To comply with our responsibilities as a member facility of Curl BC and Curling Canada [5]

 

Further reference to “identified purposes” mean the purposes identified in this Principle.

 

2.2       Kelowna Curling Club shall specify orally, electronically or in writing the identified purposes to the Member or employee at or before the time personal information is collected.  Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within Kelowna Curling Club who can explain the purposes.

 

2.3       When personal information that has been collected is to be used or disclosed for a purpose not previously identified, the new purpose shall be identified prior to use.  Unless the new purpose is permitted or required by law, the consent of the Member or employee will be acquired before the information will be used or disclosed for the new purpose.

 

 

Principle 3 - Obtaining Consent for Collection, Use or Disclosure of Personal Information

 

The knowledge and consent of a Member or employee are required for the collection, use, or disclosure of personal information, except where inappropriate.  In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual.

 

 

3.1       The Kelowna Curling Club will make all reasonable efforts to ensure that the purposes for personal information collection are stated at the time collection takes place.

 

3.2       Generally, Kelowna Curling Club shall seek consent to use and disclose personal information at the same time it collects the information.  However, Kelowna Curling Club may seek consent to use and/or disclose personal information after it has been collected, but before it is used and/or disclosed for a new purpose.

 

3.3       Kelowna Curling Club may require Members to consent to the collection, use and/or disclosure of personal information as a condition of membership only if such collection, use and/or disclosure is required to fulfill the explicitly specified, and legitimate identified purposes.

 

3.4       In determining the appropriate form of consent[6] , Kelowna Curling Club shall take into account the sensitivity of the personal information and the reasonable expectations of its Members and employees.

 

3.5       The use of the facility and/or services by a Member, or the acceptance of employment or benefits by an employee, may constitute implied consent [7] for Kelowna Curling Club to collect, use and disclose personal information for the identified purposes.

 

3.6       A Member or employee may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice.  [8] Members and employees may contact Kelowna Curling Club for more information regarding the implications of withdrawing consent.

 

3.7       Kelowna Curling Club may collect or use personal information without knowledge or consent if it is clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when the individual is seriously ill or mentally incapacitated.

 

 

3.8       Kelowna Curling Club may collect, use or disclose personal information without knowledge or consent if seeking the consent of the individual might defeat the purpose of collecting, using or disclosing the information, such as in the investigation of a breach of an agreement or a contravention of a law.

 

3.9       Kelowna Curling Club may collect, use or disclose personal information without knowledge or consent in the case of an emergency where the life, health or security of an individual is threatened.

 

3.10     Kelowna Curling Club may use or disclose personal information without knowledge or consent to a lawyer representing Kelowna Curling Club, to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.

 

Principle 4 - Limiting Collection of Personal Information

 

Kelowna Curling Club shall limit the collection of personal information to that which is necessary for the purposes identified by Kelowna Curling Club.  Kelowna Curling Club shall collect personal information by fair and lawful means.

 

4.1       Kelowna Curling Club collects personal information primarily from its Members or employees.

 

4.2       Kelowna Curling Club may also collect personal information from other sources including credit bureaus, employers or personal references, or other third parties who represent that they have the right to disclose the information.

 

4.3       KCC will review and revise its forms to include a statement of purpose. As appropriate, forms will also include a provision for an individual to opt out of providing some personal information. This includes written and electronic forms.

 

 

 

Principle 5 - Limiting Use, Disclosure, and Retention of Personal Information

 

Kelowna Curling Club shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law.  Kelowna Curling Club shall retain personal information only as long as necessary for the fulfillment of those purposes.

 

5.1       Kelowna Curling Club may disclose a Member’s personal information to:

 

  • Canada Revenue Agency
  • Respective provincial tax authorities
  • Personal bank manager
  • Legal counsel
  • Insurance agent
  • Other professional(s) or third-party processors as required by the nature of the engagement[9]

 

 

5.2       Kelowna Curling Club may disclose personal information about its employees to:

 

  • Canada Revenue Agency
  • Respective provincial tax authorities
  • Personal bank manager
  • Legal counsel
  • Insurance agent
  • Other professional(s) or third-party processors as required by the nature of the engagement

 

5.3       Only Kelowna Curling Club’s employees with a business need-to-know, or whose duties reasonably so require, are granted access to personal information about Members and employees.

 

5.4       Kelowna Curling Club shall keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law.  Depending on the circumstances, where personal information has been used to make a decision about a Member or employee, Kelowna Curling Club shall retain, for a period of time that is reasonably sufficient to allow for access by the Member or employee, either the actual information or the rationale for making the decision.

 

5.5       Kelowna Curling Club shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction[10]  which apply to personal information that is no longer necessary or relevant for the identified purposes or required by law to be retained.  Such information shall be destroyed, erased or made anonymous.

 

Principle 6 - Accuracy of Personal Information

 

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

 

6.1       Personal information used by Kelowna Curling Club shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a Member or employee.

 

6.2       Kelowna Curling Club shall update personal information about Members and employees as necessary to fulfill the identified purposes or upon notification by the individual.

 

 

Principle 7 - Security Safeguards

 

Kelowna Curling Club shall protect personal information by security safeguards [11] appropriate to the sensitivity of the information.

 

7.1       Kelowna Curling Club shall protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures, regardless of the format in which it is held.

 

7.2       Kelowna Curling Club shall protect personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.

 

7.3       All of Kelowna Curling Club’s employees with access to personal information shall be required to respect the confidentiality of that information.

 

Principle 8 - Openness Concerning Policies and Procedures

 

Kelowna Curling Club shall make readily available to Members and employees specific information about its policies and procedures relating to the management of personal information.

 

8.1       Kelowna Curling Club shall make information about its policies and procedures easy to understand, including:

 

(a)       the title and address of the person or persons accountable for Kelowna Curling Club’s compliance with The Kelowna Curling Club Privacy Code and to whom inquiries and/or complaints can be forwarded;

 

(b)       the means of gaining access to personal information held by Kelowna Curling Club; 

 

(c)       a description of the type of personal information held by Kelowna Curling Club, including a general account of its use; and

 

(d)       a description of what personal information is made available to related organizations (e.g. Sports Associations such as Curl BC and Curling Canada)

 

8.2       Kelowna Curling Club shall make available information to help Members and employees exercise control of the collection, use and/or disclosure of their personal information and, where applicable, privacy-enhancing services available from Kelowna Curling Club[12] .

 

Principle 9 - Member and Employee Access to Personal Information

 

Upon request, Kelowna Curling Club shall inform a Member or employee of the existence, use, and disclosure of his or her personal information and shall give the individual access to that information.  A Member or employee shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

 

9.1       Upon request, Kelowna Curling Club shall afford Members and employees a reasonable opportunity to review the personal information in the individual’s file.  Personal information shall be provided in understandable form within a reasonable time, and at minimal or no cost to the individual.

 

9.2       In certain situations, Kelowna Curling Club may not be able to provide access to all the personal information that it holds about a Member or employee.  For example, Kelowna Curling Club may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual.  Also, Kelowna Curling Club may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege[13] [14] , if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of the laws of Canada or a province.

 

9.3       Upon request, Kelowna Curling Club shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the information.  In providing an account of disclosure, Kelowna Curling Club shall provide a list of third parties to which it may have disclosed personal information about the individual when it is not possible to provide an actual list.

 

9.4       In order to safeguard personal information, a Member or employee may be required to provide sufficient identification information to permit Kelowna Curling Club to account for the existence, use and disclosure of personal information and to authorize access to the individual’s file.  Any such information shall be used only for this purpose.

 

9.5       Kelowna Curling Club shall promptly correct or complete any personal information found to be inaccurate or incomplete.  Any unresolved differences as to accuracy or completeness shall be noted in the individual’s file.  Where appropriate, Kelowna Curling Club shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.

 

9.6       Members and employees can obtain information or seek access to their individual files by contacting the Kelowna Curling Club Privacy Officer.

 

Principle 10 - Challenging Compliance

 

A Member or employee shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for Kelowna Curling Club’s compliance with The Kelowna Curling Club Privacy Code.

 

10.1     Kelowna Curling Club shall maintain procedures for addressing and responding to all inquiries or complaints from its Members and employees regarding Kelowna Curling Club’s handling of personal information.

 

10.2     Kelowna Curling Club shall inform its Members and employees about the existence of these procedures as well as the availability of complaint procedures.

 

10.3     The person or persons accountable for compliance with The Kelowna Curling Club Privacy Code may seek external advice where appropriate before providing a final response to individual complaints.

 

10.4     Kelowna Curling Club shall investigate all complaints concerning compliance with The Kelowna Curling Club Privacy Code.  If a complaint is found to be justified, Kelowna Curling Club shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures.  A Member or employee shall be informed of the outcome of the investigation regarding his or her complaint.

 

Additional Information

 

For more information regarding The Kelowna Curling Club Privacy Code, please contact the Kelowna Curling Club Privacy Officer at 1-250-762-3112 or via [email protected]

 

For additional information about Privacy Legislation, please visit the Office of Information and Privacy Commissioner for British Columbia at www.oipc.bc.ca and/or the Privacy Commissioner of Canada’s website at www.priv.gc.ca.


Who will be the KCC Privacy Officer?

I believe that the GM is the privacy officer.

@[email protected] - Jan when you are updating the GM job description, will you be able to include that one of the roles of the GM is to fulfill the role of Privacy Officer in accordance with  the KCC Privacy Code?  The Privacy Officer (aka GM) would have the duty to report any privacy breach to the Board.  Per #1.4- Part of the GM's duties will be to ensure that all staff who have access to personal information (i.e. registration form details) are aware of the Privacy Code and know how to ensure that information is protected (e.g. computer passwords, computer screens are blanked out if the office person steps away from the computer for a minute, clean desk policy, etc.)

rework

Do we add this line to clarify that we collect information to fufill our association relationship?

Implied form of consent would be appropriate when completing a registration form for curling.

See wording from Curling Canada “By providing personal information to Curling Canada in any format, including but not limited to email, personal correspondence, letter or via registration, individuals are consenting to the use of the information for the purposes identified in this policy.”

Do we want to expand this clause to be similar to Curl BC? “Refusal or withdrawal of consent

An individual has the right to refuse consent to use personal information or to withdraw consent at any time. Curl BC will give individuals the opportunity to opt out at time of collection of information. The individual's choice will be respected. This may mean that the individual does not receive general Curl BC communications or any special offers or information on behalf of Curl BC's partners and associates. An individual may withdraw consent for use of personal information at any time upon 30 days written notice to the Privacy Officer. The notice may be given by post, fax or email. The Privacy Officer must notify the individual of any consequences of this withdrawal of consent, and must also advise the individual when Curl BC has complied with their request.)”

Do we want to explicitly name the Curling associations: Curl Bc and Curling Canada?

Does KCC already have a practice regarding retention and deletion of personal information?

What are the safeguard at KCC?  Computer passwords? Are there paper files in a locked cabinet?

Are there any privacy enshancing services from KCC?  This comment may have only been relevant for Dan Chun’s practice.

clarify if relevant.  This paragraph seems very legalese.

e.g. could it be appropriate wording  for client/solicitor privilege if dealing with a wrongful dismissal situation ?