The MTB Exchange
- Different privacy legislation applies to the public sector and to the private sector. Not-for-profit 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 not-for-profit sport organizations in Canada
- PIPEDA applies to The MTB Exchange’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.
- “Stakeholder” – Individuals employed by, or engaged in activities on behalf of, The MTB Exchange including: coaches, staff members, contract personnel, volunteers, managers, administrators, committee members, and Directors and Officers of The MTB Exchange.
- “Individual” - All categories of membership defined in The MTB Exchange’s Bylaws as well as all individuals employed by, or engaged in activities with,The MTB Exchange including, but not limited to, athletes, coaches, convenors, officials, volunteers, managers, administrators, committee members, and Directors and Officers of The MTB Exchange.
- The MTB Exchange recognizes Individuals’ right to privacy with respect to their Personal Information.
This Policy describes the way that The MTB Exchange collects, uses, safeguards, discloses, and
disposes of Personal Information
Application of this Policy
- This Policy applies to all Stakeholders and Individuals in connection with personal information that is
collected, used or disclosed during The MTB Exchange’s Commercial Activity and Non-Commercial
- Except as provided in PIPEDA,The MTB Exchange’s Board will have the authority to interpret any
provision of this Policy that is contradictory, ambiguous, or unclear.
- The MTB Exchange is obligated to:
- Follow and abide by PIPEDA in all matters involving the collection, use, and disclosure of Personal
Information during The MTB Exchange ’s Commercial Activity;
- Always disclose what Personal Information is being collected from Individuals and for what purpose the Personal Information is being collected. The MTB Exchange will not require the collection of any Personal Information if the purpose for its collection is not identified.
- Follow and abide by PIPEDA in all matters involving the collection, use, and disclosure of Personal
- In addition to fulfilling the legal obligations required by PIPEDA,The MTB Exchange ’s Stakeholders will
- 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 The MTB Exchange.
- Accept any gift or favor that could be construed as being given in anticipation of, or in recognition for, the disclosure of Personal Information
- The MTB Exchange’s Privacy Officer is responsible for the implementation of this policy and monitoring information collection and data security, and ensuring that all staff receive appropriate training on privacy issues and their responsibilities.The MTB Exchange ’s Privacy Officer also handles personal information access requests and complaints. The MTB Exchange’s Privacy Officer may be contacted at the following address: theMTBexchange@gmail.com
- Duties - The Privacy Officer (SECRETARY) will:
- Implement procedures to protect personal information;
- Establish procedures to receive and respond to complaints and inquiries;
- Record all persons having access to personal information;
- Ensure any third party providers abide by this Policy;
- Train and communicate to staff information about The MTB Exchange’s privacy policies and practices.
Information Collection Purpose
The MTB Exchange may collect Personal Information from Individuals and prospective Individuals for
purposes that may include any of the following:
Non-Commercial Activity Communications
- Sending communications in the form of e-news or a newsletter with content related to The MTB
Exchange’s programs, events, fundraising, activities, discipline, appeals, and other pertinent information;
- Publishing articles, media relations and postings on The MTB Exchange’s website, displays or posters;
- Award nominations, biographies, and media relations;
- Communication within and between Stakeholders 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 The MTB Exchange
- 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 The MTB Exchange’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
- Payroll, honorariums, company insurance and health plans;
- Any and all complaints and inquiries.
The MTB Exchange’s Stakeholders may collect Personal Information from Individuals and prospective
Individuals for other purposes, provided that documented consent specifying the use of the Personal
Information is obtained from the Individuals or prospective Individuals.
- By providing Personal Information toThe MTB Exchange, 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, The MTB Exchange will obtain consent from Individuals by lawful means, in a manner similar to the form in Appendix A. The MTB Exchange 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, The MTB Exchange 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 checkbox, 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
- The MTB Exchange 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 orally or in writing, at any time, subject to legal or contractual restrictions. The MTB Exchange will inform the Individual of the implications of withdrawing consent.
- The MTB Exchange 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.
- The MTB Exchange 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.
- The MTB Exchange is also not required to obtain consent for the collection of Personal Information if the information is for journalistic, artistic, or literary purposes.
- The MTB Exchange may disclose Personal Information without the Individual’s knowledge or consent only:
- To a lawyer representing The MTB Exchange;
- To collect a debt that the Individual owes to The MTB Exchange;
- To comply legal proceedings of any sort;
- To comply with government regulations;
- 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 (The MTB Exchange 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.
Accuracy, Retention, and Openness
- 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 The
- MTB Exchange programs, events, and activities, and in order to maintain historical records as may be required by law or by governing organizations.
- 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.
- The MTB Exchange will make the following information available to Individuals:
- The means of gaining access to Personal Information held by The MTB Exchange .
- A description of the type of Personal Information held by The MTB Exchange, including a general account of its use.
- Identification of any third parties to which Personal Information is made available. Access
- Upon written request, and with assistance from The MTB Exchange 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 The MTB Exchange refused a request for Personal Information, it shall inform the Individual the
reasons for the refusal. Compliance Challenges
- Individuals are able to challenge The MTB Exchange's compliance with this Policy.
- Upon receipt of a complaint, The MTB Exchange 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 The MTB Exchange’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 file 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 The MTB Exchange;
- Notify the complainant the outcome of the investigation and any relevant steps taken to rectify the complaint, including any amendments to policies and procedures.
- The MTB Exchange will not dismiss, suspend, demote, discipline, harass, or otherwise disadvantage
any Organization Individual or Stakeholder who:
- Challenges The MTB Exchange 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.
Review and Approval
This policy is reviewed annually.